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by CONTRACTOR to ENGINEER with the Application for such payment: Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by OWNER against CONTRACTOR, except Claims arising f unsettled Liens from defective Work under paragraph 2.07 as adjusted from time to time pursuant to paragraph 6.04); 2. CONTRACTOR's disregard of Laws or Regulations of any public body having jurisdiction; 3. CONTRACTOR's disregard of the authority of ENGINEER; or 4. CONTRACTOR's violation in any substantial way of any provisions of the Contract Documents. rom , appearing after final inspection pursuant to B. if one or more of the events identified in paragraph 14.06, from failure to comply with the paragraph 15.02.A occur, OWNER may, after giving Contract Documents or the terns of any special CONTRACTOR (and the surety, if any) seven days guarantees specified therein, or from written notice, terminate the services of CONTRACTOR's continuing obligations under CONTRACTOR, exclude. CONTRACTOR from the the Contract Documents; and Site, and take possession of the Work and of all CONTRACTOR's tools, appliances, construction 2. a waiver of all Claims by CONTRAC- equipment, and machinery at the Site, and use the TOR against OWNER other than those same to the full extent they could be used by previously made in writing which are still CONTRACTOR (without liability to CONTRACTOR for ........------- -- fres ass or conversion , mco rate in the Work all unsettled; - - ___ __ ..__ p ). ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 OWNER May Suspend Work materials and equipment stored at the baa, or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Work isAnished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages '(Including but not limited to all fees and A. • At any time and Without cause, OWNER may charges of engineers, architects, attorneys, and other suspend the Work or any portion thereof for a period professionals and all court or arbitration or other of not more than 90 consecutive days by notice in dispute resolution costs) sustained by OWNER arising writing to CONTRACTOR and ENGINEER which will out of or relating to completing the Work, such excess fix the date on which Work will be resumed. CON- will be paid to CONTRACTOR. If such claims, costs, TRACTOR shall resume the Work on the date so losses, and damages exceed such unpaid balance, fixed. CONTRAGTOR shall be allowed an aojustmen CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses, and damages incurred by OWNER will be reviewed by ENGINEER as to their suspension makes a Claim theFefGF reasonableness and, when so approved by ENGINEER, incorporated. in a Change Order. When exercising any rights or remedies ' under this 15.02 OWNER May Terminate for Cause paragraph OWNER shall not be required to obtain the lowest price for the Work performed. A. The occurrence of any one or more of the following events will justify termination for cause: 1. CONTRACTOR's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established C. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CON- TRACTOR.from liability. . 007oo - General Conditions Master .00100-43 FAR&IIe Woft%ENGINEERING DIVISION PRO.IECTSN730IRC Health Department Roof RePlacement Projeelll-Admin%Bid DocunentsWaster Contrect DocumentsW(Y700 -General . _. Conditions Master.doc