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<br />satisfactory to Owner to indemnify Owner against any
<br />Lien.
<br />
<br />..,
<br />.
<br />
<br />B. Engineer's Review of Application and
<br />Acceptance
<br />
<br />II
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<br />
<br />1. If, on the basis of Engineer's observation of
<br />the Work during construction and final inspection, and
<br />Engineer's review of the final Application for Payment
<br />and accompanying documentation as required by the
<br />Contract Documents, Engineer is satisfied that the Work
<br />has been completed and Contractor's other obligations
<br />under the Contract Documents have been fulfilled,
<br />Engineer will, within ten days after receipt of the final
<br />Application for Payment, indicate in writing Engineer's
<br />recommendation of payment and present the Application
<br />for Payment to Owner for payment. At the same time
<br />Engineer will also give written notice to Owner and
<br />Contractor that the Work is acceptable subject to the
<br />provisions of Paragraph 14.09. Otherwise, Engineer will
<br />return the Application for Payment to Contractor, indicat-
<br />ing in writing the reasons for refusing to recommend final
<br />payment, in which case Contractor shall make the
<br />necessary corrections and resubmit the Application for
<br />Payment.
<br />
<br />II
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<br />,.,
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<br />..,
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<br />.,
<br />.
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<br />C. Payment Becomes Due
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<br />..,
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<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, less
<br />any sum Owner is entitled to set off against Engineer's
<br />recommendation, including but not limited to liquidated
<br />damages, will become due and, will be paid by Owner to
<br />Contractor.
<br />
<br />..,
<br />.
<br />
<br />14.08 Final Completion Delayed
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<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 (for Work
<br />fully completed and accepted) and recommendation of
<br />Engineer, and without terminating the Contract, make
<br />payment of the balance due for that portion of the Work
<br />fully completed and accepted. If the remaining balance to
<br />be held by Owner for Work not fully completed or
<br />corrected is less than the retainage stipulated in the
<br />Agreement, and if bonds have been furnished as required
<br />in Paragraph 5.01, the written consent of the surety to the
<br />payment of the balance due for that portion of the Work
<br />fully completed and accepted shall be submitted by
<br />Contractor to Engineer with the Application for such
<br />payment. Such payment shall be made under the terms
<br />and conditions governing final payment, except that it
<br />shall not constitute a waiver of Claims.
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<br />..,
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<br />14.09 Waiver of Claims
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<br />A. The making and acceptance of final payment
<br />will constitute:
<br />
<br />1. a waiver of all Claims by Owner against
<br />Contractor, except Claims arising from unsettled Liens,
<br />from defective Work appearing after final inspection
<br />pursuant to Paragraph 14.06, from failure to comply with
<br />the Contract Documents or the terms of any special
<br />guarantees specified therein, or from Contractor's
<br />continuing obligations under the Contract Documents;
<br />and
<br />
<br />2. a waiver of all Claims by Contractor against
<br />Owner other than those previously made in accordance
<br />with the requirements herein and expressly acknowledged
<br />by Owner in writing as 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
<br />not more than 90 consecutive days by notice in writing to
<br />Contractor and Engineer which will fix_the _date on ~hich
<br />Work will be resumed. Contractor shall resume the Work
<br />on the date so fixed. Contractor shall be granted an adjust-
<br />ment in the Contract Price or an extension of the Contract
<br />Times, or both, directly attributable to any such
<br />suspension if Contractor makes a Claim therefor as
<br />provided in Paragraph 10.05.
<br />
<br />15.02 Owner May Terminatefor Cause
<br />
<br />A, The occurrence of anyone or more of the
<br />following events will justify termination for cause:
<br />
<br />1. Contractor's persistent failure to perform the
<br />Work in accordance with the Contract 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 />
<br />2. Contractor's disregard of Laws or Regulations
<br />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 way
<br />of any provisions of the Contract Documents.
<br />
<br />B. If one or more of the events identified in
<br />Paragraph 15.02.A occur, Owner may, after giving
<br />Contractor (and surety) seven days written notice of its
<br />intent to terminate the services of Contractor:
<br />
<br />.
<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 - 39
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