02 "T" Hangar Specs--Previous - Laserfiche WebLink

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(including, but not limitcd to, failurc to supply sufficicnt skilled workers or suitabic materials or equipmcnt or failure to adhere to the progress schcdule establishcd under paragraph 2.9 as reviscd from timc to timc); 15.2.7. if CONTRACTOR disregards Laws or Regu- lations of any public body having jurisdiction; 15.2.8. if CONTRACTOR disregards thc authority oC ENGINEER; or 15.2.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Docu- ments; OWNER may, after giving CONTRACTOR (and the surety, if there be one) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRAGTOR's tools, appliances, construction equipment and machinery at the site and use the same to the fuil extent they could be used by CONTRACTOR (without liability to CONTRACTOR for uespass orconversion), incorporate in the Work all 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 may deem expedient. In such case CONTRACTOR shaIl not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct, indirect and consequential costs of completing the Work (including but not limited to fees and charges of engineers, architects, attor- neys and other professionals and court and arbitration costs) such excess will be paid to CONTRAC'TOR. If such costs exceed such unpaid balance, CONTRACTOR sha(1 pay the difference to OWNER. Such costs incurred by OWNER will be approved as to reasonableness by ENGINEER and incor- porated in a Change Order, but when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work perfocmed. 15.3. «'hcre CONTRACTOR's serviccs have bcen so terminated by OWNER, the tcrmination will not afCecc any riFhts or remedies oCOWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER wi(I not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRAC- TOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy, elect to aban- don the Work and terminate the Agreement. In such case, CONTRACTOR shall be paid for all Nork executed and any expense sustained plus reasonable termination expenses, which will include, but not be (imited to, direct, indirect and con- scquential costs (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals and courc and arbi[ration costs). Conlractor 111ay Stop Work or Terminale: 15.5. If, through no act or fault of CONTRACT'OR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within thirty days af[er it is submitted, or OWNER fails for thiRy days to pay CONTRACTOR any sum finaliy deter- mined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, terminate the Agreement and recover from OWNER payment for all Work executed and any expense sustained plus reasonable termination expenses. In addition and in lieu of terminating the Agreement, if ENGINEER has fai(ed to act on an Appti- cation for Payment or OWNER has fai(ed to make any pay- ment as aforesaid, CONTRACTOR may upon seven.days' written notice to OWNER and ENGINEER stop the Work until payment of al( amounts then due. The provisions of this paragraph shall not relieve CONTRACTOR of the obligations under paragraph 6.29 to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with OWNER. Article 16 deleted and page omitted intentionally. [The remainder of this page was left blank intentionally.] 58