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+rr <br /> CONTRACTOR, indicating in writing the ARTICLE 15 - SUSPENSION OF WORK AND <br /> reasons for refusing to recommend final TERMINATION <br /> payment, in which case CONTRACTOR shall <br /> make the necessary corrections and resubmit <br /> the Application for Payment. 15 . 01 OWNER May Suspend Work <br /> C . Payment Becomes Due A. At any time and without cause, OWNER may <br /> suspend the Work or any portion thereof for a period <br /> 1 . Thirty days after the presentation to of not more than 90 consecutive days by notice in <br /> OWNER of the Application for Payment and writing to CONTRACTOR and ENGINEER which will <br /> accompanying documentation , the amount fix the date on which Work will be resumed . CON- <br /> recommended by ENGINEER will become due TRACTOR shall resume the Work on the date so ,I,r <br /> and , when due, will be paid by OWNER to fixed . CONTRACTOR shall be allowed an adjustment <br /> CONTRACTOR. in the Contract Price or an extension of the Contract <br /> Times , or both , directly attributable to any such <br /> 14 .08 Final Completion Delayed suspension if CONTRACTOR makes a Claim therefor <br /> as provided in paragraph 10 . 05 . <br /> A. If, through no fault of CONTRACTOR, final <br /> completion of the Work is significantly delayed , and if 15 .02 OWNER May Terminate for Cause .r <br /> ENGINEER so confirms , OWNER shall , upon receipt <br /> of CONTRACTOR's final Application for Payment and A. The occurrence of any one or more of the <br /> recommendation of ENGINEER, and without terminat- following events will justify termination for cause : <br /> ing the Agreement, make payment of the balance due �► <br /> for that portion of the Work fully completed and 1 . CONTRACTOR's persistent failure <br /> accepted . If the remaining balance to be held by to perform the Work in accordance with the <br /> OWNER for Work not fully completed or corrected is Contract Documents (including , but not limited <br /> less than the retainage stipulated in the Agreement, to, failure to supply sufficient skilled workers or ,.r <br /> and if Bonds have been furnished as required in suitable materials or equipment or failure <br /> to <br /> paragraph 5 .01 , the written consent of the surety to adhere to the progress schedule established <br /> the payment of the balance due for that portion of the under paragraph 2 .07 as adjusted from time to .r <br /> Work fully completed and accepted shall be submitted time pursuant to paragraph 6 .04) ; <br /> by CONTRACTOR to ENGINEER with the Application <br /> for such payment. Such payment shall be made 2 . CONTRACTOR's disregard of Laws <br /> under the terms and conditions governing final or Regulations of any public body having <br /> payment, except that it shall not constitute a waiver of jurisdiction ; <br /> Claims . <br /> 3 . CONTRACTOR's disregard of the <br /> 14 .09 Waiver of Claims authority of ENGINEER; or <br /> A. The making and acceptance of final payment 4 . CONTRACTOR's violation in any <br /> will constitute: substantial way of any provisions of the <br /> Contract Documents . <br /> 1 . a waiver of all Claims by OWNER <br /> against CONTRACTOR, except Claims arising B . If one or more of the events identified in <br /> from unsettled Liens, from defective Work paragraph 15 .02 .A occur, OWNER may, after giving <br /> appearing after final inspection pursuant to CONTRACTOR (and the surety, if any) seven days <br /> paragraph 14 .06 , from failure to comply with the written notice, terminate the services of <br /> Contract Documents or the terms of any special CONTRACTOR, exclude CONTRACTOR from the �f6 <br /> guarantees specified therein , or from Site, and take possession of the Work and of all <br /> CONTRACTOR's continuing obligations under CONTRACTOR's tools , appliances , construction <br /> the Contract Documents ; and equipment, and machinery at the Site, and use the <br /> same to the full extent they could be used by <br /> 2 . a waiver of all Claims by CONTRAC- CONTRACTOR (without liability to CONTRACTOR for <br /> TOR against OWNER other than those trespass or conversion ) , incorporate in the Work all <br /> previously made in writing which are still materials and equipment stored at the Site or for r' <br /> unsettled . which OWNER has paid CONTRACTOR but which <br /> are stored elsewhere, and finish the Work as OWNER <br /> may deem expedient. In such case, CONTRACTOR <br /> 0016-00700 - General Conditions <br /> Page 42 of 44 <br /> F:\Engineering\Capital Projects\0016 & 0236- 41st Street Improvements\0016 & 0236-41st St Contract Docs\0016-00700 - General Conditions.doc <br /> r <br />