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under the terms and conditions governing final 2 . CONTRACTOR 's disregard of Laws payment, except that it shall not constitute a waiver of or Regulations of any public body having Claims . jurisdiction ; 14 . 09 Waiver of Claims 3 . CONTRACTOR' s disregard of the authority of ENGINEER ; or A. The making and acceptance of final payment will constitute : 4 . CONTRACTOR' s violation in any substantial way of any provisions of the 1 . a waiver of all Claims by OWNER Contract Documents . against CONTRACTOR , except Claims arising from unsettled Liens , from defective Work B . If one or more of the events identified in appearing after final inspection pursuant to paragraph 15 . 02 .A occur, OWNER may, after giving paragraph 14 . 06 , from failure to comply with the CONTRACTOR (and the surety, if any) seven days Contract Documents or the terms of any special written notice , terminate the services of guarantees specified therein , or from CONTRACTOR , exclude CONTRACTOR from the CONTRACTOR' s continuing obligations under Site , and take possession of the Work and of all the Contract Documents; and CONTRACTOR's tools, appliances , construction equipment, and machinery at the Site, and use the 2 . a waiver of all Claims by CONTRAC- same to the full extent they could be used by TOR against OWNER other than those CONTRACTOR (without liability to CONTRACTOR for previously made in writing which are still trespass or conversion) , incorporate in the Work all unsettled . materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER ARTICLE 15 - SUSPENSION OF WORK AND may deem expedient. In such case , CONTRACTOR TERMINATION 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 arising of not more than 90 consecutive days by notice in out of or relating to completing the Work, such excess writing to CONTRACTOR and ENGINEER which will will be paid to CONTRACTOR . If such claims , costs , fix the date on which Work will be resumed . CON- losses , and damages exceed such unpaid balance , TRACTOR shall resume the Work on the date so CONTRACTOR shall pay the difference to OWNER. fixed . Such claims , costs, losses , and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and , when so approved by ENGINEER , incorporated in a Change Order. When 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 . 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) ; A. Upon seven days written notice to CON- TRACTOR and ENGINEER , OWNER may, without 00700 - General Conditions REV 04-07 00700 - 44 F:\Engineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\00700 - General Conditions REV 04-07. doc