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CONTRACTOR (without liability to CONTRACTOR for 3 . for all claims , costs , losses , and
<br /> trespass or conversion ) , incorporate in the Work all damages (including but not limited to all
<br /> fees
<br /> materials and equipment stored at the Site or for and charges of engineers , architects , attorneys ,
<br /> which OWNER has paid CONTRACTOR but which and other professionals and all court or
<br /> are stored elsewhere, and finish the Work as OWNER arbitration or other dispute resolution costs ) in-
<br /> may deem expedient. In such case , CONTRACTOR curred in settlement of terminated contracts
<br /> shall not be entitled to receive any further payment with Subcontractors , Suppliers , and others ; and
<br /> until the Work is finished . If the unpaid balance of the
<br /> Contract Price exceeds all claims , costs , losses , and 4 , for reasonable expenses directly
<br /> damages (including but not limited to all fees and attributable to termination .
<br /> charges of engineers , architects , attorneys , and other
<br /> professionals and all court or arbitration or other B . CONTRACTOR shall not be paid on account
<br /> dispute resolution costs ) sustained by OWNER arising of loss of anticipated profits or revenue or other eco-
<br /> out of or relating to completing the Work, such excess nomic loss arising out of or resulting from such
<br /> will be paid to CONTRACTOR. If such claims , costs , termination .
<br /> losses , and damages exceed such unpaid balance ,
<br /> CONTRACTOR shall pay the difference to OWNER. 15 . 04 CONTRACTOR May Stop Work or
<br /> Such claims , costs , losses , and damages incurred by Terminate
<br /> OWNER will be reviewed by ENGINEER as to their
<br /> reasonableness and , when so approved by A. If, through no act or fault of CONTRACTOR,
<br /> ENGINEER, incorporated in a Change Order. When the Work is suspended for more than 90 consecutive
<br /> exercising any rights or remedies under this days by OWNER or under an order of court or other
<br /> paragraph OWNER shall not be required to obtain the public authority, or ENGINEER fails to act on any
<br /> ' lowest price for the Work performed . Application for Payment within 30 days after it is
<br /> submitted , or OWNER fails for 30 days to pay CON-
<br /> C . Where CONTRACTOR's services have been TRACTOR any sum finally determined to be due, then
<br /> so terminated by OWNER, the termination will not CONTRACTOR may, upon seven days written notice
<br /> affect any rights or remedies of OWNER against to OWNER and ENGINEER, and provided OWNER
<br /> CONTRACTOR then existing or which may thereafter or ENGINEER do not remedy such suspension or
<br /> accrue . Any retention or payment of moneys due failure within that time , terminate the Contract
<br /> and
<br /> CONTRACTOR by OWNER will not release CON - recover from OWNER payment on the same terms as
<br /> TRACTOR from liability. provided in paragraph 15 . 03 . In lieu of terminating the
<br /> Contract and without prejudice to any other right or
<br /> 15 .03 OWNER May Terminate For Convenience remedy, if ENGINEER has failed to act on an
<br /> ' Application for Payment within 30 days after it is
<br /> A. Upon seven days written notice to CON - submitted , or OWNER has failed for 30 days to pay
<br /> TRACTOR and ENGINEER, OWNER may, without CONTRACTOR any sum finally determined to be due ,
<br /> cause and without prejudice to any other right or CONTRACTOR may, seven days after written notice
<br /> remedy of OWNER, elect to terminate the Contract. to OWNER and ENGINEER, stop the Work until
<br /> In such case, CONTRACTOR shall be paid (without payment is made of all such amounts due
<br /> duplication of any items) : CONTRACTOR, including interest thereon . The
<br /> ' provisions of this paragraph 15 .04 are not intended to
<br /> 1 . for completed and acceptable Work preclude CONTRACTOR from making a Claim under
<br /> executed in accordance with the Contract paragraph 10 .05 for an adjustment in Contract Price
<br /> Documents prior to the effective date of or Contract Times or otherwise for expenses or
<br /> termination , including fair and reasonable sums damage directly attributable to CONTRACTOR's
<br /> for overhead and profit on such Work; stopping the Work as permitted by this paragraph .
<br /> 2 . for expenses sustained prior to the
<br /> effective date of termination in performing
<br /> services and furnishing labor, materials , or
<br /> equipment as required by the Contract
<br /> Documents in connection with uncompleted
<br /> Work, plus fair and reasonable sums for
<br /> overhead and profit on such expenses ;
<br /> 00700-45
<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
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