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i <br />t <br />15.2.1. if CONIRACMR persistcntSy fails to perform <br />the Fork in accordance with the Contract Uueturettts (in- <br />cluding, bui not limited to. faaiure to supply vmTxscat tOc-d <br />vwrkcrs or suitable materials or equhpnterd or failure to <br />adhere to rite ptpgrress Schedule establisW under pcuagraPh <br />2.9 as adjusted from time to time pontoons to parap�aph 6.61: <br />15.2-2r if CONTRACrOP. dhrcpnfs Laws or Rcrttla- <br />tiotts of any public body havingjurisd1ctian-. <br />15.73. if CON'iRACMR disregards the aurlursity of <br />ENGIN EER: or <br />15.2.4. il'CONT'RACMR otherwise violates in any sub- <br />stantW way any provisions of the Cantrat:t DoctuttlC =' <br />OWNER may, after giving CONT'RACfOR farad the surety. <br />if arty.) seven days' %vdtten notice and to the extern prsmit- <br />ted by Laws and Regulations, terttunare the services of <br />CONT RAC7t7R. exclude CONTRACTOR from the site and <br />take possession of the Workand of all CONTRAC'NR's <br />t:,:.ls, «}.�2---i, cquipincm and machinery u <br />the site and use the same to the full extent they could be used <br />by CONTRACTOR (without liability to CONTRACTOR for <br />(rospau or canversion). ineorporaM in the Wod; all matcri- <br />als and equipment stored at the site or for which OWNER <br />has paid C014TRACMR but which are stored elsewhere, <br />ajid fiahli. t.. +`+'odk ks OWNER utay d=ru expedient. in <br />such case CONTRACTOR &lull not be entitled to receive <br />any farther payment until the Work is finished. If the unpaid <br />balance of the Contract Pricy exceeds all claims. Cosa, <br />losses and damages susW trd by OWNER arising out of or <br />;resulting from completing Lite Work Such excess will be paid <br />to CONTRACIC]R. If such claims, costs. lasses and dam- <br />ages exceed such unpaid balance. CONT'R.ACMR shall pay <br />the difference to OWNER.. Such claims, costs. losses and <br />duoagcs incurred by OWNER. will be reviewed by ENGI. <br />NEER m to their rrasonablcneas and when so approved by <br />ENO INEER incorporated in a Change Order. provided that <br />when exercising any rights or remedies under [Itis paragraph <br />OWNER shall not be required to obtain the lowest price for <br />uIc YiV1w P"k $Ii kvj. <br />15.3. Where CONTRACTOR's setviccs have been so ter- <br />minated by OWNER. the tenninackm will not tffcct any rights <br />or remedies of OWNER amkinst CONI RACTi3R then existing <br />or which may thereafter accrue. Any retcntian or payment of <br />moneys due CONTRACMR by OWNER will tux rtkzse <br />CONTRACTOR from liability. <br />15.4. Upon :evert days' wrictcn notice to CONTRA --MR <br />and ENGINEER. OWNER may. without cause and without <br />prejudice to any other .right or rctr►oiy of OWNER. elect to <br />termirwe the Ap-ounent. In such ease CONTRACTOR %lull <br />be paid IwidxKa duplic2tion of any items): <br />15.4.1. for cornpleted and aoDptablc Work cxecuied in <br />ucordxnca: with the Contract Documents prior to the effm- <br />6ve date of tcrminuion. indudi Ekiir and irasronxMc sums <br />for oveshrid and profit on such Work: <br />15.4.2. !or CXP=MS tusrsir Vd prior to the edrmdve date <br />of terminaticm in performing services sad fwi&hing labor, <br />materials or equiptnem u required by the Cortuact Docu- <br />ments in connection with uncom leto VAx k. plus fair and <br />reasonable suras for overload and poWn on sucitt cxpttt z=-. <br />15.4.3. for all daiats. costs. losses uA da m em incurmd <br />in $=Iccstcnt of terminated tWtcac-tt with Sulwont actom <br />Stipplk,is and of err, and <br />15.4.4. for r1mw aable cxpk7ucs directly attrt'bwable <br />rean*=ian.. <br />CONTRACTAR " not be paid on account of less of <br />anucipued profess or r*uvetux or other economic loss asaing <br />out of or resuldal firm such tumsnxt"on. <br />C0Aj7,4G11G1R Jdsy Snap Wor* er Terplis= <br />15.5. If. through no sex or fault of CONI R.ACMR,.the <br />Work is suspended for a period of more thast nh-tjr days by <br />OWNER or holder an order of court or other public authosl <br />icy, or ENGINEER fails to act on any Application for <br />Payment vrthin thirty days after it is subntinc d or OWNER <br />fails for thirty days to pay CON'TRACMR any sum frtully <br />daermined to be due., then CONTRAC R. utas. two <br />Seven days' written notice to OWNFAt and ENGINEER. <br />and provided OWNER or ENGINEER do not remody such <br />suspcas3on or failure within that time, terminate the Agrec- <br />ment and recover from OWNER payment on the sacro terms <br />as provided in pragrzph 15.4. In lieu of 14rMinsting the <br />Agreement and without prejudices to any other tight or <br />remedy. if ENGINEER has falSed to art an an Appiicadon <br />for Payment within thirty days after it is submitted. or <br />OWNER oras ford for thirty days to pay CONTRACTOR <br />any sum finally determined to be due. CONTRACTOR may <br />upon seven day's written notice to OWNER and ENGI- <br />NEER stop the Work until payruent of R11 such amount& due <br />CONTRACTOR. including interest thesaom The provision' <br />of this paragraph 15.5 are not intended to preclude CON- <br />... ,... ..:v. <br />tl(Vl �L+l1 n. ilu„a {t,aA111�'t�+„ aI1H1G1 A+uu La tl! ons <br />an incrcue in Contract. Price or Contract. Times or otherwise <br />for experues or damage directly attributable to CONTRAC- <br />TOR'S stopping Work as perudued by this paragraph. <br />ARTICLE 16 --DISPUTE RESOLUTION <br />If and to the extent that OWNER and CY}NTRAL—r7R have <br />agreed on the me rod and ptomdure for rcvAvirtg disputes <br />between them that may arise under this ASL SUC13 <br />dispute resolut.oat method and pnoedum if any. Shall be as act <br />forth in Fxhibit OC -A.'' Dispute Rciolutkm Ago=ro=C' Lobe <br />ott&ched hrnto and made a part hcaoof. If no s.uc h s Kett <br />on the method and procedure for resolvins such dispu th. <br />been reached. and gubjxt W the Mm3inns of Pum9 a0" 911 <br />9. 11, and 9. 12. OWNER anti CONY'R.ACMR ntay esmCtae <br />00700-42 <br />