07-E T-Hangar Contract Award - Laserfiche WebLink

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Otherwise, ENGINEER will rctn~n the Application to CON- N · CO TRACTOR s con numg ob tgauons under the Con- TRACTOR, indicating in writing the reasons for refusing lO tract Documents; and recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Appli- 14.I6.2. a waiver of all claims by CONTRACTOR cation. Thirty days after presemalion lo OWN ER of the ~gainst OWNER other than those previously made in writ- Application and accompanying documentation, in appropri- mg and still unsettled. ate form and substance, and with ENGINEER's recommen- dation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWN ER lo CONTRACTOR. ARTICLE 15--SUSPENSION OF WORK AND TERMINATION 14.14. If, through no fault of CONTRACTOR, final com- pletion of the Work is significantly delayed and if ENGI- Owner~fay Suspend Work: NEER so confirms, OWNER shall, upon receipt of CON- 15.1. OWNER may, at any time and without cause, sus- TRACTOR's final Application for Payment and recommen- pend the Work orany p.o. rtion thereof for a period of not more dation of ENGINEER, and without terminating the Agree- than ninety days by notice in writing to CONTRACTOR and ment, make payment of the balance due for that portion of ENGINEER which will fix the date on which Work will be the Work fully completed and accepted. If the remaining resumed. CONTRACTORshallresumetheWorkonthedate balance to be held by OWNER for Work not fully completed so fixed. CONTRACTOR shall be allowed an increase in the or corrected is less than the retainage stipulated in the Agree- Contract Price or an extension of the Contract Time, or both, ment, and if Bonds have been furnished as required in para- directly attributable to any suspension if CONTRACTOR graph 5.1, the written consent of the surety to the payment makes an approved claim therefor as provided in Articles 11 of the balance due for that portion of the Work fully corn- and 12. pleted and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions gov- OwnerMay Terminate: erning final payment, except that it shall not constitute a 15.2. Upon the occurrence of any one or more of the waiver of claims, following events: 15,2.1. if CONTRACTOR commences a voluntary case Contractor'~r Continuing Obligation: under any chapter of the Bankruptcy Code (Tide I I, United 14.15. CONTRACTOR's obligation to perform and corn- States Code), as now or hereafter in effect, oi"if CON- plete the Work in accordance with the Contract Documents TRACTOR takes any equivalent or similar action'by fili~g shall be absolute. Neither recommendation of any progress a petition or otherwise under any other federal or state or final payment by ENGINEER, nor the issuance ora cer- law in effect at such time relating to the bankruptcy or tificate of Substantial Completion, nor any payment by insolvency; OWNER to CONTRACTOR under the Contract Documents, noranyuseoroccupancyoftheWorkoranypartthereofby 15.2.2. if a petition is filed against CONTRACTOR OWNER, nor any act of acceptance by OWNER nor any under any chapter of the Bankruptcy Code as now or failure to do so, nor any review and approval of a Shop hereafter in effect at the time of filing, or if a petition is Drawing or sample submission, nor the issuance of a notice filed seeking any such equivalent or similar relief against of acceptability by ENGINEER pursuant to paragraph 14.13, CONTRACTOR under any other federal or state law in nor any correction of defective Work by OWNER will con- effect at the time relating to bankruptcy or insolvency; stitate an acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR's obit- 15.2.3. /fCONTRACTORmakesagenera. lassignment gallon to perform the Work in accordance with the Contract for the benefit of creditors; Documents (except as provided in paragraph 14.16). 15.2.4. if a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law or under Waiver of Clalms: contract, whose appointment or authority to take charge * 14.16. The making and acceptance of final payment will of property of CONTRACTOR is for the purpose of constitute: enforcing a Lien against such property or for the purpose of general administration of such property for thc benefit 14.16.1. a waiver of all claims by OWNER against of CONTRACTOR's creditors; CONTRACTOR. except claims arising from unsettled Liens, from defective Work appearing after final inspoc- 15.2.5. ii'CONTRACTOR admits in writing an {nabil- lion pursuant to paragraph 14.11 or from failure to comply ity to pay its debts generally as they become due; with the Contract Documents or thc terms of special any guarantees specified therein: however, it will not consti- 15.2.6. ifCONTRACTORperaistentlyfailstoPerform lute a waiver by OWNER of any rights in rcspoct of thc Work in accordance with thc Contract Documents *See Supplementary Condi.tions 57