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<br />1. for completed and acceptable Work executed in
<br />accordam:e with the Comract Documents prior to the
<br />effective date of termination, including fair and 16.01 Melhods and Proc~durt!s
<br />rcascmable sums for overhead and profit on such Work;
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<br />the services of CONTRACTOR, exclude CONTRACTOR
<br />from the Site, and take possession of the Work and of all
<br />CONTRACTOR's tools, appliances. consuuction equipment,
<br />and machinery at the Site, and use !he same to the full extent
<br />they could be used by CONTRACTOR (wi!hout liability to
<br />CONTRACTOR for trespass or conversion), incorporate in
<br />the Work all materials and equipment stored at the Site or for
<br />which OWNER has paid CONTRACTOR but which are
<br />stored elsewhere, and fanish the Work as OWNER may deem
<br />expedient. In such case. CONTRACTOR shall not be
<br />entitled to receive any further payment until !he Work is
<br />fmished. If the Wlpaid balance of the Contract Price exceeds
<br />all claims, costs, losses, and damages (including but not
<br />limited 10 all fees and charges of engineers, architects,
<br />attorneys, and o!her professionals and all coun or arbitration
<br />or other dispute. resolution costs) sustained by OWNER
<br />arising out of or relating to completing the Work, 'such excess
<br />will be paid'to CONTRACTOR. If such claims, costs,
<br />losses, aDd damages exceed such unpaid balance,
<br />CONTRACTOR shaD pay the difference to OWNER. Such
<br />claims, costS, losses, aDd damages incurred by OWNER will
<br />be reviewed by ENGINEER as to their rcasonahleuess and,
<br />when so approved by ENGINEER, incorporated in a Change
<br />Order. When exercising any rights or remedies under this
<br />paragraph OWNER shall not be required to obtain the lowest
<br />price for the Work performed.
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<br />C. Where CONTRACTOR's services have been so
<br />terminated by OWNER, the termination will not affect any
<br />rights or n:medies of OWNER against CONTRACTOR then
<br />existing or which may thereafter accrue. AIJy retention or
<br />payment of moocys due CONTRACTOR by OWNER will
<br />DOt release CONTRACTOR from liability.
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<br />15.03 OWNER May Tennintzle For Convenience
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<br />A. Upcm ICYCI1 days wriaeo DOtice 10. CONTRACTOR
<br />and ENGINEER.. OWNER IDlY, without ~ ao~hPlitbout
<br />prejudice 10 any other right or remedy of OWNER, elect to
<br />ICrJI:liDaIc Ibc Comract. In such c:asc, CONTRACTOR shall
<br />be paid (witbout duplication of any items):
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<br />2. for CJPCDSCS susWoed prior to cbe effective date
<br />of term.ioation in perfol1lliD& services aad fumisbing
<br />labor. materials, or equipmcm as required by the
<br />Coolnd DocuWDIS ill coDDCdion with uncompleted
<br />Wort, plus fair aad reasoaable sums for overhead and
<br />profit on such expeD5CS;
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<br />3. for all claims, costs, losses, and damages
<br />(mcluding but DOt limited to all fees and charges of
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<br />engineers, architects, attorneys, and other pro(essiooals
<br />and all coon or arbitration or other dispute resolution
<br />costs) incurred in settlement of terminated contracts
<br />with Subcontractors, Suppliers, and others; and
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<br />4. (or reasonable expenses dircctly attributable to
<br />termination.
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<br />B. CONTRACTOR shall not be paid on account of loss
<br />of anticipated profits or revenue or other economic loss
<br />arising out of or resulting from such termination.
<br />
<br />15.04 CONrRACTOR May SlOp Work or TerminaJe
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<br />A. If, through no act or fault of CONTRACTOR, the
<br />Work is suspended for more.:.tban :90.~coDSccutive days by
<br />OWNER or.:uoder"an order of coon or:otber.public"authority,
<br />or ENGINEER falls lO.act:on any. Application for Payment
<br />within 30 days after 'It-.is .submitted;'or OWNER fails for 30
<br />days to pay CONTRACTOR any sum fmally determined to
<br />be due, then CONTRACTOR may, upon IeVCD days written
<br />notice to OWNER and ENGINEER, and provided OWNER
<br />or ENGINEER do not remedy such suspeosion or failure
<br />within that time, terminate the Contract and recover from
<br />OWNER payment on the same terms as provided in
<br />paragraph IS.03. In lieu of terminating the Contract and
<br />without prejudice to any other right or remedy, if ENGI-
<br />NEER has failed to act on an Application' for PaymCDl within
<br />30 days after it is submitted, or OWNER has failed for 30
<br />days to pay CONTRACTOR any sum fioally determined to
<br />be due, CONTRACTOR may, seven days after written notice
<br />to OWNER and ENGINEER, stop the Wort UDtil payment
<br />is made of all such amOUDtl due CONTRACTOR, includiD&
<br />interest thereon. The provisions of this parairaph 15.04 are
<br />DOt intended 10 preclude CONTRACTOR from mAn.,g a
<br />Claim UDder paragraph 10.OS for an adjustmeD1 in Coottact
<br />Price or Coatr3cI T'1IDeS or otherwise.far GpeDSeI or damage
<br />d.in:ctIy attributab1c'fO.ooNTRAc:reR!$::etopplDl".dIe Work
<br />as permitted by this paragraph. ,'. .
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<br />ARTICLE 16 - DISPUTE RESOU:1TION-
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<br />A. Dispute resolution methods and procedures, if any,
<br />shall be as sct forth in the SupplcmCDlal)' Cooditioos. If DO
<br />method and procedure has been set fonh, and subject to Ibc
<br />provisions of paragraphs 9.09 and 10.05, OWNER and
<br />CONTRACTOR may exercise such rights or remedies as
<br />either my otbcrwisc have UDder the Contract DocumeDts or
<br />by Laws or RcguladoDS in respect of any dispute.
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