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<br />4. CONTRACTOR's vio1ation in III)' substantial <br />r way of any provisioas of Ibc CoDtract l)ocumCDtS. <br /> <br />B. If ODe or more of dJe evCDtS ideDtifaed in paragra( <br />1S.02.A occur, OWNER may, a&r giving CONTRACTO. <br />(and the surety, if 11I)') seven days written DOCioc, terJDinate <br /> <br />00700 - 40 <br /> <br />B. Review of Application and Acceptance <br /> <br />1. If, on the basis of ENGINEER's observation of <br />the Work during construction and fmal inspection, and <br />ENGINEER's review of the fmal Application for <br />Payment and accompanying documentation as required <br />by the Conuact Documents, ENGINEER is satisftcd that <br />the Work has been completed and CONTRACTOR's <br />other obligations under the Contract Documents have <br />been fulfilled, ENGINEER will, within ten days after <br />receipt of the fmal Application for Payment, indicate in <br />writing ENGINEER's recommendation of payment and <br />present the Application for Payment to OWNER for 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 will. return <br />the Application for PaymePl to CONTRACTOR, <br />indicating in writing the reasons for :-efusing to <br />recommend fmal payment, in which case CON- <br />TRACTOR shall make the necessary corrections and <br />resubmit the Application for Payment. <br /> <br />C. paymenr 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, wiJI be paid by OWN- <br />ER to CONTRACTOR. <br /> <br />14.08 Final Completion Delayed <br /> <br />A. If, through 110 fault of CONTRACTOR, fmal <br />completion of the Work is signiflClDdy delayed, and if <br />ENGINEER 10 CODfimIs, OWNER. sbaIl, upon receipt of <br />CONT'llACI'OR'. fiDal Applk-~ for Paymcat aod <br />~satinn of ENGINEER.. and wid10ut tcrmimrtit1g the. <br />~. make pa)rmem of the balaoce due for that portion <br />of b Work fully completed and accepted. If the remaining <br />balance 10 be held by OWNER for Work not fully completed <br />or corrected is less than the retainage stipulated in the <br />A&(~meut. aad if Boods have bccD furnished as required in <br />paragraph S.Ol, the written consent of the surety to the <br />payment of lbc balance due for that portion of the Wort fully <br />compleced and accepted shall be submitted by CON- <br />TRACTOR to ENGINEER with the Application for such <br />paymcat. Such paymem sball be made under the termS and <br />coadidoas govemiDg fiDa1 payment, except -that it.sball not <br />c:oastiQ.ttC a waiver of CJaims, <br /> <br />14.09 Waiwr of Otzims <br /> <br />A. The maIdDg aad acccpWlCe of fmal paymCDt will <br />CODStitute: <br /> <br />n <br /> <br />LJ <br /> <br />1. a waiver of all Claims by OWNER against n <br />CONTRACTOR, except Claims arising from unsettled <br />Liens, from defective Work appearing after fi LJ <br />inspection pursuant to paragraph 14.06, from failure _ <br />comply with the Contract Documents or the terms of any n <br />special guarantees specified therein, or from LJ <br />CONTRACTOR's continuing obligations WIder the <br />Contract Documents; and n <br /> <br />LJ <br />2. a waiver of all Claims by CONTRACTOR <br />against OWNER other than those previously made in n <br />writing which are still unsettled. <br /> <br />LJ <br /> <br />ARTICLE 15 - SUSPENSION OF WORK AND <br />TERMINATION <br /> <br />II <br /> <br />u <br /> <br />n <br /> <br />.15.01 OWNER May Suspend Woric <br /> <br />u <br /> <br />A. At any time and without cause, OWNER may <br />suspend the Work or any. portion thereof for a period of not n <br />more than 90 consecutive days by notice in writing to CON- U <br />TRACTOR and ENGINEER which will fIX the date on which <br />Work will be resumed. CONTRACTOR shall resume the n <br />Work on the date so fIXed. CONTRACTOR shall be allowed u <br />an adjustment in the Contract Price or an exteosion of the <br />Contract Times, or both, directly attributable to any suc~ <br />suspension if CONTRACTOR makes a Claim therefor <br />provided in paragraph 10.05. <br /> <br />n <br /> <br />LJ <br /> <br />15.02 OWNER May TerminaJejor O:zuse <br /> <br />n <br />LJ <br /> <br />A. The oc:currcoce of any one or more of the following <br />events will justify termination for cause: <br /> <br />n <br />LJ <br /> <br />.1. CONTRAcroR's persistaIt fai1uae 10 pcri'orm <br />. .' --. ..thc'Wol'k'in'accordaDcc:with the Couttact DocuDlCDU <br />; ". (iDcluding;' butDOt limited 10, failure 10 supply sufficient <br />.. . skiUed:.workcrs' or..:suitable materials or .equipment or <br />failure to adhere to the progress schedule established <br />under paragraph 2.07 as adjusted from time to time <br />pursuant to paragraph 6.04); <br /> <br />n <br />u <br /> <br />n <br /> <br />LJ <br /> <br />2. CONTRACTOR's disregard of Laws or <br />Regulations of any public body having jurisdiction; <br /> <br />n <br /> <br />LJ <br /> <br />3. CONTRACTOR's disregard of the authority of n <br />ENGINEER; or <br /> <br />LJ <br /> <br />n <br /> <br />LJ <br /> <br />n <br /> <br />LJ <br /> <br />n <br /> <br />u <br />