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retainage stipulated in the Agreement, and if bonds Schedule established under Paragraph 2.07 as have been furnished as required in Paragraph 5.01, adjusted from time to time,pursuant to Paragraph the written consent of the surety to the payment of 6.04); the balance due for that portion of the Work fully completed and accepted shall be submitted by 2. Contractor's disregard of Laws or Regula- Contractor to Engineer with the Application for such tions of any public body having jurisdiction; payment. Such payment shall be made under the terms and conditions governing final payment, 3. Contractor's disregard of the authority of except that it shall not constitute a waiver of Claims. Engineer; or 14.09 Waiver of Claims 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. A. The making and acceptance of final pay- ment will constitute: B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving 1. a waiver of all Claims by Owner against Contractor (and surety ) seven days written notice of Contractor, except Claims arising from unsettled its intent to terminate the services of Contractor. Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure 1. exclude Contractor from the Site, and to comply with the Contract Documents or the terms take possession of the Work and of all Contractor's of any special guarantees specified therein, or from tools, appliances, construction equipment, and Contractor's continuing obligations under the machinery at the Site, and use the same to the full Contract Documents; and extent they could be used by Contractor (without liability to Contractor for trespass or conversion), 2. a waiver of all Claims by Contractor against Owner other than those previously made in 2. incorporate in the Work all materials and accordance with the requirements herein and equipment stored at the Site or for which Owner has expressly acknowledged by Owner in writing as still paid Contractor but which are stored elsewhere, and unsettled. 3. complete the Work as Owner may deem expedient. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive any further payment until the Work is 15.01 Owner May Suspend Work completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and A. At any time and without cause, Owner damages (including but not limited to all fees and - may suspend the Work or any portion thereof for a charges of engineers, architects, attorneys, and period of not more than 90 consecutive days by other professionals and all court or arbitration or notice in writing to Contractor and Engineer which other dispute resolution costs) sustained by Owner will fix the date on which Work will be resumed. arising out of or relating to completing the Work, Contractor shall resume the Work on the date so such excess will be paid to Contractor. If such fixed. Contractor shall be granted an adjustment in claims, costs, losses, and damages exceed such the Contract Price or an extension of the Contract unpaid balance, Contractor shall pay the difference Times, or both, directly attributable to any such to Owner. Such claims, costs, losses, and damages suspension if Contractor makes a Claim therefor as incurred by Owner will be reviewed by Engineer as provided in Paragraph 10.05. to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When 15.02 Owner May Terminate for Cause exercising any rights or remedies under this Paragraph Owner shall not be required to obtain the A. The occurrence of any one or more of the lowest price for the Work performed. following events will justify termination for cause: D. Notwithstanding Paragraphs 15.02.B and 1. Contractor's persistent failure to perform 15.02.C, Contractor's services will not be terminated the Work in accordance with the Contract if Contractor begins within seven days of receipt of Documents (including, but not limited to, failure to notice of intent to terminate to correct its failure to supply sufficient skilled workers or suitable materials perform and proceeds diligently to cure such failure or equipment or failure to adhere to the Progress within no more than 30 days of receipt of said notice. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-12 03/12 11-4179