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3. CONTRACTOR's disregard of the authority of
<br />ENGINEER; or
<br />4. CONTRACTOR's violation in any substantial
<br />way of any provisions of the Contract Documents.
<br />B. If one or more of the events identified in paragraph
<br />15.02.A occur, OWNER may, after giving CONTRACTOR (and
<br />the surety, if any) seven days written notice, terminate the
<br />services of CONTRACTOR, exclude CONTRACTOR from the
<br />Site, and take possession of the Work and of all
<br />CONTRACTOR's tools, appliances, construction equipment,
<br />and machinery at the Site, and use the same to the full extent
<br />they could be used by CONTRACTOR (without liability to
<br />CONTRACTOR for trespass or conversion), incorporate in the
<br />Work all materials and equipment stored at the Site or for which
<br />OWNER has paid CONTRACTOR but which are stored
<br />elsewhere, and finish the Work as OWNER may deem
<br />expedient. In such case, CONTRACTOR shall not be entitled
<br />to receive any further payment until the Work is finished. If the
<br />unpaid balance of the Contract Price exceeds all claims, costs,
<br />losses, and damages (including but not limited to all fees and
<br />charges of engineers, architects, attorneys, and other
<br />professionals and all court .,.gib.,.°•ation-or other dispute
<br />resolution costs) sustained by OWNER arising out of or relating
<br />to completing the Work, such excess will be paid to
<br />CONTRACTOR. If such claims, costs, losses, and damages
<br />exceed such unpaid balance, CONTRACTOR shall pay the
<br />difference to OWNER. Such claims, costs, losses, and
<br />damages incurred by OWNER will be reviewed by ENGINEER
<br />as to their reasonableness and, when so approved by
<br />ENGINEER, incorporated in a Change Order. When exercising
<br />any rights or remedies under this paragraph OWNER shall not
<br />be required to obtain the lowest price for the Work performed.
<br />C. Where CONTRACTOR's services have been so
<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
<br />moneys due CONTRACTOR by OWNER will not release CON-
<br />TRACTOR from liability.
<br />15.03 OWNER May Terminate For Convenience
<br />A. Upon seven days written notice to CONTRACTOR
<br />and ENGINEER, OWNER may, without cause and without
<br />prejudice to any other right or remedy of OWNER, elect to
<br />terminate the Contract. In such case, CONTRACTOR shall be
<br />paid (without duplication of any items):
<br />1.for completed and acceptable Work executed in
<br />accordance with the Contract Documents prior to the
<br />effective date of termination, including fair and
<br />reasonable sums for overhead and profit on such Work;
<br />2.for expenses sustained prior to the effective date
<br />of termination in performing services and furnishing
<br />labor, materials, or equipment as required by the
<br />Contract Documents in connection with uncompleted
<br />Work, plus fair and reasonable sums for overhead and
<br />profit on such expenses;
<br />3.for all claims, costs, losses, and damages
<br />(including but not limited to all fees and charges of
<br />engineers, architects, attorneys, and other professionals
<br />and all court or arbitration or other dispute resolution
<br />costs) incurred in settlement of terminated contracts
<br />with Subcontractors, Suppliers, and others; and
<br />4.for reasonable expenses directly attributable to
<br />termination.
<br />B. CONTRACTOR shall not be paid on account of loss
<br />of anticipated profits or revenue or other economic loss arising
<br />out of or resulting from such termination.
<br />15.04 CONTRACTOR May Stop Work or Terminate
<br />A. If, through no actor fault of CONTRACTOR, the Work
<br />is suspended for more than 90 consecutive days by OWNER or
<br />under an order of court or other public authority, or E GINFE�
<br />fails -to -ac` ^-�.}-�^^"p^e..c:.ti�»ea!-withir��0-daysalter-i9
<br />is--submined—or OWNER fails for 30 days to pay CON-
<br />TRACTOR any sum finally determined to be due, then
<br />CONTRACTOR may, upon seven days written notice to
<br />OWNER and ENGINEER, and provided OWNER or
<br />ENGINEER do not remedy such suspension or failure within
<br />that time, terminate the Contract and recover from OWNER
<br />payment on the same terms as provided in paragraph 15.03. In
<br />lieu of terminating the Contract and without prejudice to any
<br />other right or remedy, if €N INE€R has -failed -to -act -on -an
<br />Application f�HDel-within-39-days fter it is-submitled; or
<br />OWNER has failed for 30 days to pay CONTRACTOR any sum
<br />finally determined to be due, CONTRACTOR may, seven days
<br />after written notice to OWNER and ENGINEER, stop the Work
<br />until payment is made of all such amounts due CONTRACTOR,
<br />including interest thereon. The provisions of this paragraph
<br />15.04 are not intended to preclude CONTRACTOR from
<br />making a Claim under paragraph 10.05 for an adjustment in
<br />Contract Price or Contract Times or otherwise for expenses or
<br />damage directly attributable to CONTRACTOR's stopping the
<br />Work as permitted by this paragraph.
<br />ARTICLE 16 - DISPUTE RESOLUTION
<br />16.01 Methods and Procedures
<br />A. Dispute resolution methods and procedures, if any,
<br />shall be as set forth in the Supplementary Conditions. If no
<br />method and procedure has been set forth, and subject to the
<br />provisions of paragraphs 9.09 and 10.05, OWNER and CON-
<br />TRACTOR may exercise such rights or remedies as either may
<br />otherwise have under the Contract Documents or by Laws or
<br />Regulations in respect of any dispute.
<br />ARTICLE 17 - MISCELLANEOUS
<br />17.01 Giving Notice
<br />A. Whenever any provision of the Contract Documents
<br />requires the giving of written notice, it will be deemed to have
<br />been validly given if delivered in person to the individual or to a
<br />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 />mail, postage prepaid, to the last business address known to
<br />the giver of the notice.
<br />00700 General Conditions (EJCDC).doc
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<br />JA07-02912 Imh WM - Vero Lake Estates�umemsAepcmr idding Comact SpeaficationVC0700 Geneml Conditions (EJCDC).doc
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