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' return the Application for Payment to previously made in writing which are <br /> still <br /> CONTRACTOR, indicating in writing the unsettled . <br /> ' reasons for refusing to recommend final <br /> payment, in which case CONTRACTOR shall <br /> make the necessary corrections and resubmit ARTICLE 15 - SUSPENSION OF WORK AND <br /> ' the Application for Payment. TERMINATION <br /> C . Payment Becomes Due <br /> ' 1 . Thirty days after the presentation to 15 . 01 OWNER May Suspend Work <br /> OWNER of the Application for Payment and A. At any time and without cause , OWNER may <br /> accompanying documentation , the amount suspend the Work or any portion thereof for a period <br /> recommended by ENGINEER will become due of not more than 90 consecutive days by notice in <br /> and , when due , will be paid by OWNER to writing to CONTRACTOR and ENGINEER which will <br /> CONTRACTOR , fix the date on which Work will be resumed . CON- <br /> TRACTOR shall resume the Work on the date so <br /> 14 . 08 Final Completion Delayed fixed . CONTRACTOR shall be allowed an adjustment <br /> in the Contract Price or an extension of the Contract <br /> A. If, through no fault of CONTRACTOR, final Times , or both , directly attributable to any such <br /> ' completion of the Work is significantly delayed , and if suspension if CONTRACTOR makes a Claim therefor <br /> ENGINEER so confirms , OWNER shall , upon receipt as provided in paragraph 10 .05 . <br /> of CONTRACTOR's final Application for Payment and <br /> recommendation of ENGINEER, and without terminat- 15 . 02 OWNER May Terminate for Cause <br /> ing the Agreement, make payment of the balance due <br /> for that portion of the Work fully completed and A. The occurrence of any one or more <br /> of the <br /> accepted . If the remaining balance to be held by following events will justify termination for cause : <br /> OWNER for Work not fully completed or corrected is <br /> ' less than the retainage stipulated in the Agreement, 1 . CONTRACTOR's persistent failure <br /> and if Bonds have been furnished as required in to perform the Work in accordance <br />with the <br /> paragraph 5 .01 , the written consent of the surety to Contract Documents (including , but not limited <br /> ' the payment of the balance due for that portion of the to , failure to supply sufficient skilled workers or <br /> Work fully completed and accepted shall be submitted suitable materials or equipment or failure to <br /> by CONTRACTOR to ENGINEER with the Application adhere to the progress schedule established <br /> for such payment. Such payment shall be made under paragraph 2 .07 as adjusted from time to <br /> ' under the terms and conditions governing final time pursuant to paragraph 6 . 04); <br /> payment, except that it shall not constitute a waiver of <br /> Claims . 2 . CONTRACTOR's disregard of Laws <br /> ' or Regulations of any public body having <br /> 14 . 09 Waiver of Claims jurisdiction ; <br /> A. The making and acceptance of final payment 3 . CONTRACTOR's disregard of the <br /> ' will constitute : authority of ENGINEER; or <br /> 1 . a waiver of all Claims by OWNER 4 . CONTRACTOR's violation in any <br /> against CONTRACTOR, except Claims arising substantial way of any provisions of the <br /> from unsettled Liens , from defective Work Contract Documents , <br /> appearing after final inspection pursuant to <br /> paragraph 14 .06 , from failure to comply with the B . If one or more of the events identified <br /> in <br /> ' Contract Documents or the terms of any special paragraph 15 . 02 .A occur, OWNER may, after giving <br /> guarantees specified therein , or from CONTRACTOR (and the surety, if any) seven days <br /> CONTRACTOR's continuing obligations under written notice, terminate the services of <br /> the Contract Documents ; and CONTRACTOR, exclude CONTRACTOR from the <br /> ' Site, and take possession of the Work and of all <br /> 2 . a waiver of all Claims by CONTRAC- CONTRACTOR's tools , appliances , construction <br /> TOR against OWNER other than those equipment, and machinery at the Site, and use the <br /> same to the full extent they could be used by <br /> 00700-44 <br /> 0386- 00700 - General Conditions <br /> F :\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General <br /> Conditions .doc <br />