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t C. Payment Becomes Due
<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, will be paid by OWN-
<br />ER to CONTRACTOR.
<br />14.08 Final Completion Delayed
<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 terminating 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 />' 14.09 Waiver of Cun s
<br />A. The making and acceptance of final payment will
<br />constitute:
<br />1. a waiver of all Claims by OWNER against
<br />CONTRACTOR, except Claims arising from unsettled
<br />Liens, from defective Work appearing after final
<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 />2. a waiver of all Claims by CONTRACTOR
<br />against OWNER other than those previously made in
<br />writing which are still unsettled.
<br />ARTICLE 15 - SUSPENSION OF WORK AND
<br />TERMINATION
<br />15.01 OWNER May Suspend Work
<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 />Wort: 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 paragraph 10.05.
<br />15.02 OWNER May Terminate for Cause
<br />A. The occurrence of any one or more of the following
<br />events will justify termination for cause:
<br />1. CONTRACTOR's persistent failure to perform
<br />-the -Work in accordance writh the Coact Documents
<br />(including, 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 />2. CONTRACTOR's disregard of Laws or
<br />Regulations of any public body having jurisdiction;
<br />3. CONTRACTOR's disregard of the authority of
<br />ENGINEER; or
<br />4. CONTRACTOR's violation in any substantial
<br />r way of any provisions of the Contract Documents.
<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 />1 00700 -40
<br />B. Review of Application and Acceptance
<br />1. If, on the basis of ENGINEER's observation of
<br />the Work during construction and final inspection, and
<br />'
<br />ENGINEER's review of the final Application for
<br />Payment and accompanying documentation as required
<br />by the Contract Documents, ENGINEER is satisfied that
<br />'
<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 final 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 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 />'
<br />resubmit the Application for Payment.
<br />t C. Payment Becomes Due
<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, will be paid by OWN-
<br />ER to CONTRACTOR.
<br />14.08 Final Completion Delayed
<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 terminating 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 />' 14.09 Waiver of Cun s
<br />A. The making and acceptance of final payment will
<br />constitute:
<br />1. a waiver of all Claims by OWNER against
<br />CONTRACTOR, except Claims arising from unsettled
<br />Liens, from defective Work appearing after final
<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 />2. a waiver of all Claims by CONTRACTOR
<br />against OWNER other than those previously made in
<br />writing which are still unsettled.
<br />ARTICLE 15 - SUSPENSION OF WORK AND
<br />TERMINATION
<br />15.01 OWNER May Suspend Work
<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 />Wort: 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 paragraph 10.05.
<br />15.02 OWNER May Terminate for Cause
<br />A. The occurrence of any one or more of the following
<br />events will justify termination for cause:
<br />1. CONTRACTOR's persistent failure to perform
<br />-the -Work in accordance writh the Coact Documents
<br />(including, 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 />2. CONTRACTOR's disregard of Laws or
<br />Regulations of any public body having jurisdiction;
<br />3. CONTRACTOR's disregard of the authority of
<br />ENGINEER; or
<br />4. CONTRACTOR's violation in any substantial
<br />r way of any provisions of the Contract Documents.
<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 />1 00700 -40
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