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et 0. Otherwise, ENGINEER will retu~ the Application 1o CON- TRACTOR. indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Appli- cation. Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropri- 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 OWNER to CONTRACTOR. 14.14. If, through no fault of CONTRACTOR, final com- pletion of the Work is significantly delayed and if ENGI- NEER so confirms, OWNER shall, upon receipt of CON- TRACTOR's final Application for Payment and recommen- dation of ENGINEER, and without terminating the Agree- ment, make payment of the balance due for that portion of the Work fully completod 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 ~onsent of the surety to the payment of the balance due for that portion of the Work fully eom- plated 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- eroing final payment, except that it shall not constitute a waiver of claims. Contractor's Conllnufng Obligation: 14.t5. CONTRACTOR's obligation to perform and com- plete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by ENGINEER, nor the issuance ora 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 part thereof by OWNER, nor any act of acceptance by OWNER nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor the issuance of a notice ofacceptabilky by ENGINEER pursuant to paragraph 14.13, nor any correction of defective Work by OWNER wi!l con- stitute an acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR's obli- gation to perform thc Work in accordance with thc Contract Documents (except as provided in paragraph 14.16). Waiver of CIMms: * 14.16. The maklng and aoceptance of final payment will 14.16.1. a waiver of all claims by OWNER against CONTRACTOR, cxcept claims arising from unsettled Liens, from defective Work appearing after final inspec- tion pursuant to paragraph 14. I I or from failure to comply with the Contract Documents or the terms orany special guarantccs specified therein; however, it will not consti- tute a waiver by OWNER of any rights in respect of CONTRACTOR's continuing obligations under the Con- tract Documents; and ~- 14.f6.2. a waiver of all claims by CONTRACTOR against OWN ER other than those previously made in writ- ing and still unsettled. ARTICLE 15--SUSPENSION OF WORK AND TERMINATION Owner May Suspend Work: 15.1. OWNER may. at any time and without cause, sus- pend the Work or any p~rtion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR ahd ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an increase in the Contract 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 I 1 and 12. Owner May Terminate: 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 Bankruptcy Code (Tide I 1, United States Code), as now or hereafter in effect, oi' if CON- '. TRACTOR takes any equivalent or similar action'by filiog ' 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 aa now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to bankruptcy or insolvency; 15.2.3. if CONTRACTOR makesa gener~l assignment for the benefit of creditors; 15.2.4. if a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law or under contract, whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR's croditora; 15.2.5. ir CONTRACTOR admits in writing an inabil- ity to pay its debts generally as they become duc; 15.2.6. ifCONTRACTOR persistently fails topefform thc Work in accordance with the Contract Documents *See Supplementary Condigiona 57