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by the two arbiters so selected; or if the arbiters fail to select a third within ten (10) days,
<br />he shall be chosen by a District Judge serving the County in which the major portion of the
<br />project is located, unless otherwise specified. Should the party demanding arbitration fail to
<br />name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the
<br />decision of the ENGINEER shall be final and binding on him. Should the other party fail to
<br />choose an arbiter within ten (10) days, the ENGINEER shall appoint such arbiter. Should either
<br />party refuse or neglect to supply the arbiters with any papers or information demanded in
<br />writing, the arbiters are empowered by both parties to take ex parte proceedings.
<br />The arbiters shall act with promptness. The decision of any two shall be binding on both
<br />parties to the contract. The decision of the arbiters upon any question submitted to arbitration
<br />under this contract shall be a condition precedent to any right of legal action. The decision of
<br />the arbiter or arbiters may be filed in court to carry it into effect.
<br />The arbiters, if they deem the case demands it, are authorized to award the party whose
<br />contention is sustained, such sums as they deem proper for the time, expense and trouble incident
<br />to the appeal, and if the appeal was taken without reasonable cause, they may award damages for
<br />any delay occasioned thereby. The arbiters shall fix their own compensation, unless otherwise
<br />provided by agreement, and shall assess the cost and charges of the arbitration upon either or both
<br />parties. The award of the azbiters must be made in writing.
<br />7. ABANDONMENT OF CONTRACT
<br />7.01 ABANDONMENT BY CONTRACTOR. In case the CONTRACTOR should abandon
<br />and fail or refuse to resume work within ten (10) days after written notification from the OWNER,
<br />or the ENGINEER, or if the CONTRACTOR fails to comply with the orders of the ENGINEER,
<br />when such orders are consistent ~with the Contract Documents, then, and in that case, where
<br />performance and payment bonds exist, the Sureties on these bonds shall be notified in writing and
<br />directed to complete the work, and a copy of said notice shall be delivered to the CONTRACTOR.
<br />After receiving said notice of abandonment the CONTRACTOR shall not remove from the
<br />work any machinery, equipment, tools, materials or supplies then on the job, but the same,
<br />together with any materials and equipment under contract for the work, may be held for use on the
<br />work by the OWNER or the Surety on the performance bond, or another contractor in completion
<br />of the work; and the CONTRACTOR shall not receive any rental or credit therefor (except when
<br />used in connection with Extra Work, where credit shall be allowed as provided for under Section 6,
<br />Extra Work and Claims), it being understood that the use of such equipment and materials will
<br />ultimately reduce the cost to complete the work and be reflected in the final settlement.
<br />Where there is no performance bond provided or in ease tne Surety should fail to commence
<br />compliance with the notice for completion hereinbefore provided for, within ten (10) days after
<br />service of such notice, then the OWNER may provide for completion of the work in either of the
<br />following elective manners:
<br />7.01.1 The OWNER may thereupon employ such force of inen and use such machinery,
<br />equipment, tools, materials and supplies as said OWNER may deem necessary to complete the
<br />work and charge the expense of such labor, machinery, equipment, tools, materials and supplies
<br />to said CONTRACTOR, and expense so charged shall be deducted and paid by the OWNER out
<br />of such moneys as may be due, or that may thereafter at any time become due to the CONTRAC-
<br />TOR under and by virtue of this Agreement. In case such expense is less than the sum which would
<br />have been payable under this contract, if the same had been completed by the CONTRACTOR,
<br />then said CONTRACTOR shall receive the difference. In case such expense is greater than the sum
<br />which would have been payable under this contract, if the same had been completed by said
<br />CONTRACTOR, then the CONTRACTOR and/or his Surety shall pay the amount of such
<br />excess to the OWNER; or
<br />7.01.2 The OWNER under sealed bids, after five (5) days notice published one or more
<br />times in a newspaper having general circulation in the county of the location of the work, may
<br />let the contract for the completion of the work under substantially the same terms and conditions
<br />which are provided in this contract. In case any increase in cost to the OWNER under the new
<br />contract as compared to what would have been the cost under this contract, such increase shall be
<br />charged to the CONTRACTOR and the Surety shall be and remain bound therefor. However,
<br />should the cost to complete any such new contract prove to be less than what would have been
<br />the cost to complete under this contract, the CONTRACTOR and/or his Surety shall be credited
<br />therewith.
<br />G-13 Q Dy Texu Secoon, ASCE 1971
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