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2 . 4 Final Cleanup . Before the work is considered complete, al l rubbish and unused material due to , or connected with, the work must be removed and the premises left in a condition satisfactory to the OWNER. A 11 property, public or private , disturbed or damaged, during the execution of the work shall be restored to its former condition . Final payment will be withheld until such work is accomplished . 3 .0 SAFETY AND PROTECTION 3 . 1 Safety. The CONTRACTOR shall furnish and install al l necessary equipment and facilities for the protection of the workers and the safety of the public and shall carry on this work in a manner best calculated to avoid injury to the public or to the workers . 3 . 2 Protection of Adjacent Property and Utilities : The CONTRACTOR shall conduct his work in such a manner as to avoid damage to adjacent private or public property and shall immediately repair or pay for any damage incurred through his operations . The CONTRACTOR shall take cognizance of al I existing utilities and he shall operate with due care in the vicinity of such utilities and shall immediately repair or have repaired at no additional costs to the OWNER any breakage or damage caused by his operation . Should the OWNER be required to make such repairs , the cost of such repairs shall be deducted from the contract price . 4. 0 TERMINATION/DEFAULT 4 . 1 If the CONTRACTOR shall be adjudged as bankrupt, or if he should make a general assignment for the benefit of his creditor(s) , or if a receiver shall be appointed for the CONTRACTOR, or if he should persistently or repeatedly refuse or fail to supply enough properly skilled workmen or proper materials , or if he should refuse or fail to make payment to persons supplying labor or materials for the work under the contract, or persistently disregards instructions of the OWNER, or fails to observe or perform, or be guilty of a substantial violation of any provision of the contract documents , then the OWNER, after serving at least ten (10) days prior written notice to the CONTRACTOR of its intent to terminate , and such default shall continue unremedied for a period of ten (10) days , may terminate the contract without prejudice to any other rights or remedies and take possession of the work; and the OWNER may take possession of, and utilize in completing the work, such materials , appliances and equipment as may be on the site of the work and necessary therefore . The CONTRACTOR shall be liable to the OWNER for any damages resulting from such . default . 5 . 0 DELAY 5 . 1 Notwithstanding the contract schedule, the County shall have the right to delay performance for up to three (3 ) months as necessary or desirable, and such delay shall not be deemed a breach of contract, but the contract schedule shall be extended for a period equivalent to the time lost by reason of the County' s delay. 5 . 2 If the work is stopped or delayed for more than three (3 ) months , either in whole or in substantial part, either the County or CONTRACTOR may elect to terminate the contract because of such delay. If such stoppage or delay is due to actions taken by the County within its control, CONTRACTOR' S sole remedy under the contract shall be reimbursement for costs reasonably FAPublic Works\Capital Projects\CR 512 & Oslo- Milling, Resurfacing and Shoulder Paving\Bid Document5 . 18 .04. doc Page 14 of 58