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• <br />40 <br />®; <br />7 15.2.8 If CONTRACTOR disregards the authority of ENGINEER; or <br />15.2.9 If CONTRACTOR otherwise violates in any substantial way any provisions <br />of the Contract Documents. <br />OWNER may, after giving CONTRACTOR (and the surety, if there be one) seven (7) days <br />written notice and to the extent permitted by Laws and Regulations, terminate the services of <br />CONTRACTOR, exclude CONTRACTOR from the site and take possession ofthe Work and <br />of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site <br />and use the same to the full extent they could be used by CONTRACTOR (without liability <br />to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and <br />r equipment stored at the site or for which OWNER has paid CONTRACTOR but which are <br />stored elsewhere, and finish the Work as OWNER may deem expedient. In such case <br />E CONTRACTOR shall not be entitled to receive any further payment until the Work is <br />finished. If the unpaid balance of the Contract Price exceeds the direct, indirect and <br />consequential costs of completing the Work (including but not limited to fees and charges of <br />engineers, architects, attorneys and other professionals and court and arbitration costs) such <br />excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, <br />CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will <br />be approved as to reasonableness by ENGINEER and incorporated in a Change Order, but <br />when exercising any rights or remedies under this paragraph OWNER shall not be required <br />to obtain the lowest price for the Work performed. <br />i <br />15.3 Where CONTRACTOR's services have been so terminated by OWNER, the termination will <br />not affect any rights or remedies of OWNER against CONTRACTOR then existing or which <br />may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by <br />OWNER will not release CONTRACTOR from liability. <br />i <br />15.4 Upon seven (7) days written notice to CONTRACTOR and ENGINEER, OWNER may, <br />without cause and without prejudice to any other right or remedy, elect to abandon the Work <br />i and terminate the Agreement. In such case, CONTRACTOR shall be paid for all Work <br />executed and any expense sustained plus reasonable termination expenses, which will include, <br />but not be limited to, direct, indirect and consequential costs (including, but not limited to, <br />fees and charges of engineers, architects, attorneys and other professionals and court and <br />i, arbitration costs). <br />' Contractor May Stop Work or Terminate: <br />e. <br />15.5 If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more <br />than ninety (90) days by OWNER or under an order of court or other public authority, or <br />ENGINEER fails to act on any Application for Payment within thirty (30) days after it is <br />submitted, or OWNER fails for thirty (30) days to pay CONTRACTOR any sum finally <br />determined to be due, then CONTRACTOR may, upon seven (7) days written notice to <br />6" OWNER and ENGINEER, terminate the Agreement and recover from OWNER payment for <br />all Work executed and any expense sustained plus reasonable termination expenses. In <br />addition and in lieu of terminating the Agreement, if ENGINEER has failed to act on an <br />Application for Payment or OWNER has failed to make any payment as aforesaid, <br />i <br />l.. <br />GENERAL CONDITIONS <br />i GC42 <br />