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3. CONTRACTOR's disregard of the authority of costs) incurred in settlement of terminated contracts <br /> ENGINEER; or with Subcontractors, Suppliers, and others; and <br /> 4. CONTRACTOR's violation in any substantial 4.for reasonable expenses directly attributable to <br /> way of any provisions of the Contract Documents. termination . <br /> B. If one or more of the events identified in paragraph B. CONTRACTOR shall not be paid on account of 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 or <br /> CONTRACTOR for trespass or conversion), incorporate in the under an order of court or other public authority, orz^ GINFEo <br /> Work all materials and equipment stored at the Site or for which faits-to-acc:ti�»emt-witnira�0-daysalter-i9 <br /> OWNER has paid CONTRACTOR but which are stored is-- submitted—or OWNER fails for 30 days to pay CON- <br /> elsewhere, and finish the Work as OWNER may deem TRACTOR any sum finally determined to be due, then <br /> expedient. In such case, CONTRACTOR shall not be entitled CONTRACTOR may, upon seven days written notice to <br /> to 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 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 .,.gib.,.°•ation-or other dispute lieu of terminating the Contract and without prejudice to any <br /> resolution costs) sustained by OWNER arising out of or relating other right or remedy, if�N INE€R has-failed-to-act -on-an <br /> to completing the Work, such excess will be paid to Application r�HDel-wifhm-39 -days fter it 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 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 paragraph <br /> ENGINEER, incorporated in a Change Order. When exercising 15.04 are not intended to preclude CONTRACTOR from <br /> any rights or remedies under this paragraph OWNER shall not making a Claim under paragraph 10.05 for an adjustment in <br /> be required to obtain the lowest price for the Work performed. Contract Price or Contract Times or otherwise for expenses or <br /> damage directly attributable to CONTRACTOR's stopping the <br /> C . Where CONTRACTOR's services have been so Work as 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 /> 16.01 Methods and Procedures <br /> 15.03 OWNER May Terminate For Convenience <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 no <br /> and ENGINEER, OWNER may, without cause and without method and procedure has been set forth, and subject to the <br /> prejudice to any other right or remedy of OWNER, elect to provisions of paragraphs 9.09 and 10.05, OWNER 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 /> Regulations in respect of any dispute. <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 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 to have <br /> Work, plus fair and reasonable sums for overhead and been validly given if delivered in person to the individual or to 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 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 <br /> 00700 General Conditions (EJCDC).doc <br /> 00700 - 34 <br /> JA07-02912 Imh WM - Vero Lake Estates\DocumemsAepcmr idding Cmi"a SpeaficationVC0700 Geneml Conditions (EJCDC).doc <br />