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same to the full extent they could be used by
<br />CONTRACTOR (without liability to CONTRACTOR for
<br />trespass or conversion), incorporate in the Work all
<br />materials and equipment stored at the Site or for which
<br />OWNER has paid CONTRACTOR but which are
<br />stored elsewhere, and finish the Work as OWNER may
<br />deem expedient. In such case, CONTRACTOR shall
<br />not be entitled to receive any further payment until the
<br />Work is finished. If the unpaid balance of the Contract
<br />Price exceeds all claims, costs, losses, and damages
<br />(including but not limited to all fees and charges of
<br />engineers, architects, attorneys, and other
<br />professionals and all court or arbitration or other
<br />dispute resolution costs) sustained by OWNER arising
<br />out of or relating to completing the Work, such excess
<br />will be paid to CONTRACTOR. If such claims, costs,
<br />losses, and damages exceed such unpaid balance,
<br />CONTRACTOR shall pay the difference to OWNER.
<br />Such claims, costs, losses, and damages incurred by
<br />OWNER will be reviewed by ENGINEER as to their
<br />reasonableness and, when so approved by
<br />ENGINEER, incorporated in a Change Order. When
<br />exercising any rights or remedies under this paragraph
<br />OWNER shall not be required to obtain the lowest price
<br />for the Work performed.
<br />C. Where CONTRACTOR's services have been
<br />so terminated by OWNER, the termination will not
<br />affect any rights or remedies of OWNER against
<br />CONTRACTOR then existing or which may thereafter
<br />accrue. Any retention or payment of moneys due
<br />CONTRACTOR by OWNER will not release CON-
<br />TRACTOR from liability.
<br />15.03 OWNER May Terminate For Convenience
<br />A. Upon seven days written notice to CON-
<br />TRACTOR and ENGINEER, OWNER may, without
<br />cause and without prejudice to any other right or
<br />remedy of OWNER, elect to terminate the Contract. In
<br />such case, CONTRACTOR shall be paid (without
<br />duplication of any items):
<br />1. for completed and acceptable Work
<br />executed in accordance with the Contract Docu-
<br />ments prior to the effective date of termination,
<br />including fair and reasonable sums for overhead
<br />and profit on such Work;
<br />2. for expenses sustained prior to the
<br />effective date of termination in performing
<br />services and furnishing labor, materials, or
<br />equipment as required by the Contract
<br />Documents in connection with uncompleted
<br />Work, plus fair and reasonable sums for
<br />overhead and profit on such expenses;
<br />3. for all claims, costs, losses, and
<br />damages (including but not limited to all fees
<br />and charges of engineers, architects, attorneys,
<br />and other professionals and all court or
<br />arbitration or other dispute resolution costs) in-
<br />curred in settlement of terminated contracts with
<br />Subcontractors, Suppliers, and others; and
<br />4. for reasonable expenses directly
<br />attributable to termination.
<br />B. CONTRACTOR shall not be paid on account
<br />of loss of anticipated profits or revenue or other eco-
<br />nomic loss arising out of or resulting from such termina-
<br />tion.
<br />15.04 CONTRACTOR May Stop Work or
<br />Terminate
<br />A. If, through no act or fault of CONTRACTOR,
<br />the Work is suspended for more than 90 consecutive
<br />days by OWNER or under an order of court or other
<br />public authority, or ENGINEER fails to act on any
<br />Application for Payment within 30 days after it is
<br />submitted,
<br />TRAGTOR any sum finally detemAined to be du , then
<br />CONTRACTOR may, upon seven days written notice
<br />to OWNER and ENGINEER, and provided OWNER or
<br />ENGINEER do not remedy such suspension or failure
<br />within that time, terminate the Contract and recover
<br />from OWNER payment on the same terms as provided
<br />in paragraph 15.03. In lieu of terminating the Contract
<br />and without prejudice to any other right or remedy, if
<br />ENGINEER has failed to act on an Application for
<br />Payment within 30 days after it is submitted, of
<br />CONTRACTOR
<br />may, seven days after written notice to OWNER and
<br />ENGINEER, stop the Work until payment is made of all
<br />such amounts due CONTRACTOR, including interest
<br />thereon. The provisions of this paragraph 15.04 are
<br />not intended to preclude CONTRACTOR from making
<br />a Claim under paragraph 10.05 for an adjustment in
<br />Contract Price or Contract Times or otherwise for
<br />expenses or damage directly attributable to
<br />CONTRACTOR's stopping the Work as permitted by
<br />this paragraph.
<br />ARTICLE 16 - DISPUTE RESOLUTION
<br />16.01 Methods and Procedures
<br />A. Dispute resolution methods and procedures, if
<br />any, shall be as set forth in the Supplementary
<br />Conditions. If no method and procedure has been set
<br />forth, and subject to the provisions of paragraphs 9.09
<br />and 10.05, OWNER and CONTRACTOR may
<br />exercise such rights or remedies as either may
<br />otherwise have under the Contract Documents or by
<br />Laws or Regulations in respect of any dispute.
<br />General Conditions - 00700 - 36
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