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12-28-2015 Council Packet
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12-28-2015 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
12/28/2015
Council Meeting Type
Regular
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remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the <br />Work performed. <br />D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor's services will not be terminated <br />if Contractor begins within seven days of receipt of notice of intent to terminate to correct its <br />failure to perform and proceeds diligently to cure such failure within no more than 30 days of <br />receipt of said notice. <br />E. Where Contractor's services have been so terminated by Owner, the termination will not affect <br />any rights or remedies of Owner against Contractor then existing or which may thereafter <br />accrue. Any retention or payment of moneys due Contractor by Owner will not release <br />Contractor from liability. <br />F. If and to the extent that Contractor has provided a performance bond under the provisions of <br />Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of <br />Paragraphs 15.02.B and 15.02.C. <br />15.03 Owner May Terminate For Convenience <br />A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and <br />without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, <br />Contractor shall be paid for (without duplication of any items): <br />1. completed and acceptable Work executed in accordance with the Contract Documents prior <br />to the effective date of termination, including fair and reasonable sums for overhead and <br />profit on such Work; <br />2. expenses sustained prior to the effective date of termination in performing services and <br />furnishing labor, materials, or equipment as required by the Contract Documents in <br />connection with uncompleted Work, plus fair and reasonable sums for overhead and profit <br />on such expenses; <br />3. all claims, costs, losses, and damages (including but not limited to all fees and charges of <br />engineers, architects, attorneys, and other professionals and all court or arbitration or other <br />dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, <br />Suppliers, and others; and <br />4. reasonable expenses directly attributable to termination. <br />B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other <br />economic loss 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, (i) the Work is suspended for more than 90 <br />consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer <br />fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner <br />fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, <br />EJCDC C-700 Standard General Conditions of the Construction Contract <br />Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. <br />Page 61 of 62 <br />00 72 05 <br />
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