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shall be made under the terms and conditions governing final payment, except that it shall not 2. CONTRACTOR's disregard of Laws constitute a waiver of Claims. or Regulations of any public body having jurisdiction ; 14.09 Waiver of Claims 3. CONTRACTOR's disregard of the A. The making and acceptance of final payment authority of ENGINEER; or r will constitute: 4. CONTRACTOR's violation in any 1 . a waiver of all Claims by OWNER substantial way of any provisions of the against CONTRACTOR, except Claims arising Contract Documents. from unsettled Liens, from defective Work appearing after final inspection pursuant to B . If one or more of the events identified in paragraph 14.06, from failure to comply with paragraph 15 .02 .A occur, OWNER may, after giving the Contract Documents or the terms of any CONTRACTOR (and the surety, if any) seven days special guarantees specified therein , or from written notice, terminate the services of CONTRACTOR's continuing obligations under CONTRACTOR, exclude CONTRACTOR from the the Contract Documents; and Site, and take possession of the Work and of all CONTRACTOR's tools, appliances , construction 2. a waiver of all Claims by CONTRAC- equipment, and machinery at the Site, and use the TOR against OWNER other than those same to the full extent they could be used by previously made in writing which are still CONTRACTOR (without liability to CONTRACTOR unsettled . for trespass or conversion), incorporate in the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which ARTICLE 15 - SUSPENSION OF WORK AND are stored elsewhere, and finish the Work as OWNER TERMINATION may deem expedient. In such case, CONTRACTOR shall not be entitled to receive any further payment _ until the Work is finished . If the unpaid balance of the Contract Price exceeds all claims , costs, losses, and 15.01 OWNER May Suspend Work damages (including but not limited to all fees and charges of engineers, architects , attorneys , and other •' A. At any time and without cause, OWNER may professionals and all court or arbitration or other suspend the Work or any portion thereof for a period dispute resolution costs) sustained by OWNER of not more than 90 consecutive days by notice in arising out of or relating to completing the Work, such so writing to CONTRACTOR and ENGINEER which will excess will be paid to CONTRACTOR. If such claims, fix the date on which Work will be resumed . CON- costs, losses, and damages exceed such unpaid TRACTOR shall resume the Work on the date so balance , CONTRACTOR shall pay the difference to fixed . CONTRACTOR shall be allowed an adjust- OWNER. Such claims, costs , losses, and damages to ment in the Contract Price or an extension of the incurred by OWNER will be reviewed by ENGINEER Contract Times, or both, directly attributable to any as to their reasonableness and , when so approved by such suspension if CONTRACTOR makes a Claim ENGINEER, incorporated in a Change Order. When therefor as provided in paragraph 10.05. exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the 15.02 OWNER May Terminate for Cause lowest price for the Work performed . r A. The occurrence of any one or more of the C . Where CONTRACTOR's services have been following events will justify termination for cause: so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against 1 . CONTRACTOR's persistent failure CONTRACTOR then existing or which may thereafter to perform the Work in accordance with the accrue . Any retention or payment of moneys due Contract Documents (including, but not limited CONTRACTOR by OWNER will not release CON- to, failure to supply sufficient skilled workers or TRACTOR from liability. • suitable materials or equipment or failure to adhere to the progress schedule established 15.03 OWNER May Terminate For Convenience under paragraph 2 .07 as adjusted from time to time pursuant to paragraph 6.04); 00700 - General Conditions REV 04-07 00700 - 43 F.XEngineedngU illiams%MasterConi tWlaster Contact D=mentsW0700 - General Conditions REV N4 Tdoc