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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, construction equipment,
<br />and machinery at the Site, and use the same to the full extent
<br />they could be used by CONTRACTOR (without 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 fuiish the Work as OWNER may deem
<br />expedient. In such case, CONTRACTOR shall not be
<br />entitled to receive any further payment until the Work is
<br />finished. If the unpaid balance of the Contract Price exceeds
<br />all claims, costs, losses, and damages (including but not
<br />limited to all fees and charges of engineers, architects,
<br />attorneys, and other professionals and all court 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, and damages exceed such unpaid balance,
<br />CONTRACTOR shall pay the difference to OWNER. Such
<br />claims, costs, losses, and damages incurred by OWNER will
<br />be reviewed by ENGINEER as to their reasonableness 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.
<br />C. Where CONTRACTOR's services have been so
<br />terminated 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
<br />not release CONTRACTOR from liability.
<br />15.03 OWNER May Terminate For Convenience
<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, elect to
<br />terminate the Contract. In such case, CONTRACTOR shall
<br />be paid (without duplication of any items):
<br />1. for completed and acceptable Work executed in
<br />accordance with the Contract Documents prior to the
<br />effective date of termination, including fair and
<br />reasonable sums for overhead and profit on such Work;
<br />' 2. for expenses sustained prior to the effective date
<br />of termination in performing services and furnishing
<br />labor, materials, or equipment as required by the
<br />Contract Documents in connection with uncompleted
<br />Work, plus fair and reasonable sums for overhead and
<br />profit on such expenses;
<br />3. for 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 terminated contracts
<br />with Subcontractors, Suppliers, and others; and
<br />4. for reasonable expenses directly attributable to
<br />termination.
<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 />15.04 CONTRACTOR May Stop Work or Terminate
<br />A. If, through no act or fault of CONTRACTOR, the
<br />Work is suspended for more,.than .90 - consecutive days by
<br />OWNER or.,under-an order of court or- other-public-authority,
<br />or ENGINEER fails to. 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 seven days written
<br />notice to OWNER and ENGINEER, and provided OWNER
<br />or ENGINEER do not remedy such suspension or failure
<br />within that time, terminate the Contract and recover from
<br />OWNER payment on the same terms as provided in
<br />paragraph 15.03. 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 Payment within
<br />30 days after it is submitted, or OWNER has failed for 30
<br />days to pay CONTRACTOR any sum finally determined to
<br />be due, CONTRACTOR may, seven days after written notice
<br />to OWNER and ENGINEER, stop the Work until payment
<br />is made of all such amounts due CONTRACTOR, including
<br />interest thereon. The provisions of this paragraph 15.04 are
<br />not intended to preclude CONTRACTOR from making a
<br />Claim under paragraph 10.05 for an adjustment in Contract
<br />Price or Contract Times or otherwise.for expemses.or damage
<br />directly attributable-to :CONTRACTOWs stopping-.the Work
<br />as permitted by this paragraph.
<br />ARTICLE 16 - DISPUTE RESOLUTION
<br />16.01 Methods and Procedures
<br />A. Dispute resolution methods and procedures, if any,
<br />shall be as set forth in the Supplementary Conditions. If no
<br />method and procedure has been set forth, and subject to the
<br />provisions of paragraphs 9.09 and 10.05, OWNER and
<br />CONTRACTOR may exercise such rights or remedies as
<br />either May otherwise have under the Contract Documents or
<br />by Laws or Regulations in respect of any dispute.
<br />[0-14K0141 Z. I
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