07-E T-Hangar Contract Award - Laserfiche WebLink

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(including, but not limited to, failure: to supply sufficient 15.3. Where CONTRACTOR's services have been so skilled workers or suitable materials or equipment or terminated by OWNER, the termination will not affect any failure to adhere to the progress schedule established under rights or remedies of OWNER against CONTRACTOR then paragraph 2.9 as revised from time to time): existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will 15.2.7. if CONTRACTOR disregards Laws or Re;u- not release CONTRACTOR from liability. lations of any public body having jurisdiction; 15.4. Upon seven days' written notice to CONTRAC- tS.2.8, if CONTRACTOR disregards the authority of TOR and ENGINEER, OWNER may, without cause and ENGINEER; or without prejudice to any other right or remedy, elect to aban- don the Work and terminate the Agreement. In such case, 15.2.9. if CONTRACTOR othenvise violates in any CONTRACTOR shall be paid for all Work executed and any substantial way any provisions of the Contract Docu- expensesustalnedplusreasonablelerminationexpenses,which merits; will include, but not be limited to, direct, indirect and con- sequential costs (including, but not limited to, fees and charges OWNER may, after giving CONTRACTOR (and the surety, of engineers, architects, attg.rneys and other professionals if there be one) seven days' written notice and to the extent and court and arbitration costs). permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's Contractor May Stop Work or Terminate: tools, appliances, construction equipment and machinery at 15.5. If, through no act or fault of COiqTRACTOR, the the site and use the same to the full extent they could be used Work is suspended for a period of more than ninety days by by CONTRACTOR (without liability to CONTRACTOR f9r OWNER or under an order of court or other public authority, trespass or conversion), incorporate in the Work all materials or ENGINEER fails to act on any Application for Payment and equipment stored at the site or for which OWNER has within thirty days after it is submitted, or OWNER fails for paid CONTRACTOR but which are stored elsewhere, and thirty days to pay CONTRACTOR any sum finally deter- finish the Work as OWNER may deem expedient. In such mined to be due, then CONTRACTOR may, upon seven case CONTRACTOR shall not he entitled to receive any days' written notice to OWNER and ENGINEER, terminate further payment until the Work is finished. If the unpaid the Agreement and recover from OWNER payment for all balance of the Contract Price exceeds the direct, indirect and Work executed and any expense sustained plus reasonable consequential costs of completing the Work (including but termination expenses. In addition and in lieu of terminating not limited to fees and charges ofengineers, architects, attor- the Agreement, if ENGINEER has failed to act on an Appli- heys and othir professionals and court and arbitration costs) cation for Payment or OWNER has failed to make any pay- such excess will be paid to CONTRACTOR. If such costs merit as aforesaid, CONTRACTOR may upon seven days' . exceed such unpaid balance, CONTRACTOR shall pay the written notice to OWNER and ENGINEER stop the Work difference to OWNER. Such costs incurred by OWNER will until payment of all amounts then due. The provisions of this be approved as to reasonableness by ENGINEER and incor- paragraph shall not relieve CONTRACTOR of the obligations porated in a Change Order, but when exercising any fights under paragraph 6.29 to carry on the Work in accordance or remedies under thls paragraph OWNER shall not be required with the progress schedule and without delay during disputes to obtain the lowest price for the Work performed, and disagreements with OWNER. Article 16 deleted and page omittedintentionally. [The remainder of this page was left blank intentionally.] 58