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2 a waiver of all Claims by CONTRACTOR agauwt OWNER
<br />other than those previouslymade m%Tibrigwinchare still unsietiled
<br />ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION
<br />15 01 OHWFR.Vay Suspend Work
<br />A At any time and without cause, OWNER may sustiond the Work or
<br />any portion thereciffor a ptiod ofnot more than 90 consecutive days by notice
<br />in writing to CONJ RACTOR and ENGINEER wlucb will fax the date on which
<br />Work will be resumed CONTRACTOR shall resume the Work on the date so
<br />fixed CONTRACTOR shall be allowed an adjustment in the Contract Price or
<br />an extension of the Contract Times, or both, directly attributable to any such
<br />rusperision d`CONTR.ACTOR makes a Claim therefor as provided in paragraph
<br />1005
<br />1502 OXWER May Ternimate for Cause
<br />A The occurrence ofany one or more of the following events will justify
<br />termination for cause.
<br />I CONTRACTOR's persistent failure to perform the Work in
<br />accordance with the Contract Documents (including, but not limited to,
<br />failure to supply sufficient skilled workers or suitable materials or equip -
<br />merit or failure to adhere to the progress schedule established under
<br />paragrapb 2 07 as adjusted from time to tit nL pursuant to paragraph 6,04).
<br />2 CONTRACTOR's disregard of Laws or Regulations of any
<br />public body having jurisdiction,
<br />CONTRACTOR's disregard ofthe authority of ENGINEER,
<br />4 CONTRACTOR's violation in any substantial way of any
<br />provisions ofthe Contract Documents
<br />B If one or mote: of the events identified in paragraph 15.02-A occur.
<br />OWNER may, after giving CONTRACTOR (and the surety, if aHyl seven days
<br />written notice, terminate the services of CONTRACTOR, exclude CONTRAC-
<br />TOR from the Silt, and take possmion of One Work and of all
<br />CONTRACTOR's tools, appliances, consitructionequipment, and machinery at
<br />the Site, and use the same to the full extent they could be used by
<br />CONTRACTOR (without liability to CONTRACTOR for trespass or coriver-
<br />sion), incorporate in the Work all materials and equipment stored at the Site or
<br />for which OWNER has paid CONTRACTOR but %litch are stored elsewhere,
<br />and finish the Work as OWNER may deem expedient. In such case,
<br />CONTRACTOR shall not be entitled to receive any further payment until the
<br />Work: is finislied Ifthe unpaid balance ofthe Contract Price exceeds all claims,
<br />costs, losses, and damages (including but not limited to all fees and charges of
<br />engineers, architects, allomeys, and other professionals and all court or
<br />arbitration or other dispute resolution costs)sustained by OWNER wising out
<br />of or relating to completing the Work, such axe= will be paid to
<br />CONTRACTOR Tsuch claims, costs, losses, and damagcs exceed such unpaid
<br />balance, CONTRACTOR shall pay the difference to OWNER Such claims,
<br />costs, losses, and damages incurred by OWNER will be reviewed by
<br />ENG INEERns(o their reasonableness and, whenso approved by ENGINEER,
<br />incorporated in a Change Order, When exerrising any rights or remedies under
<br />this paragraph OWNER shall not be required to obtain the lowest price for the
<br />Work perfwmed.
<br />C Where CONTRACTOR's services have been so tenninaiad by
<br />OWNER, the terurtination will not affect any rights or remedies of OWNER
<br />against CONTRACTOR then existing or which may thereafter accrue. Any
<br />retention or payment of moneys; due CONTI RAC TOR by OWNER will not
<br />release CONTRACTOR from liability.
<br />15.03 OWNERM-ay Terwrinale For Cotrverzience
<br />A- Upon—days-ift notice to CONTRACTOR and ENGINEER,
<br />OWNER may, without cause and without prejudice to any other light or remedy
<br />ofOWNER, eIBdiok:minatcthe Con[racL In such case, CONTRACTOR shall
<br />be paid (without duplication ofany items).
