04-B Asbestos Abatement Bid - Laserfiche WebLink

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ERI Consulting, Inc. prejudice to any right or remedy and after givin~ the Contractor and his surety, if any, ten (10) days written notice, terminate the employment of the Contractor and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor. Should the surety fail to pursue completion of the Work with reasonable speed, .k_ Owner may arrange for completion of the Work and deduct the cost thereof from the unpaid Contract sum remaining, including the cost of additional Engineer/Project Manager services made necessa-'-?' by such default or neglect, in which event no further payment shall then be made by the Owner until all costs of completing the Work shall have been paid. 4.4.3 If the unpaid balance of the Contract sum exceeds the costs of finishing the Work, including compensation for ~ke Engineer/Project Manager's additional services made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor or his surety shall pay the difference to the Owner. This obligation for payment shall survive the termination of the Contract. ARTICLE V. CONTRACT RESPONSIBILITIES 5.1 OWNER'S RESPONSIBILITIES: The Owner shall furnish all surveys describing the physical characteristics, legal description and limitations, site utility locations and other information necessary to the Contractor which is under the Owner's control. Communication with the Contractor shall be through the Engineer/Project Manager unless otherwise stipulated in writing. Necessary actions of the Owner including processing of payments to the Contractor shall be accomplished with reasonable promptness. The Owner shall pay for all sample collection and laboratory analysis and routine testing of materials agreed by the Owner and Engineer/Project Manager to be required by the Contract Documents, excepting for retesting required by failure of the initial test. 5.2 OWNER-CONTRACTOR OBLIGATIONS: The Owner and the Contractor each binds himself, his partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in the Contract Documents. The Contractor shall not assign the Contract or sublet it as a whole without the written consent of the ~ner, nor shall the Contractor assign any monies due or to become due to him hereunder, without the previous written consent of the Owner.