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.
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