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ERI Consulting, Inc. <br /> <br />-- defects which may develop in the other separate contractor's work <br /> <br /> after the execution of this Contractor's work. <br /> <br /> 4.3.2 Should this Contractor cause damaffe to the work or property of any <br /> separate contractor on the Project, this Contractor shall, upon due <br /> notice, endeavor to settle with such other contractor by agreement. <br /> If such separate contractor sues the Owner on account of any darmage <br /> alleged to have been so sustained, the Owner shall notify this <br /> <br />-- Contractor who shall defend such proceedings and pay all costs in <br /> connection therewith, and if any judgment against the Owner arises <br /> therefrom, this Contractor shall pay or satisfy it. <br /> <br /> 4.3.3 This Contractor shall afford other contractors reasonable opportunity <br /> for the introduction and storage of their materials and equipment and <br /> the execution of their work and shall properly connect and coordinate <br /> his work with theirs. <br /> <br /> 4.4 COAITRACT TER14INATION: <br /> <br /> 4.4.1 Termination by Contractor. If the Work is stopped for a period of <br /> ninety (90) days under an order of any court or other public authority <br /> having jurisdiction, or as a result of an act of government, such as <br /> a declaration of a national emergency making materials unavailable, <br /> through no act or fault of the Contractor or Subcontractor or their <br /> agents or employees or any other persons performing any of the Work <br /> under a contract with the Contractor, then the Contractor may, upon <br /> ten (10) additional days written notice to the Owner and the <br /> <br />-- Engineer/Project Manager, terminate the Contract and recover from the <br /> Owner payment for all Work executed and for any loss sustained upon <br /> <br />-- any materials, equipment, tools, construction equipment and machinery, <br /> <br /> including reasonable profit and damages. If the Work is recommenced <br /> during the ten (10) days notice period, the Contractor may not <br /> terminate the Contract. <br /> <br /> 4.4.2 Termination by Owner. If the Contractor is adjudged as bankrupt, or <br /> if he makes a general assignment for the benefit of his creditors, or <br /> if a receiver is appointed on account of his insolvency, or if he <br /> <br />-- persistently or repeatedly refuses or fails, except in cases for which <br /> extension of time is provided, to supply enough properly skilled <br /> workmen or proper materials, or persistently disregards laws, <br /> ordinances, rules, regulations or orders of any public authority <br /> having jurisdiction or otherwise is guilty of a substantial violation <br /> of a provision of the Contract Documents, then the Owner may, without <br /> <br /> 4/lX/03 6 <br /> <br /> <br />