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ARTICLE 15 - SUSPENSION OF WORK AND
<br />TERMINATION
<br />15.01 OWNER May Suspend Work
<br />A. At any time and without cause, OWNER may
<br />suspend the Work or any portion thereof for a period of
<br />not more than 90 consecutive days by notice in writing
<br />to CONTRACTOR and ENGINEER which will fix the
<br />date on which Work will be resumed. CONTRACTOR
<br />shall resume the Work on the date so fixed.
<br />GONTRAGTOR shall be allowed an acljustmeRt in the
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<br />15.02 OWNER May Terminate for Cause
<br />A. The occurrence of any one or more of the
<br />following events will justify termination for cause:
<br />1. CONTRACTOR's persistent failure
<br />to perform the Work in accordance with the Con-
<br />tract Documents (including, but not limited to,
<br />failure to supply sufficient skilled workers or
<br />suitable materials or equipment or failure to
<br />adhere to the progress schedule established
<br />under paragraph 2.07 as adjusted from time to
<br />time pursuant to paragraph 6.04);
<br />2. CONTRACTOR's disregard of Laws
<br />or Regulations of any public body having
<br />jurisdiction;
<br />3. CONTRACTOR's disregard of the
<br />authority of ENGINEER; or
<br />4. CONTRACTOR's violation in any
<br />substantial way of any provisions of the Contract
<br />Documents.
<br />B. If one or more of the events identified in
<br />paragraph 15.02.A occur, OWNER may, after giving
<br />CONTRACTOR (and the surety, if any) seven days
<br />written notice, terminate the services of
<br />CONTRACTOR, exclude CONTRACTOR from the
<br />Site, and take possession of the Work and of all
<br />CONTRACTOR's tools, appliances, construction
<br />equipment, and machinery at the Site, and use the
<br />same to the full extent they could be used by
<br />CONTRACTOR (without liability to CONTRACTOR for
<br />trespass or conversion), incorporate in the Work all
<br />materials and equipment stored at the Site or for which
<br />OWNER has paid CONTRACTOR but which are
<br />stored elsewhere, and finish the Work as OWNER may
<br />deem expedient. In such case, CONTRACTOR shall
<br />not be entitled to receive any further payment until the
<br />Work is finished. If the unpaid balance of the Contract
<br />Price exceeds all claims, costs, losses, and damages
<br />(including but not limited to all fees and charges of
<br />engineers, architects, attorneys, and other
<br />professionals and all court or arbitration or other
<br />dispute resolution costs) sustained by OWNER arising
<br />out of or relating to completing the Work, such excess
<br />will be paid to CONTRACTOR. If such claims, costs,
<br />losses, and damages exceed such unpaid balance,
<br />CONTRACTOR shall pay the difference to OWNER.
<br />Such claims, costs, losses, and damages incurred by
<br />OWNER will be reviewed by ENGINEER as to their
<br />reasonableness and, when so approved by
<br />ENGINEER, incorporated in a Change Order. When
<br />exercising any rights or remedies under this paragraph
<br />OWNER shall not be required to obtain the lowest price
<br />for the Work performed.
<br />C. Where CONTRACTOR's services have been
<br />so terminated by OWNER, the termination will not
<br />affect any rights or remedies of OWNER against
<br />CONTRACTOR then existing or which may thereafter
<br />accrue. Any retention or payment of moneys due
<br />CONTRACTOR by OWNER will not release CON-
<br />TRACTOR from liability.
<br />15.03 OWNER May Terminate For Convenience
<br />A. Upon seven days written notice to CON-
<br />TRACTOR and ENGINEER, OWNER may, without
<br />cause and without prejudice to any other right or
<br />remedy of OWNER, elect to terminate the Contract. In
<br />such case, CONTRACTOR shall be paid (without
<br />duplication of any items):
<br />1. for completed and acceptable Work
<br />executed in accordance with the Contract Docu-
<br />ments prior to the effective date of termination,
<br />including fair and reasonable sums for overhead
<br />and profit on such Work;
<br />2. for expenses sustained prior to the
<br />effective date of termination in performing
<br />services and furnishing labor, materials, or
<br />equipment as required by the Contract
<br />Documents in connection with uncompleted
<br />Work, plus fair and reasonable sums for
<br />overhead and profit on such expenses;
<br />3. for all claims, costs, losses, and
<br />damages (including but not limited to all fees
<br />and charges of engineers, architects, attorneys,
<br />and other professionals and all court or
<br />arbitration or other dispute resolution costs) in-
<br />curred in settlement of terminated contracts with
<br />Subcontractors, Suppliers, and others; and
<br />4. for reasonable expenses directly
<br />attributable to termination.
<br />B. CONTRACTOR shall not be paid on account
<br />of loss of anticipated profits or revenue or other eco -
<br />General Conditions - 00700 - 36
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