B. If one or more of the events identified in paragraph B . CONTRACTOR shall not be paid on account of
<br /> loss
<br /> 15. 02.A occur, OWNER may, after giving CONTRACTOR (and of anticipated profits or revenue or other economic loss arising
<br /> the surety, if any) seven days written notice, terminate the out of or resulting from such termination .
<br /> services of CONTRACTOR, exclude CONTRACTOR from the
<br /> Site, and take possession of the Work and of all 15. 04 CONTRACTOR May Stop Work or Terminate
<br /> CONTRACTOR's tools, appliances , construction equipment,
<br /> and machinery at the Site, and use the same to the full extent A. If, through no act or fault of CONTRACTOR, the Work
<br /> they could be used by CONTRACTOR (without liability to is suspended for more than 90 consecutive days by OWNER
<br /> or
<br /> CONTRACTOR for trespass or conversion), incorporate in the under an order of court or other public authority, or ENGINEER
<br /> Work all materials and equipment stored at the Site or for which fails to act on any Application for Payment within 30 days after
<br /> it
<br /> OWNER has paid CONTRACTOR but which are stored is submitted, or OWNER fails for 30 days
<br /> to pay CON-
<br /> elsewhere, and finish the Work as OWNER may deem TRACTOR any sum finally determined
<br />to be due, then
<br /> expedient. In such case, CONTRACTOR shall not be entitled to CONTRACTOR may, upon seven days written notice
<br /> to
<br /> receive any further payment until the Work is finished. If the OWNER and ENGINEER, and provided OWNER or
<br /> unpaid balance of the Contract Price exceeds all claims , costs, ENGINEER do not remedy such suspension or failure within
<br /> losses, and damages (including but not limited to all fees and that time, terminate the Contract and recover
<br />from OWNER
<br /> charges of engineers , architects, attorneys , and other payment on the same terms as provided in paragraph 15.03. In
<br /> professionals and all court or arbitration or other dispute lieu of terminating the Contract and without
<br /> prejudice to any
<br /> resolution costs) sustained by OWNER arising out of or relating other right or remedy, if ENGINEER has failed to act
<br /> on an
<br /> to completing the Work, such excess will be paid to Application for Payment within 30 days after it is submitted , or
<br /> CONTRACTOR. If such claims , costs, losses , and damages OWNER has failed for 30 days to pay CONTRACTOR any sum
<br /> exceed such unpaid balance, CONTRACTOR shall pay the finally determined to be due, CONTRACTOR may, seven days
<br /> difference to OWNER. Such claims, costs, losses , and after written notice to OWNER and ENGINEER, stop the
<br /> Work
<br /> damages incurred by OWNER will be reviewed by ENGINEER until payment is made of all such amounts due CONTRACTOR,
<br /> as to their reasonableness and, when so approved by including interest thereon . The provisions of this
<br /> paragraph
<br /> ENGINEER, incorporated in a Change Order. When exercising 15.04 are not intended to preclude CONTRACTOR from making
<br /> any rights or remedies under this paragraph OWNER shall not a Claim under paragraph 10.05 for an adjustment in Contract
<br /> be required to obtain the lowest price for the Work performed. Price or Contract Times or otherwise for expenses or damage
<br /> directly attributable to CONTRACTOR's stopping the Work as
<br /> C. Where CONTRACTOR's services have been so permitted by this paragraph.
<br /> terminated by OWNER, the termination will not affect any rights
<br /> or remedies of OWNER against CONTRACTOR then existing
<br /> or which may thereafter accrue. Any retention or payment of ARTICLE 16 - DISPUTE RESOLUTION
<br /> moneys due CONTRACTOR by OWNER will not release CON-
<br /> TRACTOR from liability.
<br /> ' 15. 03 OWNER May Terminate For Convenience 16.01 Methods and Procedures
<br /> A. Dispute resolution methods and procedures , if any,
<br /> A. Upon seven days written notice to CONTRACTOR shall be as set forth in the Supplementary Conditions. If
<br /> no
<br /> and ENGINEER, OWNER may, without cause and without method and procedure has been set forth, and subject
<br /> to the
<br /> prejudice to any other right or remedy of OWNER, elect to provisions of paragraphs 9.09 and 10. 05, OWNER
<br /> and CON-
<br /> terminate the Contract. In such case, CONTRACTOR shall be TRACTOR may exercise such rights or remedies as either may
<br /> paid (without duplication of any items ): otherwise have under the Contract Documents or by Laws or
<br /> 1 . for completed and acceptable Work executed in Regulations in respect of any dispute.
<br /> accordance with the Contract Documents prior to the
<br /> effective date of termination, including fair and ARTICLE 17 - MISCELLANEOUS
<br /> reasonable sums for overhead and profit on such Work;
<br /> 2. for expenses sustained prior to the effective date 17.01 Giving Notice
<br /> of termination in performing services and furnishing
<br /> labor, materials , or equipment as required by the A. Whenever any provision of the Contract Documents
<br /> Contract Documents in connection with uncompleted requires the giving of written notice, it will be deemed
<br />to have
<br /> Work, plus fair and reasonable sums for overhead and been validly given if delivered in person to the individual or to
<br /> a
<br /> profit on such expenses ; member of the firm or to an officer of the corporation for whom it
<br /> is intended, or if delivered at or sent by registered or certified
<br /> 3. for all claims , costs , losses , and damages mail , postage prepaid, to the last business address known
<br /> to
<br /> (including but not limited to all fees and charges of the giver of the notice.
<br /> engineers, architects, attorneys, and other professionals
<br /> and all court or arbitration or other dispute resolution 17. 02 Computation of Times
<br /> costs ) incurred in settlement of terminated contracts
<br /> with Subcontractors , Suppliers , and others ; and A. When any period of time is referred to in the Contract
<br /> Documents by days , it will be computed to exclude the first and
<br /> 4. for reasonable expenses directly attributable to include the last day of such period. If the last day of any
<br /> such
<br /> termination. period falls on a Saturday or Sunday or on a day made a legal
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