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<br />dae services of CONTRACTOR, exclude CONTRACTOR
<br />from the Site, and cake possession of the Worle and of aU
<br />COl'O'RACTOR's tools, appliances, c:oostruction equipment,
<br />and D'I.,.hi~ry at the Site, and use the same to the full extent
<br />they could be used by CONTRACTOR (without liability to
<br />CONTRACTOR for trespass or conversion), incorporate in
<br />the Worle all materials and equiplDCm stored at the Site or for
<br />which OWNER has paid CONTRACTOR but which arc
<br />stored elsewhere, and fU1i.sh the Worle as OWNER may deem
<br />expedient. In such case, CONTRACTOR shall not be
<br />entitled to receive any further payment until the Worle is
<br />fmished. If the unpaid balance of the Contract Price exceeds
<br />all claims, costs, losses, and damages (including but not
<br />limited to all fees and charges of engineers, architects,
<br />artonIe)'S, and other professionals and all coun or arbitration
<br />or other dispute resolution costs) sustained by OWNER
<br />arisiDg 0Ul of or relating to completing the Work. 'such excess
<br />will be paid' to CONTRACTOR. If such claims, costs,
<br />IOSSCI, IDd damages exceed such UDpaid balance,
<br />CONTRACJ'OR sbaII pay the difference to OWNER. Such
<br />claims, cosu. Iossea, aDd damages iDcurred by OWNER will
<br />be reviewed by ENGINEER as to their reasonableness and,
<br />wba1 so approved by ENGINEER, incorporated in a Change
<br />Order. When exercising any rights or remedies under this
<br />paragraph OWNER. shall DOt be required to obtain the lowest
<br />price for tbe Work performed.
<br />
<br />C. Where CONTRACTOR's services have been so
<br />terminated by OWNER, the termination will not affect any
<br />riabts or remedies of OWNER against CONTRACTOR then
<br />exUtiDg or which may thereafter accrue. Any retention or
<br />paymeat of moneys due CONTRACJ'OR by OWNER will
<br />DOC release CONTRACJ'OR fJOm liability.
<br />
<br />15.03 OWNER May Terminllle For CoflVt1li~e
<br />
<br />A. t1pcIIlleVal days wriaaa DOdce to. CONTRACJ'OR
<br />ad ENGINEIm, OWNER IDlY, widIom ~ aad'JridJout
<br />prejudice to lIlY odJer right 01' remedy of OWNER. elect to
<br />tenDiD.ue Ibe CoattacL In such case, CONTRACTOR shall
<br />be paid (\lVitbout duplication of any items):
<br />
<br />.
<br />
<br />engineers, architects, attorneys, and olher professionals
<br />and all coun or &!biuatioD or other dispute resolution
<br />costs) incurred in settlement of terminated CODUaCts
<br />with Subcontractors, Suppliers. and others; and
<br />
<br />4. for reasonable expenses directly attributable to
<br />termination.
<br />
<br />B. CONTRACTOR shall nol be paid on account of Joss
<br />of anticipated profits or revenue or olher economic loss
<br />arising out of or resulting from such tennination.
<br />
<br />15.04 CONTRAC/'OR May SlOp Wolt or Terminale
<br />
<br />A. If, through no act or fault of CONTRACTOR, the
<br />Work is suspended for more.:.tban '.90~consecutive days by
<br />OWNER m::under.auonferof counor..otbcr!public.autborky,
<br />or ENGINEER fails 10. act. '011 any.Appljcadoa for Plymem
<br />widUn 30 days afteril'.is .submitted...or OWNER fails for 30
<br />days to pay CONTRACTOR any IUIIl fmally delerJlUued 10
<br />be due, lhen CONTRACJ'OR may. upon seven dayI wriaen
<br />notice 10 OWNER and ENGINEER, and provided OWNER
<br />or ENGINEER do not remedy such suspensiOD or failure
<br />within that time, terminate the Contract and recover from
<br />OWNER payment OD the same terms u provided in
<br />paragraph 15.03. In lieu of termirillting the Contrad and
<br />without prejudice to any other right or remedy. if ENGI-
<br />NEER bu failed to act on an Application for Payment within
<br />30 days after it is submitted, or OWNER has failed for 30
<br />days to pay CONTRACTOR any IUIIl finally deten:lliaed to
<br />be due, CONTRACJ'OR may, seven days after wriIrca DOCk:e
<br />to OWNER and ENGINEER, slOp the Work UDdI pa)'lllall
<br />is made of aD such IIDOUDtI due CONTRACI'OR, iDcJudiDa
<br />interest tbereoa.. The pnwisiODs of this paninph 15.04 are
<br />DOt intended to preclude CONTRACTOR from. mJl~ .
<br />Claim UDder panpph 10.OS for an ~ ill CoaInct
<br />Price 01' CcIan:t T'IIIICI 01' odawise.far~ ar~
<br />dim:dy mrrn.IfJlbJe1D,OONTRAc:roR!..:,<<opp~. Wort
<br />u permitted by Ibis panpph. .. .
<br />
<br />ARTICLE 16 - DISPtrrE RESOLVTJON-
<br />
<br />I. for eompIefed and acc:eptabJe Wort eucuted in
<br />acc:ordance with die Coattact [)nrJlmetlts prior to the
<br />effective dare of cermination. iDcIudia& fair and 16.01 Me/hods and Proceduru
<br />reasoaable sums for overbead and profll on such Work;
<br />
<br />2. (or ~ IIlCfllined prior to tbe ctrecdve date
<br />o( ferndfUldoa in performiaa senic:a aDd fumisbinc
<br />labor, materials, or equipaar as required by the
<br />CoIdnci Dt-____ ia co~ wifh uncompleted
<br />Wort., plus fair ad ft'UJaabIc sums (or overhead IDd
<br />prorll 011 such expeusn:
<br />
<br />3. (or aD cWms. costs, losses, and damages
<br />(mclucfiDa but DOt limited to aD fea IDd charges of
<br />
<br />00700 - 41
<br />
<br />A. Dispute reaohllioa mecbods and proccdurea. if any,
<br />sbaII be u see forth fa die Supplementary CoadidOlll. II DO
<br />method and procedUR has beea see forda, aDd IUbjecc to die
<br />provisions of paragnpbI 9.09 aDd 10.05, OWNER ad
<br />CONTRACTOR IDlY exercise such ripca or ~re. u
<br />eitber Iby ocberwise have UDder die Coatract Dt-I~ or
<br />by Laws or Reguladoas in respect of any dispute.
<br />
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