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Application for Payment within 30 days after it is E. Where Contractor's services have been submitted, or (iii) Owner fails for 30 days to pay so terminated by Owner, the termination will not Contractor any sum finally determined to be due, affect any rights or remedies of Owner against then Contractor may upon seven clays written notice Contractor then existing or which may thereafter to Owner and Engineer, and provided Owner or accrue. Any retention or payment of moneys due Engineer do not remedy such suspension or failure Contractor by Owner will not release Contractor from within that time, terminate the Contract and recover liability from Owner payment on the same terms as provided in Paragraph 15.03. F. If and to the extent that Contractor has provided a performance bond under the provisions B. In Iteu of terminating the Contract and of Paragraph 5.01 A, the termination procedures of without prejudice to any other right or remedy, if that bond shall supersede the provisions of Engineer has failed to act on an Application for Paragraphs 15.02 8.and 15 02.0 Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any 15.03 Owner May Terminate For Convenience sum finally determined to be due, Contractor may, seven days after written notice to Owner and A. Upon seven days written notice to Engineer, stop the Work until payment is made of all Contractor and Engineer, Owner may, without cause such amounts due Contractor, including interest and without prejudice to any other right or remedy of thereon. The provisions of this Paragraph 15.04 are Owner terminate the Contract. In such case, not intended to preclude Contractor from making a Contractor shall be paid for (without duplication of Claim under Paragraph 10.05 for an adjustment in any items): Contract Price or Contract Times or otherwise for expenses or damage directly attributable to 1.. completed and acceptable Work executed Contractor's stopping the Work as permitted by this in accordance with the Contract Documents prior to Paragraph the effective date of termination. including fair and reasonable sums for overhead and profit on such Work: ARTICLE 16-DISPUTE RESOLUTION 2. expenses sustained prior to the effective date of termination in performing services and fur- 16 01 Methods and Procedures rushing labor, materials,or equipment as required by the Contract Documents in connection with uncom- A Either Owner or Contractor may request pleted Work, plus fair and reasonable sums for mediation of any Claim submitted to Engineer for a overhead and profit on such expenses. decision under Paragraph 10.05 before such decision becomes final and binding The mediation 3. all claims costs, losses, and damages will be governed by the Construction Industry (including but not limited to all fees and charges of Mediation Rules of the American Arbitration engineers, architects, attorneys, and other Association in effect as of the Effective Date of the professionals and all court or arbitration or other Agreement, The request for mediation shall be dispute resolution costs) incurred in settlement of submitted in writing to the American Arbitration terminated contracts with Subcontractors, Suppliers, Association and the other party to the Contract and others,and Timely submission of the request shall stay the effect of Paragraph 10.05 E 4. reasonable expenses directly attributable to termination. B. Owner and Contractor shall participate in the mediation process in good faith. The process B. Contractor shall not be paid on account of shall be concluded within 60 days of filing of the loss of anticipated profits or revenue or other eco- request. The date of termination of the mediation nomic loss arising out of or resulting from such shall be determined by application of the mediation termination rules referenced above. 15.04 Contractor May Stop Work or Terminate C. If the Claim is not resolved by mediation, Engineers action under Paragraph 10.05.E or a A If,through no act or fault of Contractor,(i) denial pursuant to Paragraphs 10.05.C.3 or 10.05.0 the Work is suspended for more than 90 consecutive shall become final and binding 30 days after days by Owner or under an order of court or other termination of the mediation unless, within that time public authority, or (ii) Engineer fails to act on any period,Owner or Contractor EJCDC C-700 Stood tad General Conditions or the Construction Contract Cop}right C 2002 SationalSorirty of Professional Engineers for F.JCt7C All rights men td. 00700.43 03/12 11-4179