<br />1. for completed and acceptable Work executed in accordance with
<br />the Contract Documents prior to the effective date oftermistation, including
<br />fair and reasonable sums for over and profit on such Work;
<br />2 for expenses sustained prior to the effective date of termination
<br />in perfarrining services and fi,mislurig labor, materials, or equipment as re-
<br />quired by the Contract Documents in connection with uncompleted Work.
<br />plus fair and reasonable sums for overhead and profit an such expenses;
<br />3 for all claims, costs, losses, and damages (including but not
<br />limited to all fees and charges of engineer.q, architects, attomr%.s and other
<br />professionals and all court or arbitration or other dispute resolution costs)
<br />incurred in settlement of terminated contracts; with Subcontractors,
<br />Suppliers, and others, and
<br />4 for reasonable expenses directly allnbutable to teratination
<br />B CON1 XAC1 OR shall not be paid an account of loss of anticipated
<br />profits or revenue or other economic loss arising out of or resulting from such
<br />termination
<br />1504 CONTRACTORMay Stop Work or Terminate
<br />A. If, through no act or fault of CONTRACTOR, the Work is suspended
<br />for more than 9D consecutive days by OWNER or under an order of court or
<br />other public authority. or ENGINEER rails to set on any Application for
<br />Payment within 30 days aller it is submitted, or OWNER fails for 30 days to pay
<br />CONTRACTOR any sum fatally determined to be due, then CONTRACTOR
<br />nay, upon seven days written notice to OWNER and ENGINEER, and provided
<br />OWNER or ENGINEER do not remedy such suspension or failure within that
<br />tune, terminate the Contract and recover from OWNER payment on the same
<br />Icirrins as provided in paragraph 15 03, In lieu oft acing the Contract and
<br />without prejudice to any other right or remedy, if ENGINEER has failed to act
<br />on on Application for Payment within 30 days after it is submitted, or OWNER
<br />has failed for 30 days to pay CONTRACTOR any sum finally daterinmed to be
<br />due, CONTRAC I OR may, seven days after written notice to OWNER and
<br />ENGINEER, stop The Work until payment is made of all such amounts due
<br />CONTRACTOR, including interest thereon The provisions of this paragiapi)
<br />1504 are not interided to prechide CONTRACTOR front making a Claim undei
<br />paragraph 10 05 for an adjustment in Contract Price or Contract Times or other-
<br />wise fore or dantage directly attributable to CONTRACTOR's stopping
<br />the Work as perriiitted by this paragraph
<br />ARTICLE 16 - DISPUTE RESOLUTION
<br />.... ............... ..................... _., .........
<br />1601 Methods and Procedures
<br />A- Dispute resolution methods and procedures, if any, shall be as set forth
<br />inthe Supp lernerdwyCondition& Too method and procedure has been set forth,
<br />and subjedto the provisions of7paragraphs 9.09 And 10,05. OWNER and CON-
<br />TRACTOR may exercise !acb tights or remedies as either may otherwise have
<br />under the Contract Documents or by Laws or Regulations in respect ofany
<br />dispute
<br />ARTICLE 17 - MISCELLANEOUS
<br />17,01 Giving Nonce
<br />A- Whenever any provision ofthe Contract Documents requires the giving
<br />of written notice, it will be deemed to have been validly given if delivered in
<br />p erson to the individual or to a member of the firm or to an officer of the
<br />corporati on for whom it is intended, or if delivered at or sent by registered or
<br />ccrtiW mad, podage prepaid, to the last business address known to the giver of
<br />the notice.
<br />17,02 Computation of Times
<br />A. Wheri any period oftime is referred to in the Contract Documents by
<br />days it will be computed to exclude the first and include the last day of such
<br />period If the I&A day ofany such period falls an a Saturday or Sunday or on a
<br />day made a legal holiday by the law ofthe applicable jurisdiction, such day will
<br />be omitted from the computation.
<br />1703 CunrulaimRamedies
<br />A. Ile duties and obligations imposed by these General Conditions and
<br />therights and remedies available hereunder to the parties bercto are in addition
<br />to, and are not to be construed in any way as a limitation of, any rights and
<br />remedies available to Any or all of them which are otherwise imposed or
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