Reso 2016-2525 - Laserfiche WebLink

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of the CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents. 14.12 FINAL PAYMENT TERMINATES LIABILITY OF OWNER A. Final payment is defined as the last progress payment made to the CONTRACTOR for earned funds, less retainage as applicable, less deductions listed in Paragraph 14.9B herein. The acceptance by the CONTRACTOR of the final payment referred to in Paragraph 14.9 herein, shall be a release of the OWNER and its agents from all claims of liability to the CONTRACTOR for anything done or furnished for, or relating to, the Work or for any act or neglect of the OWNER or of any person relating to or affecting the Work, except demands against the OWNER for the remainder, if any, of the amounts kept or retained under the provisions of Paragraph 14.9 herein; and excepting pending, unresolved claims filed prior to the date of the Certificate of Substantial Completion/Notice of Completion. ARTICLE 15 -- SUSPENSION OF WORK AND TERMINATION 15.1 SUSPENSION OF WORK BY OWNER A. The OWNER, acting through the OWNER'S REPRESENTATIVE, may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety (90) days by notice in writing to the CONTRACTOR. The CONTRACTOR shall resume the Work on receipt from the OWNER'S REPRESENTATIVE of a notice of resumption of Work. The CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if the CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. 15.2 TERMINATION OF AGREEMENT BY OWNER (CONTRACTOR DEFAULT) A. In the event of default by the CONTRACTOR, the OWNER may give ten (10) days written notice to the CONTRACTOR of OWNER's intent to terminate the Agreement and provide the CONTRACTOR an opportunity to remedy the conditions constituting the default. It shall be considered a default by the CONTRACTOR whenever CONTRACTOR shall: (1) declare bankruptcy, become insolvent, or assign its assets for the benefit of its creditors; (2) fail to provide materials or workmanship meeting the requirements of the Contract Documents; (3) disregard or violate provisions of the Contract Documents or ENGINEER OF RECORD's instructions; (4) fail to prosecute the Work according to the approved progress schedule; or, (5) fail to provide a qualified superintendent, competent workmen, or materials or equipment meeting the requirements of the Contract Documents. If the CONTRACTOR fails to remedy the conditions constituting default within the time allowed, the OWNER may then issue the Notice of Termination. B. In the event the Agreement is terminated in accordance with Paragraph 15.2A, herein, the OWNER may take possession of the Work and may complete the Work by whatever method or means the OWNER may select. The cost of 00700-37/39