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3 . CONTRACTOR's disregard of the <br /> 14 . 09 Waiver of Claims authority of ENGINEER; or <br /> A. The making and acceptance of final payment 4 . CONTRACTOR's violation in any <br /> will constitute : substantial way of any provisions of the <br /> Contract Documents . <br /> 1 . a waiver of all Claims by OWNER <br /> against CONTRACTOR , except Claims arising B . If one or more of the events identified in <br /> from unsettled Liens , from defective Work paragraph 15 . 02 .A occur, OWNER may, after giving <br /> appearing after final inspection pursuant to CONTRACTOR (and the surety, if any) seven days <br /> paragraph 14. 06 , from failure to comply with the written notice , terminate the services of <br /> Contract Documents or the terms of any special CONTRACTOR , exclude CONTRACTOR from the <br /> guarantees specified therein , or from Site, and take possession of the Work and of all <br /> CONTRACTOR's continuing obligations under CONTRACTOR's tools , appliances, construction <br /> the Contract Documents ; and equipment, and machinery at the Site , and use the <br /> same to the full extent they could be used by <br /> 2 . a waiver of all Claims by CONTRAC- CONTRACTOR (without liability to CONTRACTOR for <br /> TOR against OWNER other than those trespass or conversion) , incorporate in the Work all <br /> previously made in writing which are still materials and equipment stored at the Site or for <br /> unsettled . which OWNER has paid CONTRACTOR but which <br /> are stored elsewhere , and finish the Work as OWNER <br /> may deem expedient. In such case, CONTRACTOR <br /> ARTICLE 15 - SUSPENSION OF WORK AND shall not be entitled to receive any further payment <br /> TERMINATION until the Work is finished . If the unpaid balance of the <br /> Contract Price exceeds all claims , costs, losses, and <br /> damages (including but not limited to all fees and <br /> 15 . 01 OWNER May Suspend Work charges of engineers , architects , attorneys, and other , <br /> professionals and all court or arbitration or other <br /> A. At any time and without cause , OWNER may dispute resolution costs) sustained by OWNER arising <br /> suspend the Work or any portion thereof for a period out of or relating to completing the Work, such excess <br /> of not more than 90 consecutive days by notice in will be paid to CONTRACTOR. If such claims, costs, <br /> writing to CONTRACTOR and ENGINEER which will losses, and damages exceed such unpaid balance, <br /> fix the date on which Work will be resumed . CON- CONTRACTOR shall pay the difference to OWNER. <br /> TRACTOR shall resume the Work on the date so Such claims , costs , losses , and damages incurred by <br /> fixed . CONTRACTOR shall be allowed an adjustment OWNER will be reviewed by ENGINEER as to their <br /> in the Contract Price or an extension of the Contract reasonableness and , when so approved by <br /> Times , or both , directly attributable to any such ENGINEER, incorporated in a Change Order. When <br /> suspension if CONTRACTOR makes a Claim therefor exercising any rights or remedies under this <br /> as provided in paragraph 10 . 05 . paragraph OWNER shall not be required to obtain the <br /> lowest price for the Work performed . <br /> 15 . 02 OWNER May Terminate for Cause <br /> C . Where CONTRACTOR's services have been <br /> A. The occurrence of any one or more of the so terminated by OWNER , the termination will not <br /> following events will justify termination for cause: affect any rights or remedies of OWNER against <br /> CONTRACTOR then existing or which may thereafter <br /> 1 . CONTRACTOR's persistent failure accrue. Any retention or payment of moneys due <br /> to perform the Work in accordance with the CONTRACTOR by OWNER will not release CON - <br /> Contract Documents (including , but not limited TRACTOR from liability. <br /> to, failure to supply sufficient skilled workers or <br /> suitable materials or equipment or failure to 15 . 03 OWNER May Terminate For Convenience <br /> adhere to the progress schedule established <br /> under paragraph 2 . 07 as adjusted from time to A. Upon seven days written notice to CON - <br /> time pursuant to paragraph 6 . 04) ; TRACTOR and ENGINEER, OWNER may, without <br /> cause and without prejudice to any other right or <br /> 2 . CONTRACTOR's disregard of Laws remedy of OWNER, elect to terminate the Contract. <br /> or Regulations of any public body having In such case, CONTRACTOR shall be paid (without <br /> jurisdiction ; duplication of any items) : <br /> 00700 - General Conditions <br /> 00700 - 43 <br /> FAEngineering\Capital Projects\0217-Powerline RoadtBid DocumentsW0700 - General Conditions.doc <br />