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4 Uthenvisc, ENG1tJEER will rctuAn thc Application to CON- TRACTOR, indicating in writing the rc:tsons Cor rcCusing to recommend final payment, in which casc CONTRAC"fOR shall make the necessary corrections and resubmit the Appli- cation. Thirty days after prescntation to OWNER of tfie Application and accompanying documentation, in appropri- ate Corm and substancc, and with ENGINEER's rccommcn- dation and notice of acceptability, the amount recommended by ENGINEER witl become due and will be paid by OWN ER to CONTRACTOR. 14.14. If, through no fault of CONT'RACTOR, final com- pietion of the Work is significantly delayed and if ENGI- NEER so confirms, OWNER shall, upon receipt of CON- TRACI'OR's final Application for Payment and recommen- dation of ENGINEER, and without terminating the Agree- ment, make payment of the balance due for that poRion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agree- ment, and if Bonds have been furnished as required in para- graph 5.1, the written consent of the surety to the payment of the balance due for that portion of the Work fully com- pleted and accepted shall be submitted by CONTRACTOR to ENGINEER with the Apptication for such payment. Such payment shall be made under the terms and conditions gov- erning final payment, except that it shall not constitute a waiver of claims. Conlraclor's Corttinuing Obligation: 14.15. CONTRACTOR's obligation to perform and com- plete the Work in accordance with the Contract Documents shall be absolute. Nei[her recommendation of any progress or fina( payment by ENGINEER, nor the issuance of a cer- tificate of Substantial Completion, nor any payment by OWNER to CONTRACTOR under the Contract Documents, nor any use or occupancy of the Work or any paR thereof by OWNER, nor any act of acceptance by OWNER nor any failure to do so, nor any review and approvai of a Shop Dcawing or sample submission, nor the issuance of a notice of acceptability by ENGINEER pursuant to pangraph 14.13, nor any correction of defective Work by OWNER will con- stitute an acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR's obli- gation to perform the Work in accordance with the Contract Documents (except as provided in paragraph 14.16). lVaiver ojClaims: * 14.16. The making and acceptance of 6nal payment will constitute: 14.16.1. a waiver of all ctaims by OWNER against CONTRACT'OR, except claims arising Crom unsettled Liens, from dejective Work appearing aCter final inspec- tion pursuant to paragraph 14.11 or from failure to comply with the Contract Documents or the terms of any special guarantees specified theceia; however, it will not consti- tute a waiver by OWNER of any rights in respcct of *See SupplementarX Conditions CONTRACTOR's continuing obligations undcr the Con- cract Documcnts; and 14.16.2. awaivcr of ail claims by CONTRACTOR against OWNER other than thosc prcviousiy made in writ- ing and still unsettled. ART[CLE IS-SUSPENSION OF WORK AND TERMINATION O µ•ner hlay Suspetrd IVork: 15.1. OWNER may, at any time and without cause, sus- pend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONT'RACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shatl resume the Work on the date so fixed. CONTRACfOR shall be allowed an increase in the Contcact Price or an extension of the Contract Time, or both, directly attributable to any suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. Owner May Terminale: 15.2. Upon the occurrence of any one or more of the following events: 15.2.1. if CONTRACTOR commences a voluntary case under any chapter of the Banl:ruptcy Code (I'ide 11, United States Code), as now or hereafter in effect, oc if CO"N- TRACTOR takes any equivalent or similar action-by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency; 15.2.2. if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is fited seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state faw in effect at the time relating to bankruptcy or insotvency; I5.23. if CONTRACTOR makes a general assignment for the benefit of creditors; , 15.2.4. if a tcustee. receiver, custodian or agent of CONTRACTOR is appointed under applicable law oc under contract, whose appointment or authocity to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such propeKy or for the purpose of general administration of such propecty for the benefit of CONTRACTOR's creditors; 15.2.5. iC CONTRACCOR admits in writing an inabil- ity to pay its dcbts generally as they become due; 15.2.6. iCCONTRACTOR persistently Cails to perCocm thc Work in accordancc with the Contract Documents 57