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<br />n <br /> <br />LJ <br /> <br />II <br /> <br />LJ <br /> <br />11 <br /> <br />LJ <br /> <br />n <br /> <br />LJ <br /> <br />n <br /> <br />LJ <br /> <br />n <br /> <br />LJ <br /> <br />n <br /> <br />u <br /> <br />n <br /> <br />LJ <br /> <br />II <br /> <br />LJ <br /> <br />n <br /> <br />LJ <br /> <br />11 <br /> <br />u <br /> <br />n <br /> <br />LJ <br /> <br />n <br /> <br />LJ <br /> <br />n <br /> <br />LJ <br /> <br />n <br /> <br />LJ <br /> <br />II <br /> <br />~ <br /> <br />n <br /> <br />LJ <br /> <br />n <br /> <br />LJ <br /> <br />II <br /> <br />LJ <br /> <br />B. Review of Application and Acceptance <br /> <br />1. If, on Ihe basis of ENGINEER's observation of <br />Ihe Work during construction and fmal inspection, and <br />ENGINEER's review of Ihe fmal Application for <br />Payment and accompanying documentation as required <br />by the Contract Documents, ENGINEER is satisfied Ihat <br />Ihe Work has been completed and CONTRACTOR's <br />other obligations under the Contract Documents have <br />been fulfilled, ENGINEER will, wilhin ten days after <br />receipt of the Cmal Application for Payment, indicate in <br />writing ENGINEER's recormnendation of payment and <br />present Ihe 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 Payment to CONTRACTOR, <br />indicating in writing the reasons for refusing to <br />recommend final payment, in which case CON- <br />TRACTOR shall make the necessary corrections and <br />resubmit the Application for Payment. <br /> <br />C. Payment 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 recormnended by ENGINEER <br />will become due and, when due, will be paid by OWN- <br />ER to CONTRACTOR. <br /> <br />14.08 Final Completion Delayed <br /> <br />A. If, through no fault of CONTRACTOR, final <br />completion of the Work is significantly delayed, and if <br />ENGINEER so confIrms, OWNER shall, upon receipt of <br />CONTRACTOR's final Application for Payment and <br />recommendation of ENGINEER, and without terrn;n:!rine the <br />Agreement, make paYment of the balance due for that portion <br />of the Work fully completed and accepted. If the remaining <br />balance to be held by OWNER for Work not fully completed <br />or corrected is less than the retainage stipulated in the <br />Agreement, and if Bonds have been furnished as required in <br />paragraph 5.01, the written consent of the surety to the <br />payment of the balance due for that portion of the Work fully <br />completed and accepted shall be submitted by CON- <br />TRACTOR to ENGINEER with the Application for such <br />payment. Such payment shall be made under the terms and <br />conditions governing final payment, except -that it shall not <br />constitute a waiver of Claims. <br /> <br />- <br />14.09 Waiver of Claims <br /> <br />A. The making and acceptance of final payment will <br />constitute: <br /> <br />1. a waiver of all Claims by OWNER against <br />CONTRACTOR, except Claims arising from unsettled <br />Liens, from defective Work appearing after fmal <br />inspection pursuant to paragraph 14.06, from failure to <br />comply with the Contract 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 olher Ihan Ihose previously made in <br />writing which arc still unsettled. <br /> <br />ARTICLE 15 - SUSPENSION OF WORK AND <br />TERMINATION <br /> <br />15.01 OWNER May Suspend Work <br /> <br />A. At any time and without cause, OWNER may <br />suspend the Work or any. portion thereof for a period of not <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 shall resume the <br />Work on the date so fIxed. 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 makes a Claim therefor as <br />provided in paragr~ph 10.05. <br /> <br />15.02 OWNER May TenninaJefor Cause <br /> <br />A. The occurrence of anyone or more of the following <br />events will justify termination for cause: <br /> <br />.1. CONTRACTOR's persistent failure to perform <br />-- - .the'Work.inaccordance~th the Contract Documents <br />(inc1uding,but.not limited to, failure to supply sufficient <br />skilled workers 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 />2. CONTRACTOR's disregard of Laws or <br />Regulations of any public body having jurisdiction; <br /> <br />3. CONTRACTOR's disregard of the authority of <br />ENGINEER; or <br /> <br />4. CONTRACTOR's violation in any substantial <br />,. way of any provisions of the Contract Documents. <br /> <br />B. If one or more of the events identifIed in paragraph <br />15.02.A occur, OWNER may, after giving CONTRACTOR <br />(and the surety. if any) seven days written notice, terminate <br /> <br />00700 - 40 <br />