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<br />B. Review 01 Application iJNJ AcceplQ/lce <br /> <br />I. If, on Ihc basis o( ENGINEER's observation o( <br />the Work during construCtion and nnal inspection, and <br />ENGINEER's review of the (mal Application for <br />Payment and accompanying documentation as required <br />by the ContraCt DocumenlS, ENGINEER is satisfied dlat <br />the Work has been completed and CONTRACTOR's <br />other obligations under Ihc Contract Documents have <br />been fulfilled, ENGINEER will, within ten days after <br />receipt of the (mal Application for Payment, indicate in <br />writin& ENGINEER's recommendation of payment and <br />present the Application for Payment to OWNER (or pay- <br />ment. At the same time ENGINEER will also give <br />written notice to OWNER and CONTRACTOR that the <br />Work is acceptable subject to the provisions of <br />paragraph 14.09. Otherwise, ENGINEER win return <br />the Application for Payment to CONTRACTOR, <br />indicating in writing the reasoDS for :-efusina to <br />recommend fmal payment, in which case CON- <br />TRACTOR sball make the necessary corrections and <br />resubmit the Application for Payment. <br /> <br />C. PayIMnJ Becomes Due <br /> <br />1. Thirty days after the presentation to OWNER of <br />the Application for Payment and accompanying docu. <br />mentation, the amount recommended by ENGINEER <br />will become due and, when due, will be paid by OWN- <br />ER to CONTRACTOR. <br /> <br />14.08 Fwd Compktion Delayed <br /> <br />A. If, through DO fault of CONTRACTOR. fmal <br />complecio1l of the Wode is 1.&Jl;fitoJtnrly delayed, and if <br />ENGINEER 10 caafimII, OWNER IbaIl. upoa receipt of <br />CON1'llACJ'OR'I fiul Applicltbl foI' PayIDID aad <br />reoom--'lIfInn of ENGINEER. _ widIaullerm~ die. <br />AgnlemeDf, mab pajmcm or tbc baJaDce clue for dill ponioD <br />of Ibe Wort fully completed aad ac:c:cpced. If the l'r"t1ining <br />~I~ to be held by OWNER for Work DOt fully completed <br />or corrected is less dwl the retainage stipulated in me <br />Agn:emeat, aad if Boads bave been fumisbcd as required in <br />paragraph S.01, the wriaen CODSCDt of the surety to the <br />paymeal of Ihc hlllI~ due for that portion of Ihc Work fully <br />completed and KcepCed sball be submitted by CON- <br />TRACTOR to ENGINEER wid1 die Applicatiml for such <br />paymeDl. Suda paymeDl abaU be made UDder the tenDS and <br />coadidoDI govemiD& fiDaI paymeal, elU:ept that k.1baJ1 DOC <br />coasticur.e . waiver of Claims. <br /> <br />- <br />14.09 WaJwr '" Ooltu <br /> <br />1. a waiver of all Claims by OWNER against <br />CONTRACTOR, except Claims arisiq from unsettled <br />Uens, (rom defective Work appearing after fmal <br />inspection pursuaDlto paragraph 14.06, from failure to <br />comply with the CoDttaCt Documents or the terms of any <br />special guaranteeS specified therein, or from <br />CONTRACTOR's continuing obligations under the <br />ContraCt Documents; and <br /> <br />2. a waiver of all Claims by CONTRACTOR <br />against OWNER other than those previously made in <br />writing which arc still WlSettled. <br /> <br />ARTICLE IS - SUSPENSION OF WORK AND <br />TERMINATION <br /> <br />IS.01 OWNER May Suspend Wolt <br /> <br />A. At any time aDd without cause, OWNER. may <br />suspeud the Work or any. portion thereof for a period of DOt <br />more than 90 consecutive days by notice in writing to CON- <br />TRACTOR and ENGINEER which will fix the date on which <br />Work will be resumed. CONTRACTOR sba1l resume the <br />Work on the date so fJ.XCd. CONTRACTOR shall be allowed <br />an adjustment in the Contract Price or an extension of the <br />ContraCt Times, or both, directly attributable to any such <br />suspension if CONTRACTOR malccs a Claim therefor as <br />provided in paragraph 10.0S. <br /> <br />IS.02 OWNER May TermintJleloT Cmae <br /> <br />A. 1be oc:currence of Ill)' ODe or more of the following <br />evems will justify termiDation for cause: <br /> <br />.1. CONTRACfOR'. penistc:aI faihR to perform <br />. . -. . .the 'W_'iD'lCCORIaDce~ the CoaInct Docurrms <br />. ;". (illdudiD&. buUIOl Iimifal to, faihR to supply JUfficieDl <br />sldllecl..workcrs' or..suitable marcria1s or.equipmcDt or <br />failure to adhere to the progress achedule establisbed <br />UDder paragraph 2.07 as adjusted from time to time <br />punuanl to paragraph 6.04); <br /> <br />2. CONTRACTOR', disregard of Laws or <br />Regulations of any public body baviD& jurisdiction; <br /> <br />3. CONTRACTOR's disregard of the audJority of <br />ENGINEER; or <br /> <br />of. CON11tACTOR'1 violadoa In aay JUbstaDdal <br />, way of any provisioas of the Cootract DocumeaU. <br /> <br />B. If oae or more of die evems lcIeadfiecIln pangnpb <br />15.02.A ocx:ur, OWNER may, after givia& CONTRACI'OR <br />(aad die 1Ul'dy. if my) JeVeIl days wriUal DOdce, fa1DiDate <br /> <br />00700 - 40 <br /> <br />A. The mslnl1g _ acceptaDCC of fmal paymeal will <br />c:oastitute: <br />