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(including, but not limited to, failurl: to supply sufficient <br />skilled workers or suitable materials or equipment or <br />failure to adhere to the progress schcdule established under <br />paragraph 2.9 as revised from time to time); <br /> <br /> 15.2.7. if CONTRACTOR disregards Laws or Regu. <br />lations of any public body having jurisdiction; <br /> <br />15.2.8. if CONTRACTOR disregards the authority of <br />ENGINEER; or <br /> <br /> 15.2.9. if CONTRACTOR otherwise violates in any <br />substantial way any provisions of the Contract Docu- <br />ments; <br /> <br />OWNER may, after giving CONTRACTOR (and the gu. rely, <br />if there be one) seven days' written notice and to the extent <br />permitted by Laws and Regulations, terminate the services <br />of CONTRACTOR, exclude CONTRACTOR from the site <br />and take possession of the Work and of all CONTRACTOR's <br />tools, appliances, construction equipment and machinery at <br />the site and use the same to the full extent they could be used <br />by CONTRACTOR (without liability to CONTRACTOR for <br />trespass or conversion), incorporate in the Work all materials <br />and equipment stored at the site or for which OWNER has <br />paid CONTRACTOR but which arc stored elsewhere, and <br />finish the Work as OWNER may deem expedient. In such <br />case CONTRACTOR shall not be entitled to receive any <br />further payment until the Work is finished. If the unpaid <br />balance of thc Contract Price exceeds the direct, indirect and <br />consequential costs of completing the Work (including but <br />not limited to fees and charges of engineers, architects, attor- <br />neys and otb'er professionals and court and arbitration costs) <br />such excess will be paid to CONTRACTOR. If such costs <br />· exceed such unpaid balance, CONTRACTOR shall pay the <br />difference to OWNER. Such costs incurred by OWNER will <br />be approved as to reasonableness by ENGINEER and incor- <br />porated in a Change Order, but when exercising any rights <br />or remedies under this paragraph OWNER shall not be required <br />to obtain the lowest price for thc Work performed. <br /> <br /> 15.3. Where CONTRACTOR's services have been so <br />terminated by OWNER, thc termination will not affect any <br />rights or remedies of OWNER against CONTRA'"C~OR then <br />existing or which may thereafter accrue. Any retention or <br />payment of moneys due CONTRACTOR by OWNER will <br />not release CONTRACTOR from liability. <br /> <br /> 15.4. Upon seven days' written notice to CONTRAC- <br />TOR and ENGINEER, OWNER may, without cause and <br />without prejudice to any other right or remedy, elect to aban- <br />don the Work and terminate the Agreement. In such case, <br />CONTRACTOR shall be paid for all Work executed and any <br />expense sustained plus reasonable termination expenses, which <br />will include, but not be limited to, direct, indirect and con- <br />sequential costs (includ!ng, but not limited to, fees and charges <br />of engineers, architects, attorneys and other professionals <br />and court and arbitration costs). <br /> <br />Contractor 3fay Stop Wot& or Terminate: <br /> <br /> 15.5. If, through no act or fault of CONTRACTOR, the <br />Work is suspended for a period of more than ninety days by <br />OWNER or under an order of court or other public authority, <br />or ENGINEER fails to act on any Application for Payment <br />within thirty days after it is submitted, or OWNER fails for <br />thirty days to pay CONTRACTOR any sum finally deter- <br />mined to be due, then CONTRACTOR may, upon seven <br />days' written notice to OWNER and ENGINEER, terminate <br />the Agreement and recover from OWNER payment for all <br />Work executed and any expense sustained plus reasonable <br />termination expenses. In addition and in lieu of terminating <br />the Agreement, if ENGINEER has failed to act on an Appli- <br />cation for Payment or OWNER has failed to make any pay- <br />ment as aforesaid, CONTRACTOR may upon seven.days' <br />written notice to OWNER and ENGINEER stop the Work <br />until payment of all amounts then due. The provisions of thls <br />paragraph shall not relieve CONTRACTOR o f the obligations <br />under paragraph 6.29 to carry on the Work in accordance <br />with the progress schedule and without delay during disputes <br />and disagreements with OWNER. <br /> <br />Article 16 deleted and page omitted'intentionally. <br /> <br />[The remainder of this page was left blank intentionally.] <br /> <br /> <br />