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CONTRACTOR. If such claims , costs , losses , and damages other right or remedy, if ENGINEER has failed to act on
<br /> an
<br /> exceed such unpaid balance, CONTRACTOR shall pay the Application for Payment within 30 days after it is submitted ,
<br /> or
<br /> difference to OWNER. Such claims, costs , losses, and OWNER has failed for 30 days to pay CONTRACTOR any sum
<br /> *mw damages incurred by OWNER will be reviewed by ENGINEER finally determined to be due, CONTRACTOR may, seven days
<br /> as to their reasonableness and, when so approved by after written notice to OWNER and ENGINEER, stop the Work
<br /> ENGINEER, incorporated in a Change Order. When exercising until payment is made of all such amounts due CONTRACTOR,
<br /> any rights or remedies under this paragraph OWNER shall not including interest thereon. The provisions of this paragraph
<br /> be required to obtain the lowest price for the Work performed . 15.04 are not intended to preclude CONTRACTOR from making
<br /> a Claim under paragraph 10.05 for an adjustment in Contract
<br /> C. Where CONTRACTOR's services have been so Price or Contract Times or otherwise for expenses or damage
<br /> terminated by OWNER, the termination will not affect any rights directly attributable to CONTRACTOR's stopping the Work as
<br /> or remedies of OWNER against CONTRACTOR then existing permitted by this paragraph .
<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. ARTICLE 16 - DISPUTE RESOLUTION& "ARTICLE 16 -
<br /> DISPUTE RESOLUTION")
<br /> 15. 03 OWNER May Terminate For Convenience ftc In
<br /> "15. 03 OWNER May Terminate For Convenience ")
<br /> 16 . 01 Methods and Proceduresftc In "16. 01 Methods and
<br /> A. Upon seven days written notice to CONTRACTOR Procedures '
<br /> and ENGINEER, OWNER may, without cause and without
<br /> prejudice to any other right or remedy of OWNER, elect to A. Dispute resolution methods and procedures, if any,
<br /> terminate the Contract. In such case, CONTRACTOR shall be shall be as set forth in the Supplementary Conditions . If
<br /> no
<br /> paid (without duplication of any items ): method and procedure has been set forth, and subject to the
<br /> provisions of paragraphs 9. 09 and 10. 05, OWNER and CON-
<br /> 1 . for completed and acceptable Work executed in TRACTOR may exercise such rights or remedies as either may
<br /> accordance with the Contract Documents prior to the otherwise have under the Contract Documents or by Laws or
<br /> effective date of termination, including fair and Regulations in respect of any dispute.
<br /> reasonable sums for overhead and profit on such Work;
<br /> 2. for expenses sustained prior to the effective date ARTICLE 17 - MISCELLANEOUS(tc "ARTICLE 17 -
<br /> of termination in performing services and furnishing MISCELLANEOUS")
<br /> labor, materials, or equipment as required by the
<br /> Contract Documents In connection with uncompleted
<br /> `%W Work, plus fair and reasonable sums for overhead and 17 . 01 Giving Notice(tc In "17. 01 Giving Notice ")
<br /> profit on such expenses;
<br /> A. Whenever any provision of the Contract Documents
<br /> 3. for all claims, costs , losses, and damages requires the giving of written notice, it will be deemed to have
<br /> (including but not limited to all fees and charges of been validly given if delivered in person to the individual
<br /> or to a
<br /> engineers, architects, attorneys, and other professionals member of the firm or to an officer of the corporation for whom it
<br /> and all court or arbitration or other dispute resolution is intended , or if delivered at or sent by registered
<br /> or certified
<br /> costs ) incurred in settlement of terminated contracts mail, postage prepaid , to the last business address known to
<br /> with Subcontractors , Suppliers , and others ; and the giver of the notice.
<br /> 4. for reasonable expenses directly attributable to 17. 02 Computation of Timesftc In "17. 02 Computation
<br /> termination . of Times ")
<br /> B . CONTRACTOR shall not be paid on account of loss A. When any period of time is referred to in the Contract
<br /> of anticipated profits or revenue or other economic loss arising Documents by days, it will be computed to exclude the first and
<br /> out of or resulting from such termination. include the last day of such period . If the last day of any such
<br /> period falls on a Saturday or Sunday or on a day made a legal
<br /> 15. 04 CONTRACTOR May Stop Work or Terminateftc In holiday by the law of the applicable jurisdiction, such day will be
<br /> "15. 04 CONTRACTOR May Stop Work or Terminate7 omitted from the computation.
<br /> A. If, through no act or fault of CONTRACTOR, the Work 17 . 03 Cumulative Remediesftc In "17. 03 Cumulative
<br /> is suspended for more than 90 consecutive days by OWNER or Remedies "j
<br /> under an order of court or other public authority, or ENGINEER
<br /> fails to act on any Application for Payment within 30 days after it A. The duties and obligations imposed by these General
<br /> is submitted, or OWNER fails for 30 days to pay CON- Conditions and the rights and remedies available
<br /> hereunder to
<br /> TRACTOR any sum finally determined to be due, then the parties hereto are in addition to, and are not
<br />to be construed
<br /> CONTRACTOR may, upon seven days written notice to in any way as a limitation of, any rights and remedies available
<br /> OWNER and ENGINEER, and provided OWNER or to any or all of them which are otherwise imposed or available
<br /> ENGINEER do not remedy such suspension or failure within by Laws or Regulations , by special warranty or guarantee, or by
<br /> that time, terminate the Contract and recover from OWNER other provisions of the Contract Documents , and the provisions
<br /> payment on the same terms as provided in paragraph 15, 03 . In of this paragraph will be as effective as if repeated specifically
<br /> in
<br /> *1/ lieu of terminating the Contract and without prejudice to any
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