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CONTRACTOR, indicating in writing the
<br />reasons for refusing to recommend final
<br />payment, in which case CONTRACTOR shall
<br />make the necessary corrections and resubmit
<br />the Application for Payment.
<br />C. Payment Becomes Due
<br />14.08 Final Completion Delayed
<br />A. If, through no fault of CONTRACTOR, final
<br />completion of the Work is significantly delayed, and if
<br />ENGINEER so confirms, OWNER shall, upon receipt
<br />of CONTRACTOR's final Application for Payment and
<br />recommendation of ENGINEER, and without terminat-
<br />ing the Agreement, make payment of the balance due
<br />for that portion of the Work fully completed and
<br />accepted. If the remaining balance to be held by
<br />OWNER for Work not fully completed or corrected is
<br />less than the retainage stipulated in the Agreement,
<br />and if Bonds have been furnished as required in
<br />paragraph 5.01, the written consent of the surety to
<br />the payment of the balance due for that portion of the
<br />Work fully completed and accepted shall be submitted
<br />by CONTRACTOR to ENGINEER with the Application
<br />for such payment. Such payment shall be made
<br />under the terms and conditions governing final
<br />payment, except that it shall not constitute a waiver of
<br />Claims.
<br />14.09 Waiver of Claims
<br />A. The making and acceptance of final payment
<br />will constitute:
<br />1. a waiver of all Claims by OWNER
<br />against CONTRACTOR, except Claims arising
<br />from unsettled Liens, from defective Work
<br />appearing after final inspection pursuant to
<br />paragraph 14.06, from failure to comply with the
<br />Contract Documents or the terms of any special
<br />guarantees specified therein, or from
<br />CONTRACTOR's continuing obligations under
<br />the Contract Documents; and
<br />2, a waiver of all Claims by CONTRAC-
<br />TOR against OWNER other than those
<br />previously made in writing which are still
<br />unsettled.
<br />ARTICLE 15 - SUSPENSION OF WORK AND
<br />TERMINATION
<br />15.01 OWNER May Suspend Work
<br />A. At • without cause, OWNER
<br />.. �, •. �.
<br />..
<br />15.02 OWNER May Terminate for Cause
<br />A. The occurrence of any one or more of the
<br />following events will justify termination for cause:
<br />1. CONTRACTOR's persistent failure
<br />to perform the Work in accordance with the
<br />Contract Documents (including, but not limited
<br />to, failure to supply sufficient skilled workers or
<br />suitable materials or equipment or failure to
<br />adhere to the progress schedule established
<br />under paragraph 2.07 as adjusted from time to
<br />time pursuant to paragraph 6.04);
<br />2. CONTRACTOR's disregard of Laws
<br />or Regulations of any public body having
<br />jurisdiction;
<br />3. CONTRACTOR's disregard of the
<br />authority of ENGINEER; or
<br />4. CONTRACTOR's violation in any
<br />substantial way of any provisions of the
<br />Contract Documents,
<br />B. If one or more of the events identified in
<br />paragraph 15.02.A occur, OWNER may, after giving
<br />CONTRACTOR (and the surety, if any) seven days
<br />written notice, terminate the services of
<br />CONTRACTOR, exclude CONTRACTOR from the
<br />Site, and take possession of the Work and of all
<br />CONTRACTOR's tools, appliances, construction
<br />equipment, and machinery at the Site, and use the
<br />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
<br />which OWNER has paid CONTRACTOR but which
<br />are stored elsewhere, and finish the Work as OWNER
<br />may deem expedient. In such case, CONTRACTOR
<br />00700 - General Conditions REV 04-07.doc
<br />00700-42
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<br />14.08 Final Completion Delayed
<br />A. If, through no fault of CONTRACTOR, final
<br />completion of the Work is significantly delayed, and if
<br />ENGINEER so confirms, OWNER shall, upon receipt
<br />of CONTRACTOR's final Application for Payment and
<br />recommendation of ENGINEER, and without terminat-
<br />ing the Agreement, make payment of the balance due
<br />for that portion of the Work fully completed and
<br />accepted. If the remaining balance to be held by
<br />OWNER for Work not fully completed or corrected is
<br />less than the retainage stipulated in the Agreement,
<br />and if Bonds have been furnished as required in
<br />paragraph 5.01, the written consent of the surety to
<br />the payment of the balance due for that portion of the
<br />Work fully completed and accepted shall be submitted
<br />by CONTRACTOR to ENGINEER with the Application
<br />for such payment. Such payment shall be made
<br />under the terms and conditions governing final
<br />payment, except that it shall not constitute a waiver of
<br />Claims.
<br />14.09 Waiver of Claims
<br />A. The making and acceptance of final payment
<br />will constitute:
<br />1. a waiver of all Claims by OWNER
<br />against CONTRACTOR, except Claims arising
<br />from unsettled Liens, from defective Work
<br />appearing after final inspection pursuant to
<br />paragraph 14.06, from failure to comply with the
<br />Contract Documents or the terms of any special
<br />guarantees specified therein, or from
<br />CONTRACTOR's continuing obligations under
<br />the Contract Documents; and
<br />2, a waiver of all Claims by CONTRAC-
<br />TOR against OWNER other than those
<br />previously made in writing which are still
<br />unsettled.
<br />ARTICLE 15 - SUSPENSION OF WORK AND
<br />TERMINATION
<br />15.01 OWNER May Suspend Work
<br />A. At • without cause, OWNER
<br />.. �, •. �.
<br />..
<br />15.02 OWNER May Terminate for Cause
<br />A. The occurrence of any one or more of the
<br />following events will justify termination for cause:
<br />1. CONTRACTOR's persistent failure
<br />to perform the Work in accordance with the
<br />Contract Documents (including, but not limited
<br />to, failure to supply sufficient skilled workers or
<br />suitable materials or equipment or failure to
<br />adhere to the progress schedule established
<br />under paragraph 2.07 as adjusted from time to
<br />time pursuant to paragraph 6.04);
<br />2. CONTRACTOR's disregard of Laws
<br />or Regulations of any public body having
<br />jurisdiction;
<br />3. CONTRACTOR's disregard of the
<br />authority of ENGINEER; or
<br />4. CONTRACTOR's violation in any
<br />substantial way of any provisions of the
<br />Contract Documents,
<br />B. If one or more of the events identified in
<br />paragraph 15.02.A occur, OWNER may, after giving
<br />CONTRACTOR (and the surety, if any) seven days
<br />written notice, terminate the services of
<br />CONTRACTOR, exclude CONTRACTOR from the
<br />Site, and take possession of the Work and of all
<br />CONTRACTOR's tools, appliances, construction
<br />equipment, and machinery at the Site, and use the
<br />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
<br />which OWNER has paid CONTRACTOR but which
<br />are stored elsewhere, and finish the Work as OWNER
<br />may deem expedient. In such case, CONTRACTOR
<br />00700 - General Conditions REV 04-07.doc
<br />00700-42
<br />F:\Engineering\Capital Projects\0541 20th Ave Widening, 25th St SW to 21st St SW\Contract Documents\00700 -General Conditions REV 0407 doc
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