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The acceptance of final payment by CONTRACTOR or the Subcontractor for <br />materials and supplies shall constitute a waiver of claims by that payee except those previously made <br />in writing and identified by payee as unsettled at the time of final application for payment. <br />15.6 CITY'S Right to Withhold Payment. <br />The CITY may withhold in whole or in part, final payment or any progress payment <br />to such extent as may be necessary to protect itself from loss on account of: <br />15.6.1 Defective work not remedied. <br />15.6.2 Claims filed or reasonable evidence indicating the probable filing of claims by other <br />parties against the CONTRACTOR. <br />15.6.3 Failure of the CONTRACTOR to make payment to Subcontractors or Suppliers for <br />materials or labor. <br />15.6.4 Damage to another contractor not remedied. <br />15.6.5 Liability for liquidated damages has been incurred by the CONTRACTOR. <br />15.6.6 Reasonable evidence that the work cannot be completed for the unpaid balance of the <br />contract sum. <br />15.6.7 Reasonable evidence that the work will not be completed within the Contract time. <br />15.6.8 Failure to carry out the work in accordance with the Contract Documents. <br />When the above grounds are removed or resolved or the CONTRACTOR provides a surety <br />bond or consent of surety satisfactory to the CITY which will protect the CITY in the amount <br />withheld, payment may be made in whole or in part. <br />ARTICLE 16 - TERMINATION OF THE CONTRACT <br />16.1 CITY'S Right to Terminate with Cause. <br />Upon the occurrence of any one or more of the following events: <br />16.1.1 If CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy <br />Code as now or hereafter in effect, or if CONTRACTOR takes any equivalent or similar action by <br />filing a petition or otherwise under any other federal or state law in effect at such time relating to the <br />bankruptcy or insolvency. <br />16.1.2 If a petition is filed against CONTRACTOR under any chapter of the Bankruptcy <br />Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such <br />31 <br />