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<br />1. exclude Contractor from the Site, and take
<br />possession of the Work and of all Contractor's tools,
<br />appliances, construction equipment, and machinery at the
<br />Site, and use the same to the full extent they could be
<br />used by Contractor (without liability to Contractor for
<br />trespass or conversion),
<br />
<br />2. incorporate in the Work all materials and
<br />equipment stored at the Site or for which Owner has paid
<br />Contractor but which are stored elsewhere, and
<br />
<br />3. complete the Work as Owner may deem
<br />expedient.
<br />
<br />C. If Owner proceeds as provided in Paragraph
<br />I5.02.B, Contractor shall not be entitled to receive any
<br />further payment until the Work is completed. If the
<br />unpaid balance of the Contract Price exceeds all claims,
<br />costs, losses, and damages (including but not limited to all
<br />fees and charges of engineers, architects, attorneys, and
<br />other professionals and all court or arbitration or other
<br />dispute resolution costs) sustained by Owner arising out
<br />of or relating to completing the Work, such excess will be
<br />paid to Contractor. If such claims, costs, losses, and
<br />damages exceed such unpaid balance, Contractor shall
<br />pay the difference to Owner. Such claims, costs, losses,
<br />and damages incurred by Owner will be reviewed- by
<br />Engineer as to their reasonableness and, when so
<br />approved by Engineer, incorporated in a Change Order.
<br />When exercising any rights or remedies under this
<br />Paragraph Owner shall not be required to obtain the
<br />lowest price for the Work performed.
<br />
<br />D. Notwithstanding Paragraphs 15.02.B and
<br />15.02.C, Contractor's services will not be terminated if
<br />Contractor begins within seven days of receipt of notice
<br />of intent to terminate to correct its failure to perform and
<br />proceeds diligently to cure such failure within no more
<br />than 30 days of receipt of said notice.
<br />
<br />E. Where Contractor's services have been so
<br />tenninated by Owner, the termination will not affect any
<br />rights or remedies of Owner against Contractor then
<br />existing or which may thereafter accrue. Any retention or
<br />payment of moneys due Contractor by Owner will not
<br />release Contractor from liability.
<br />
<br />F. If and to the extent that Contractor has
<br />provided a perfonnance bond under the provisions of
<br />Paragraph 5.0I.A, the termination procedures of that bond
<br />shall supersede the provisions of Paragraphs 15.02.B, and
<br />15.02.C.
<br />
<br />15.03 Owner May Terminate For Convenience
<br />
<br />A. Upon seven days written notice to Contractor
<br />and Engineer, Owner may, without cause and without
<br />prejudice to any other right or remedy of Owner,
<br />tenninate the Contract. In such case, Contractor shall be
<br />paid for (without duplication of any items):
<br />
<br />1. completed and acceptable Work executed in
<br />accordance with the Contract Documents prior to the
<br />effective date of tennination, including fair and
<br />reasonable sums for overhead and profit on such Work;
<br />
<br />2. expenses sustained prior to the effective date
<br />of tennination in performing services and furnishing
<br />labor, materials, or equipment as required by the Contract
<br />Documents in connection with uncompleted Work, plus
<br />fair and reasonable sums for overhead and profit on such
<br />expenses;
<br />
<br />3. all claims, costs, losses, and damages
<br />(including but not limited to all fees and charges of
<br />engineers, architects, attorneys, and other professionals
<br />and all court or arbitration or other dispute resolution
<br />costs) incurred in settlement of tenninated contracts with
<br />Subcontractors, Suppliers, and others; and
<br />
<br />4. reasonable expenses directly attributable to
<br />tennination.
<br />
<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 tennination.
<br />
<br />15.04 ContNictor May Stop Work or Termiiiaie
<br />
<br />A. If, through no act or fault of Contractor, (i)
<br />the Work is suspended for more than 90 consecutive days
<br />by Owner or under an order of court or other public
<br />authority, or (ii) Engineer fails to act on any Application
<br />for Payment within 30 days after it is submitted, or (iii)
<br />Owner fails for 30 days to pay Contractor any sum fmally
<br />determined to be due, then Contractor may, upon seven
<br />days written notice to Owner and Engineer, and provided
<br />Owner or Engineer do not remedy such suspension or
<br />failure within that time, terminate the Contract and
<br />recover from Owner payment on the same tenns as
<br />provided in Paragraph 15.03.
<br />
<br />B. In lieu of terminating the Contract and
<br />without prejudice to any other right or remedy, if
<br />Engineer has failed to act on an Application for Payment
<br />within 30 days after it is submitted, or Owner has failed
<br />for 30 days to pay Contractor any sum fmally determined
<br />to be due, Contractor may, seven days after written notice
<br />to Owner and Engineer, stop the Work until payment is
<br />made of all such amounts due Contractor, including
<br />interest thereon. The provisions of this Paragraph 15.04
<br />are not intended to preclude Contractor from making a
<br />Claim under Paragraph 10.05 for an adjustment in
<br />Contract Price or Contract Times or otherwise for
<br />expenses or damage directly attributable to Contractor's
<br />stopping the Work as pennitted by this Paragraph.
<br />
<br />EJCDC C-700 Standard General Conditions of the Construction Contract.
<br />Copyright@ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
<br />00700 - 40
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