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2. a waiver of all Claims by CONTRACTOR against
<br /> B. Review of Application and Acceptance OWNER other than those previously made in writing
<br /> which are still unsettled .
<br /> 1 . If, on the basis of ENGINEER's observation of
<br /> the Work during construction and final inspection , and
<br /> ENGINEER's review of the final Application for Payment ARTICLE 15 - SUSPENSION OF WORK AND
<br /> and accompanying documentation as required by the TERM I NATION(tc "ARTICLE 15 - SUSPENSION OF WORK
<br /> Contract Documents, ENGINEER is satisfied that the AND TERMINATION")
<br /> Work has been completed and CONTRACTOR's other
<br /> obligations under the Contract Documents have been
<br /> fulfilled , ENGINEER will , within ten days after receipt of 15. 01 OWNER May Suspend Work(tc \n 1115. 01
<br /> the final Application for Payment, indicate in writing OWNER May Suspend Work")
<br /> ENGINEER's recommendation of payment and present
<br /> the Application for Payment to OWNER for payment. At A. At any time and without cause, OWNER may suspend
<br /> the same time ENGINEER will also give written notice the Work or any portion thereof for a period of not more than 90
<br /> to OWNER and CONTRACTOR that the Work is consecutive days by notice in writing to CONTRACTOR and
<br /> acceptable subject to the provisions of paragraph 14. 09. ENGINEER which will fix the date on which Work will
<br /> be
<br /> Otherwise, ENGINEER will return the Application for resumed. CONTRACTOR shall resume the Work on the date
<br /> Payment to CONTRACTOR, indicating in writing the so fixed. CONTRACTOR shall be allowed an adjustment in the
<br /> reasons for refusing to recommend final payment, in Contract Price or an extension of the Contract Times, or both,
<br /> which case CONTRACTOR shall make the necessary directly attributable to any such suspension if CONTRACTOR
<br /> corrections and resubmit the Application for Payment. makes a Claim therefore as provided in paragraph 10.05.
<br /> C. Payment Becomes Due 15. 02 OWNER May Terminate for Cause{tc In "15. 02
<br /> 1 . Thirty days after the presentation to OWNER of OWNER May Terminate for Cause 's
<br /> the Application for Payment and accompanying docu- A. The occurrence of any one or more of the following
<br /> mentation , the amount recommended by ENGINEER events will justify termination for cause:
<br /> will become due and, when due, will be paid by OWN-
<br /> ER to CONTRACTOR. 1 . CONTRACTOR's persistent failure to perform
<br /> the Work in accordance with the Contract Documents
<br /> 14.08 Final Completion Delayed{tc \n " 14.08 Final (including , but not limited to, failure to supply sufficient
<br /> Completion Delayed`} skilled workers or suitable materials or equipment or
<br /> failure to adhere to the progress schedule established
<br /> A. If, through no fault of CONTRACTOR, final completion under paragraph 2. 07 as adjusted from time to time
<br /> Of the Work is significantly delayed, and if ENGINEER so pursuant to paragraph 6.04);
<br /> confirms, OWNER shall, upon receipt of CONTRACTOR's final
<br /> Application for Payment and recommendation of ENGINEER, 2. CONTRACTOR's disregard of Laws or Regula-
<br /> and without terminating the Agreement, make payment of the tions of any public body having jurisdiction;
<br /> balance due for that portion of the Work fully completed and
<br /> accepted. If the remaining balance to be held by OWNER for 3. CONTRACTOR's disregard of the authority of
<br /> Work not fully completed or corrected is less than the retainage ENGINEER; or
<br /> stipulated in the Agreement, and If Bonds have been furnished
<br /> as required in paragraph 5.01 , the written consent of the surety 4. CONTRACTOR's violation in any substantial
<br /> to the payment of the balance due for that portion of the Work way of any provisions of the Contract Documents,
<br /> fully completed and accepted shall be submitted by CON-
<br /> TRACTOR to ENGINEER with the Application for such B. If one or more of the events identified in
<br /> paragraph
<br /> payment. Such payment shall be made under the terms and 15.02.A occur, OWNER may, after giving CONTRACTOR (and
<br /> conditions governing final payment, except that it shall not the surety, if any) seven days written
<br />notice, terminate the
<br /> constitute a waiver of Claims , services of CONTRACTOR, exclude CONTRACTOR from the
<br /> Site, and take possession of the Work and of all
<br /> 14.09 Waiver of Claims{tc In "14. 09 Waiver of CONTRACTOR's tools, appliances, construction equipment,
<br /> Claims7 and machinery at the Site, and use the same to the full extent
<br /> they could be used by CONTRACTOR (without liability to
<br /> A. The making and acceptance of final payment will CONTRACTOR for trespass or conversion ), incorporate in the
<br /> constitute: Work all materials and equipment stored at the Site or for which
<br /> OWNER has paid CONTRACTOR but which are stored
<br /> 1 . a waiver of all Claims by OWNER against elsewhere, and finish the Work as OWNER
<br /> may deem
<br /> CONTRACTOR, except Claims arising from unsettled expedient. In such case, CONTRACTOR shall not be entitled to
<br /> Liens, from defective Work appearing after final receive any further payment until the Work is finished . If the
<br /> inspection pursuant to paragraph 14.06, from failure to unpaid balance of the Contract Price exceeds all claims , costs ,
<br /> comply with the Contract Documents or the terms of losses, and damages (including but not limited to all fees
<br /> and
<br /> any special guarantees specified therein, or from charges of engineers, architects , attorneys , and other
<br /> CONTRACTOR's continuing obligations under the professionals and all court or arbitration or other dispute
<br /> Contract Documents; and resolution costs ) sustained by OWNER arising out of or relating
<br /> to completing the Work, such excess will be paid to
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