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15.03 OWNER May Terminate For Convenience Application for Payment within 30 days after it is <br /> submitted, or CANNER has failed faF 30 days to pay <br /> A. Upon seven days written notice to CONCONTRAGTOR any sum finally detem;ined to be <br /> - <br /> TRACTOR and ENGINEER, OWNER may, without CONTRACTOR may, seven days after written notice <br /> cause and without prejudice to any other right or to OWNER and ENGINEER, stop the Work until <br /> remedy of OWNER, elect to terminate the Contract. payment is made of all such amounts due <br /> In such case, CONTRACTOR shall be paid (without CONTRACTOR, including interest thereon. The <br /> duplication of any items): provisions of this paragraph 15 04 are not intended to <br /> preclude CONTRACTOR from making a Claim under <br /> 1 for completed and acceptable Work paragraph 10.05 for an adjustment in Contract Price <br /> executed in accordance with the Contract or Contract Times or otherwise for expenses or <br /> Documents prior to the effective date of damage directly attributable to CONTRACTOR's <br /> termination, including fair and reasonable sums stopping the Work as permitted by this paragraph. <br /> for overhead and profit on such Work; <br /> 2. for expenses sustained prior to the ARTICLE 16- DISPUTE RESOLUTION <br /> effective date of termination in performing <br /> services and furnishing labor, materials, or <br /> equipment as required by the Contract 16.01 Methods and Procedures <br /> Documents in connection with uncompleted <br /> Work, plus fair and reasonable sums for A. Dispute resolution methods and procedures, if <br /> overhead and profit on such expenses; any, shall be as set forth in the Supplementary <br /> Conditions. If no method and procedure has been set <br /> 3 for all claims, costs, losses, and forth, and subject to the provisions of paragraphs 9.09 <br /> damages (including but not limited to all fees and 10.05, OWNER and CONTRACTOR may <br /> and charges of engineers, architects, attorneys, exercise such rights or remedies as either may <br /> and other professionals and all court or otherwise have under the Contract Documents or by <br /> arbitration or other dispute resolution costs) in- Laws or Regulations in respect of any dispute. <br /> curred in settlement of terminated contracts <br /> with Subcontractors, Suppliers, and others; and <br /> ARTICLE 17-MISCELLANEOUS <br /> 4. for reasonable expenses directly <br /> attributable to termination. <br /> 17.01 Giving Notice <br /> B. CONTRACTOR shall not be paid on account <br /> of loss of anticipated profits or revenue or other eco- A. Whenever any provision of the Contract <br /> nomic loss arising out of or resulting from such Documents requires the giving of written notice, it will <br /> termination. be deemed to have been validly given if delivered in <br /> person to the individual or to a member of the firm or <br /> 15.04 CONTRACTOR May Stop Work or to an officer of the corporation for whom it is intended, <br /> Terminate or if delivered at or sent by registered or certified mail, <br /> postage prepaid, to the last business address known <br /> A. If, through no act or fault of CONTRACTOR, to the giver of the notice <br /> the Work is suspended for more than 90 consecutive <br /> days by OWNER or under an order of court or other 17.02 Computation of Times <br /> public authority, or ENGINEER fails to act on any <br /> Application for Payment within 30 days after it is A. When any period of time is referred to in the <br /> submitted, Contract Documents by days, it will be computed to <br /> then exclude the first and include the last day of such <br /> CONTRACTOR may, upon seven days written notice period If the last day of any such period falls on a <br /> to OWNER and ENGINEER, and provided OWNER Saturday or Sunday or on a day made a legal holiday <br /> or ENGINEER do not remedy such suspension or by the law of the applicable jurisdiction, such day will <br /> failure within that time, terminate the Contract and be omitted from the computation. <br /> recover from OWNER payment on the same terms as <br /> provided in paragraph 15.03 In lieu of terminating the 17 03 Cumulative Remedies <br /> Contract and without prejudice to any other right or <br /> remedy, if ENGINEER has failed to act on an <br /> 00700-General Conditions REV 510-13 <br /> 00700-44 <br /> F(Public Works\ENGINEERING DIVISION PROJECTS\1425 S County Park-General Use FieldWdmin\bid documentsWaster Contract Documents\00700-General Conditions REV 510- <br /> 13.doc <br />