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1999-338A
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1999-338A
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Last modified
2/6/2024 1:27:00 PM
Creation date
2/6/2024 1:13:02 PM
Metadata
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Official Documents
Official Document Type
Addendum
Approved Date
12/21/1999
Control Number
1999-338A
Entity Name
Summit Construction Managerment Inc.
Subject
Addendum 1 Round Island Park
Project Number
9622
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40 <br />in the Agreement, and if Bonds have been finmished as required in paragraph 5.1, the written consent <br />of the surety to the payment of the balance due for that portion of the Work frilly competed and <br />accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such <br />payment. Such payment shall be made under the terms and conditions governing final payment, except <br />that it shall not constitute a waiver of claims. <br />Contractor's Continuing Obligation: <br />14.15 CONTRACTOR's obligation to perform and complete the Work in accordance with die Contract <br />Documents shall be absolute. Neither recommendation of any progress or final payment by <br />ENGINEER, nor the issuance of a certificate of Substantial Completion, nor any payment by <br />OWNER to CONTRACTOR under the Contract Documents, nor any use or occupancy of the Work <br />or any part thereof by OWNER, nor any act of acceptance by OWNER. nor any failure to do so, nor <br />any review and approval of a Shop Drawing or sample submission, nor the issuance of a notice of <br />accept <br />ability by ENGINEER. pursuant to paragraph 14.13, nor any correction of defechve Work by <br />OWNER will constitute an acceptance of Work not in accordance with the Contract Documents or a <br />release of CONTRACTOR's obligation to perform the Work in accordance with the Contract <br />Documents (except as provided in paragraph 14.16). <br />Waiver of Claims: <br />14.16 The making and acceptance: of final payment will constitute: <br />14.16.1 a waiver of all claims by OWNER against CONTRACTOR, except claims arising <br />from unsettled Liens, from dcfecnve Work appearing after final inspection pursuant <br />to paragraph 14.1 1 or from failure to comply with the Contract Documents or the <br />terms of any special guarantees specified therein, however, it will not constitute a <br />waiver by OWNER of any rights in respect of CONTRACTOR's continuing <br />Obligations tinder the Contract Documents, and <br />14.16.2 a waiver of all claims by CONTRACTOR against OWNER other than those <br />previously made in writing and still unsettled. <br />"rlRTICI,V15 411SPENSiON OF WQRK AND TEIR dj1 A ION. <br />OWNE11 May Suspend Work: <br />15.1 OWNER may, at any time and without cause, suspend the Work or any portion thereof for a period <br />of not more than ninety (90) clays by notice in writing to CONTRACTOR and ENG 1NEER which will <br />fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so <br />fixed. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the <br />Contract Time, or both, &reedy attributable to any suspension if CONTRACTOR makes an approved <br />claim therefor as provided in Articles 11 and 12. <br />OWNER May Terminate: <br />15.2 Upon the occurrence of any one or more of the followaig events: <br />15.2,1 if CONTRACTOR commences a voluntary case tinder any chapter of the Banknnptcy <br />Code (Title 11, United States Code), as now or hereafter in effect, or if <br />CONTRACTOR takes any equivalent or similar action by filing a petition or <br />otherwise under any other federal or state law in, effect at such time relating to the t.. <br />bankruptcy or insolvency, <br />GENERAL CONDITIONS L, <br />GC - 34 <br />
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