06-J Cox Field Water Main - Laserfiche WebLink

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(including, but not limitzd to, failure to supply~u(ficient skilled workers or suitable materials or equi mcnt or failure to adhere to the progress schedule establis ed under paragraph 2.9 as revised from time to time); 15.2.7. iC CONTRACTOR disregards Laws lations of any public body having jurisdiction; 15.2.8. if CONTRACTOR disregards the ENGINEER; or 15.2.9. if CONTRACTOR othenvise substantial way any provisions of the monts; OWNER may, after giving CONTRACTOR (and th if there be one) seven days' written notico and ta tl permi[ted by I,aws and Regula[ions, terminate the of CONTRACI'OR, exclude CONTRACTOR fron and take possession of the Work and of all CONTRp toals, appliances, construction equipment and mac the site and usc the same to the fult extent they coulo by CONTRACTOR (without liability to CONTRAC trespass orconversion), incorporate in the Work all i and equipment stored at the site or for which OWl paid CONTRACTOR but which are stored elsewt finish [he Work as OWNER may deem expedient. case CONTRACTOR shall not be entitled to rec further payment until the Work is finished. If th balance of the Contact Price exceeds the direct, ind consequential costs af completing the Work (inctu not limited to fees and charges of engineers, architec neys and other professionals and court and arbitrati such excess witl be paid to CONTRACT'OR. If sc exceed such unpaid balance, CONTRACTOR shaf difference to OWNER. Such costs incurred by OFVI be approved as to reasonableness by ENGINEER a porated in a Change Order, but when exercising a or remedies under this paragreph 0 WNER shall not be to obtain [he lowest price for [he Work performed. Article 16 deleted and page r Regu- ority of m any Dacu- sumty, : exmn[ ~ervices the site -'fOR's inery at be used "OR for IER has :re, and In such ive any unpaid rectand ling but s, actor- n costs) :h costs pay the ER will d incor- y rights 15.3. N'here CONTRACTOR's serviccs have bcen so terminated by OWNER, the termination will not allect any rights or remedies of OWNER against CONTRACTOR then existine or which may thereafter accrue. Any retention or payment of moneys duc CONTRACTOR by OWNER wiil not release CONTRACTOR from liability. 15.4. Upon seven days' wri[ten notice to CONTRAC- TOR and ENGINEER, OWNER may, without cause and without prejudice [o any other right or remedy, elect to aban- don the Work and terminate the Agreement. In such case, CONTRACCOR shall be paid for all Work executed and any expense sustained plus reasonable termination expenses, which will include, but not be Iimited to, direct, indirect and con- scquential costs (including, but not limited to, fees and charges of engineers, architects, a[[orneys and other professionals and court and arbitration costs). Confractor May Stop Work or Termirsale: 15.5. If, through no act or fault of C014TR4CTOR, the Work is suspended for a period of more than ninety days by O WNER or under an order of court or o[her pubfic authority, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted, or OWNER faits for thirty days to pay CONTRACTOR any sum finally deter- mined to be due, then- CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, terminate [he Agreement and recover from OWNER paymen[ for all Work executed and any expense sustained plus reasonable termination expenses. In addition and in lieu of termina[ing the Agreement, if ENGINEER has failed to act on an Appii- cation for Payment or OWNER has failed to make any pay- ment as aforesaid, CONTRACTOR may upon seven.days' written notice to ONNER and ENGINEER stop the Work un[il payment of all amounts then due. Tho provisions of this paregraph shall not relieve CONTRACTOR ofthe obligations under paragraph 6.29 to carry on the Work in accordance with the progress scheduk and without delay during disputes and disagreements with OWNER. intentionally. [The remainder of Ithis page was left blank intentionaily.] 60