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3 . CONTRACTOR's disregard of the 15 .03 OWNER May Terminate For Convenience <br /> authority of ENGINEER; or <br /> A. Upon seven days written notice to CON- <br /> 4. CONTRACTOR's violation in any TRACTOR and ENGINEER, OWNER may, without cause <br /> substantial way of any provisions of the Contract and without prejudice to any other right or remedy of <br /> Documents. OWNER, elect to terminate the Contract. In such case, <br /> CONTRACTOR shall be paid (without duplication of any <br /> New Paragraphs 15.02.A.5 and 15.02.A.6 have been items): <br /> added. Seethe Supplementary Conditions. <br /> 1 . for completed and acceptable Work <br /> The third sentence of Paragraph 15.02.B has been executed in accordance with the Contract Docu- <br /> deleted and replaced with a new sentence. See the ments prior to the effective date of termination, <br /> Supplementary Conditions. including fair and reasonable sums for overhead and <br /> B . If one or more of the events identified in paragraph profit on such Work; <br /> 15.02.A occur, OWNER may, after giving CONTRACTOR <br /> (and the surety, if any) seven days written notice, terminate 2. for expenses sustained prior to the <br /> the services of CONTRACTOR, exclude CONTRACTOR effective date of termination in performing services <br /> from the Site, and take possession of the Work and of all and fiunishing labor, materials, or equipment as re- <br /> CONTRACTOR's tools, appliances, construction equip- quired by the Contract Documents in connection <br /> ment, and machinery at the Site, and use the same to the full with uncompleted Work, plus fair and reasonable <br /> extent they could be used by CONTRACTOR (without sums for overhead and profit on such expenses; <br /> liability to CONTRACTOR for trespass or conversion), <br /> incorporate in the Work all materials and equipment stored Paragraph 15.03.A.3 has been deleted in its entirety. <br /> at the Site or for which OWNER has paid CONTRACTOR g €r all ele:_,. easts, fosse, and damages <br /> but which are stored elsewhere, and finish the Work as (inehtd._b but not l4ni.edll �eg .... d v c <br /> e a _ � <br /> OWNER may deem expedient. In such case, engineers, arehiteets, attorneys, and—mer <br /> CONTRACTOR shall not be entitled to receive any further <br /> payment until the Work is finished. if the unpaid balance of dispute Fesollutioa oestc) in umd in settlement of <br /> ti Contract Priee exceeds all 1 <br /> damages (ineluding but of 14mited ♦ all fees .. es a and-othefs; and e , <br /> 4. for reasonable expenses directly <br /> attributable to termination. <br /> GORVIeting the y <br /> CnNTR ATnn Ifsuch claims, costs, losses, and B. CONTRACTOR shall not be paid on account of <br /> damages exceed such unpaid balance, CONTRACTOR loss of anticipated profits or revenue or other economic loss <br /> shall pay the difference to OWNER. Such claims, costs, arising out of or resulting from such termination. <br /> losses, and damages incurred by OWNER will be reviewed <br /> by ENGINEER as to their reasonableness and, when so 15 .04 CONTRACTOR May Stop Work or Terminate <br /> approved by ENGINEER, incorporated in a Change Order. <br /> When exercising any rights or remedies under this Parts of Paragraph 15.04 have been deleted. <br /> paragraph OWNER shall not be required to obtain the A. If, through no act or fault of CONTRACTOR, the <br /> lowest price for the Work performed. Work is suspended for more than 90 consecutive days by <br /> OWNER or under an order of court or other public <br /> C. Where CONTRACTOR's services have been so authority, or ENGINEER fails to act on any Application for <br /> terminated by OWNER, the termination will not affect any Payment within 30 days after it is submitted, o- ^`�-oIALNP'N1�n <br /> rights or remedies of OWNER against CONTRACTOR fails for 30 days to pa CQwrrn AGT-O e_ n s:.. .n. <br /> then existing or which may thereafter accrue. Any retention de.,.--- ine,1 to be due, then CONTRACTOR may, upon <br /> or payment of moneys due CONTRACTOR by OWNER seven days written notice to OWNER and ENGINEER, and <br /> will not release CONTRACTOR from liability. provided OWNER or ENGINEER do not remedy such <br /> suspension or failure within that time, terminate the <br /> A new Paragraph 15.02.) has been added. See the Contract and recover from OWNER payment on the same <br /> Supplementary Conditions. terms as provided in paragraph 15 . 03 . In lieu of terminating <br /> the Contract and without prejudice to any other right or <br /> remedy, if ENGINEER has failed to act on an Application <br /> 00700 - 44 <br />