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writing to CONTRACTOR and ENGINEER which will will be paid to CONTRACTOR. If such claims, costs,
<br /> fix the date on which Work will be resumed. CON- losses, and damages exceed such unpaid balance,
<br /> TRACTOR shall resume the Work on the date so CONTRACTOR shall pay the difference to OWNER.
<br /> fixed. GONTRAGTOR shall be allGwed @R adjustm Such claims, costs, losses, and damages incurred by
<br /> st OWNER will be reviewed by ENGINEER as to their
<br /> Times, 6r beth, direGtly attributable te any s reasonableness and, when so approved by
<br /> cusp im+a,,,m;e,efbF ENGINEER, incorporated in a Change Order. When
<br /> as-provided in paragraph 10.05. exercising any rights or remedies under this
<br /> paragraph OWNER shall not be required to obtain the
<br /> 15.02 OWNER May Terminate for Cause lowest price for the Work performed.
<br /> A. The occurrence of any one or more of the C. Where CONTRACTOR's services have been
<br /> following events will justify termination for cause: so terminated by OWNER, the termination will not
<br /> affect any rights or remedies of OWNER against
<br /> 1. CONTRACTOR's persistent failure CONTRACTOR then existing or which may thereafter
<br /> to perform the Work in accordance with the accrue. Any retention or payment of moneys due
<br /> Contract Documents (including, but not limited CONTRACTOR by OWNER will not release CON-
<br /> to, failure to supply sufficient skilled workers or TRACTOR from liability.
<br /> suitable materials or equipment or failure to
<br /> adhere to the progress schedule established 15.03 OWNER May Terminate For Convenience
<br /> under paragraph 2.07 as adjusted from time to
<br /> time pursuant to paragraph 6.04); A. Upon seven days written notice to CON-
<br /> TRACTOR and ENGINEER, OWNER may, without
<br /> 2. CONTRACTOR's disregard of Laws cause and without prejudice to any other right or
<br /> or Regulations of any public body having remedy of OWNER, elect to terminate the Contract.
<br /> jurisdiction; In such case, CONTRACTOR shall be paid (without
<br /> duplication of any items):
<br /> 3. CONTRACTOR's disregard of the
<br /> authority of ENGINEER;or 1. for completed and acceptable Work
<br /> executed in accordance with the Contract
<br /> 4. CONTRACTOR's violation in any Documents prior to the effective date of
<br /> substantial way of any provisions of the termination, including fair and reasonable sums
<br /> Contract Documents. for overhead and profit on such Work;
<br /> B. if one or more of the events identified in 2. for expenses sustained prior to the
<br /> paragraph 15.02.A occur, OWNER may, after giving effective date of termination in performing
<br /> CONTRACTOR (and the surety, if any) seven days services and furnishing labor, materials, or
<br /> written notice, terminate the services of equipment as required by the Contract
<br /> CONTRACTOR, exclude CONTRACTOR from the Documents in connection with uncompleted
<br /> Site, and take possession of the Work and of all Work, plus fair and reasonable sums for
<br /> CONTRACTOR's tools, appliances, construction overhead and profit on such expenses;
<br /> equipment, and machinery at the Site, and use the
<br /> same to the full extent they could be used by 3. for all claims, costs, losses, and
<br /> CONTRACTOR(without liability to CONTRACTOR for damages (including but not limited to all fees
<br /> trespass or conversion), incorporate in the Work all and charges of engineers, architects, attorneys,
<br /> materials and equipment stored at the Site or for and other professionals and all court or
<br /> which OWNER has paid CONTRACTOR but which arbitration or other dispute resolution costs) in-
<br /> are stored elsewhere, and finish the Work as OWNER curred in settlement of terminated contracts
<br /> may deem expedient. In such case, CONTRACTOR with Subcontractors, Suppliers, and others;and
<br /> shall not be entitled to receive any further payment
<br /> until the Work is finished. If the unpaid balance of the 4. for reasonable expenses directly
<br /> Contract Price exceeds all claims, costs, losses, and attributable to termination.
<br /> damages (including but not limited to all fees and
<br /> charges of engineers,.architects, attorneys, and other B. CONTRACTOR shall not be paid on account
<br /> professionals and all court or arbitration or other of loss of anticipated profits or revenue or other eco-
<br /> dispute resolution costs)sustained by OWNER arising nomic loss arising out of or resulting from such
<br /> out of or relating to completing the Work, such excess termination.
<br /> 00700-General Conditions REV 5-10-13
<br /> 00700-43
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<br /> General Conditions REV 5-10-13.doc
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