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i • 40 l' 15.2.5 if CONTRACTOR admits in writing an inability to pay its debts generally as they become due; f 15.2.6 if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficiently I skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as revised from time to time); t 15,2.7 if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; a 15.2.8 if CONTRACTOR disregards the authority of ENGINEER; or t 15.2.9 if CONTRACTOR otherwise violates in any substantial way Any provisions of the Contract Documents. t 1 OWNER may, after giving CONTRACTOR (and the surety, if there be one) seven (7) days written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all i CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR i for trespass or conversion), incorporate in the Work all materials and equipment stored at the site 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 l further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct, indirect and consequential costs of completing the Work (including but not limited to fees t and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, t CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to reasonableness by ENGINEER and incorporated in a Change Order, but when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3 Where CONTRACTOR's services have been so terminated by OWNER, the tenninmion will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may t thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER r.611 not release CONTRACTOR from liability. i t 15.4 Upon seven (7) days written notice to CONTRACTOR and ENGINEER, OWNER may. without cause and without prejudice to any other right or remedy, elect to abandon the Work and terminate t the Agreement. In such case, CONTRACTOR shall be paid for all Work executed and any expense sttstained plus reasonable termination expenses. whish No)) ,�1x lug+ . hio -iw hi l,tnitt-d to, L 't:ct, indirect and consequential costs (including, but not limited to, Fee,; and charges of engineers, architects, attorneys and other professionals and court and arbitration costs). t �- Contractor May Stop Work or Terminate: 15.5 If, through no .act or fault of CONTRACTOR, the Work is suspended for a period of more tht!n ninety (90) days by OWNER or um'^r all otdcr of court or other public authority, or l Nt;INEE:R fails to act on any Application for Payment within Ihisty (i()) days alle, .i is suhmitted. r-OWNt R l tails for thirty (30) days to pay CONTRACTOR any sum finally determined to he due, then l„ CON'TRAC'TOR may, upon seven (7) days writte- -ouce to OWNL'R and li NGit: -F.R, terminate the Agreement and recover from OWNER payment for all Work executed and any extrensc sustained p plus reasonable termination expenses. in addition and in lieu of teraxinating the Agreement, it' (iENFERAI. CONDITIONS ri c 35 tl 6