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Otherwise, ENGINHER will retum the Appli ation to CON- CONTRACTOR'S continuing obligations undcr the Con- TRACTOR, indicatinc.in writing the reasons Cor rcfusins to tract Documents: and - ~ recommend final payment, in which case C N'CRACTOR shall make the necessary corrections and resu mic the Appli- 14.16.2. awaiver of all claims by CONTRACTOR ca[ion. Thirty days aCter presentation to O NER of the againstOWNERotherthanthoscpreviouslymadei i Application and accompanying documentatio , in appropri- nwr t- ing and still unsetded. ate form and subseance, and with ENG[NEE 's recommen- dation and notice of acceptabi(ity, the amount recommended by ENGINEER will become due and will be p id by OWNER to CON'CRACTOR. ARTICLE IS-SUSPENS(ON OF WORK AND TERMINATION 14.14. If, through no fault of CONTRAC OR, final com- pletion of the Work is significantly delayed and if ENGI- OwnerMaySuspendlYork: NEER so confirms, OWNER shall, upon r ceipt of CON- 15.1. OV✓NER may, at any time and without cause, sus- TRACTOR'sfinalApplicationforPayment ndrecommen- pendtheWorkoranyportionthereofforaperiodofno[more dation of ENGINEER, and without termina ing the Agree- than ninety days by notice in writing to CON'fRACTOR and ment, make payment of the batance due for that portion of HNGINEER which will fix the date on which Work wilf be the Work fully completed and accepted. If the remaining resumed. CONTRACTOR shall resume the Work on the da[e balance to be held by OWNER for Work not lly completed so fixed. CONTRACTOR shall be allowed an increase in the or corrected is tess than the retainage stipufat d in the Agree- Contract Price or an ex[ension of the Contract Time, ot both, ment, and if Bonds have been fumished as re uired in para- directty attributable to any suspension if CONTRAC'fOR graph 5.1, the written consent of the surety o the payment makes an approved claim thereFor as provided in Articles I I of the balance due Cor tha( portion of the rk fully com- and 12. pleted and accepted shall be submitted by C NTRACTOR to ENGINEER with the Application for such ayment. Such payment shall be made under the terms and onditions gov- OwrterMayTermirsate: erning final payment, except that it shall n t constitute a 15.2. Upon the occurrence of any one or more of the waiver of ctaims. following events: A ~ Coetractor's Cortlirsuirt Obfi ti 15.2.1. ifCON'['RACI'ORcommencesavotuntarycase r~ g ga ars: under any chapter of the Bankruptcy Code (I'itle 11, Unitad 14.15. CONTRACTOR's obtigation to pe orm and com- States Code), as now or hereaC[er in effect, or if CON- plete the Work in accordance with the Cont ct Documents TRACTOR takes any equivatent or similar actionby filing shali be absolute. Neicher recommendation f any progress a petition or othenvise under any other federal or state or finai payment by ENGINEER, nor the iss ance of a cer- law in efTact at such time relating to the bankruptcy or tificate of Substantial Completion, nor an payment by insolvency; OWNER[oCONTRACTORundertheCont tDocuments, nor any use or occupancy of the Work or any art thereof by 15.2.2. if a petition is filed against CONTRACTOR OWNER, nor any act of acceptance by O NER nor any under any chapter of the Bankrup[cy Code as now or failure to do so, nor any review and appro al of a Shop hereafter in e[fect a[ the time of filing, or if a pe[ition is Drawing or sample submission, nor the issua ce of a notice filed seeking any such equivalent or similar relief against ofacceptabilitybyENGINEERpursuanttop ragraph 14.I3, CONTRAC'COR under any other federal or state law irt nor any correction of dejecrive Work by OW ER will con- effect at the time relating to bankruptcy or insolvency; stiwte an acceptance of Work not in acwr ance with the Contract Documenes or a release of CONTR CTOR's obli- 15.23. iCCONTRACTOR makes a general assignment gation to pedorm the Work in accordance wit the Contract for the bene6t oCcreditors; Documents (except as provided in paragraph 4.16). 15.2.4. if a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law or under iYaiver ajClaims: wntract, whose appointment or authoriry to take charge * t4.16. The making and acecptance of fina payment will of property oC CONTRACTOR is for the purpose oC constitute: enforcing a Lien against such propeRy or Cor the purpose oC general administration of such property (or the benefit 14.16.1. a waiver of aIi ciaims by O NER against oCCONTRACTOR's creditors; CONTRACCOR, except claims arising om unsettled Liens, from dejecrive Work appearing aft r final inspec- 15.2.5. if CONTRAC'COR admits in writing an inabil- tion pursuan[ to paragraph 14.11 or from fai ure to comply ity to pay its debu generally as Ihey become due; Q with the Contract Documents or the terms of any special . guarantees specified therein: however, it iii not consti- 15.2.6. ifCONTRACTORpersistcntiyfailstoperform tute a waiver by OWNER oC any rightsl in respect of the Work in accordance with the Contract Documents *See Supplementarp Conditions I 59