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3 . persistently disregards laws , ordinances , or rules , regulations or orders of a public authority having jurisdiction; or 4 . otherwise is guilty of substantial breach of a provision of the Agreement. 4 . 1 . 2 When any of the above reasons exist. the Owner may, without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days written notice , terminate employment of the Contractor and may, subject to any prior rights of the surety : 1 . take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; 2 . accept assignment of subcontracts 3 . finish the Work by whatever reasonable method the Owner may deem expedient. 4 . 1 . 3 The Contractor will be compensated for any work satisfactorily completed in accordance with this Agreement prior to notification of termination . 4 . 2 Termination by the Contractor 4 . 2 . 1 The Contractor may terminate the Agreement if the Work is stopped for a period of 30 days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or other agents or employees or any other persons performing portions of the Work under agreement with the Contractor, for any of the following reasons : 1 . Issuance of an order of a court or other public authority having jurisdiction; 2 . An act of government such as a declaration of national emergency, making material unavailable ; 3 . Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding such certification, or because the Owner has not made payment on a Certification of Payment within the time stated in the Agreement; 4 . If repeated suspensions, delays or interruptions by the Owner constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365 -day period, whichever is less ; or 5 . the Owner has failed to furnish to the Contractor promptly, upon the Contactor ' s request, reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Agreement . (OWNER) Indian River County, Florida (CONTRACTOR) Bip DiPietro Electric , Inc . Caroline D . Ginn Chairman, Board of County Commissioners �---- Approved by BCC • ;; n « y 20 , 2nn4 U2 - .) Attest: President Jeffrey K . Barton, Clerk of Circuit Court Witnessed by : By : Date : ttorney, G'T,oftins II Approved as to Form and Legal Sufficiency Indan River Co Aflp ved pate i- admin. 1b (, rn Legal AK I mes E Chandler, County A ini ator Budge) j Dept. � � Date : January 26 , 2004 Hisk Mgr.