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40 <br />40 <br />notice to the Owner and Architect, terminate the Contract and recover from tire [}wvner payment far Werk mmWrly execvtcd <br />and for paLYment of rusts directly rolated to Work themaftor oerformod b� Contractor in terminating Contractincludine <br />reasonablemabiifration and cam neclia i n cha%gs, proven loss with respect to materials, equipment, tools, and construction <br />equipment and machinery, including reasonable overhead and profit _fit thereon, prefiHind dnutages- <br />14.1.4 If all of the Work is slopped for a period of 611 consecutive days through no !Det ar fault of the Contractor or a <br />Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the <br />Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documcnts with <br />respect to matters important to the progress of the Work, the Contractor may, upon seven additional days' written notice to the <br />Owner and the Architect. terminate the Contract andrecover from the Owner as provided in Subparagraph 14.1.3, <br />14.2 TERMINATION BY THE OWNER FOR CAUSE <br />14.2.1 The Owner may terminate the Contract if the Contractor: <br />.1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; <br />.2 fails to make lxaymcnt to Subcontractors for materials or labor in accordance with the respective agreements <br />betwvcon the Contractor and the Subcontractors; <br />.3 persistently disregards laws, ordinances, or rules, regulations or orders of:t public authority having jurisdickion; or <br />.4 otherwise is guilty of suhstantial breach of a provision of the Contract Documents, <br />14.2.2 When any of the above reasons exist. tate Owner, upon certification by the Architect that sufficient cause exists to <br />justify such action, may without prejudice: to any other rights or remedies of the Owner and after giving the Contractor and the <br />Contractor's surety, if any, seven days' written notice, terminate employment of the Contractor and may, subject to any prior <br />rights of the surety: <br />.1 take possession of the site and of all materials, Nuipment, tools, and constnlction equipment and machinery <br />thereon owned by the Contractor, <br />,2 accept assignment of subeontracls pursuant to Paragraph 5.4; and <br />.3 finish the Work by whatever reasonable method the Owner may decor expedient. f3pon request of tltc Cantr:lclor, <br />the O wncr shall furnish to the Contractor aa-rfetailedan accounting of file costs incurred by the Ovncr in finishing <br />the Work. <br />14.2.3 When the Owner terminates the Contract for one of kilo reasons stated in Subparagraph 14.2. 1. lho Contractor shail <br />not be entitled to receive further payment until the Work is finished. <br />14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the <br />Architect's scivices and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived. <br />such excess shall be fid to the Contractor. if such casts and damages exceed the unpaid balance, the Contractor shall pay the <br />difference to tlrc Owner. The amount to be paid to the Contractor or Owvncr, as the case may be. shall be ccrtifrcd by the <br />Architect, upon application, and this obligation for payment shall survive termination of the Contract. <br />14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE <br />14,3,1 no Owner tray, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in <br />part for such period of time as the Owner may determine, <br />14.3.2 The Contract Sum and Contract Time shall be adjusted for any increases in the cost and time cuusod by suspension, <br />delay or interruption as described in 5ubporagraph 14.3.1, n . and ,slmgnt Adjustment of the Contract Sum shall include. profit. <br />AIA fxlctlrierrtA2o1-rn;Nt:RAr.CON()rtlr1NyUh'11ll: COKF-RAC"r FOR CYriwtrrKla,'rtei:N-arnI-:nr ION - AIA -COPYRRarira!rr7-'rIIF, Asn>.ntc.,k1N <br />ImnTrUM 01: Attcttrn c ts, 1733 NY.W YORK AWNLU4 N.W. WNSIUMSIOt$ ta.C. xIXX) -52w7. WARNING ttnlioamd pna ou pyinlw vi"ea V.S. <br />mpyri& Jaws and will wbjw the violator to ILTAI pnwradinn- 'ahia dowlnr d wax ,.tnlnniL411y P-111-11 wi01 Pw jLO A'the e%IA and ml he tk+iis+twtiyl' w9hvul <br />%ial/tim lmril the caro okapirmlion sa n4,A helm+' <br />Flectnlnic fitrn►af A20t-1997 <br />User Document: VP:RO -- 711112iHYl1. AIA License Number 10461111, which expires on 1IG12tx1I -- Page tool I <br />