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' Construction Contract
<br /> GENERAL CONDITIONS
<br /> ' S) I�after notice of termination of the Contractor's right to proceed pursuant to Paragraph 23(A)(2),it is determined for any reason
<br /> that the Contractor was not in default,or that its delays are excusable,or that the Owner is not entitled to the remedies against the Contractor provided
<br /> therein,then the Contractor's remedies against the Owner shall be fhe same as and limited to those afforded the Contractor under Paragraph 23(Ax�.
<br /> ' 6) The Owner shall have the right to tecminate this Contract without cause upon forty-eight(48)hours'written nodce to the Contractor.
<br /> In the event of such termination for convenience,the Contractor's rights against the Owner shall be timited to thai portion of the Contract Sum eamed
<br /> througlt the date of terminetioq together with all matcriais ordered(which shall btcome the property of Owner)and any retainage withheid,but the
<br /> Contractor shalS not be entiUed to any other or further relief against the Owner,including,but not limited to,anticipated profit on Work not performed.
<br /> i8. Contractor's Risht to Terrninate
<br /> If the Work is stopped for a period of ninety(90)days or more under an order of any court or other public authority having jurisdiction,or as a result of
<br /> � an act of govemment,such as a deciaration of a national emergency making materials euiavailable,through no act or fault of the Contractor or a Subcontractor or
<br /> theu agents a employees or any other person perfonning any of ihe Work under a contract with the Contractor,or ifffie Work is wholly or substantialty discontinued
<br /> for a period of sixty(60)days or more by the Ownes,the Contractor may terminate this Contract and such te�mination shall be effective forty-eight(48)hours after
<br /> the Ownex receives writt�notice thereo�and recover from the Owner payment for a11 Work executed and for any proven loss sustained upon any materials,
<br /> ' equipment,tools,construction equipment and machinery,including a prorated portion ofthe Contracior's fee.This Contract can only be terminated by the Contractor
<br /> pursuant to the terms ofthis Subparagraph(B).
<br /> C. The Contracto�s obligations arising out of this Conhact,including his obligations under Paragraph 40,(except any obligafion to wmplete
<br /> � the Work after termination)shall survive Eermination.
<br /> 24. LIENS
<br /> A. The Contractor shall comply with the provisions of applicable laws and regulations of the state in which the Project is situated with respect
<br /> , to such laws and regulations relating to the liability of tlie Owner for mecbanics'liens. 'fhe Conhactor agrees to take all precautions necessary to ensure that the
<br /> Owner's liability for me,chanics'liens and similar liens is limited to the greatest extent possible under the applicable lien laws. The Contractor shall also advise the
<br /> Owner of the Owner's obligations under applicable lien laws.To the fullest extent permilted by law,the Contractor waives any rights to file a mechanics'lien against
<br /> the property,and agrees not to su�'er or permit mechanics'or materialmen's liens to be filed or continued against any property of the Owner or its related companies
<br /> ' for services performed,ormaterials,machinery,and equipment fwnished in connection with the Projectbyhimsel�anySubcon�actor,Sub-subcontracWr,mechanic,
<br /> laborer,Supplier,or any offier pe�ort,firm or cocporation,for work performed on the Project pursuant to ffiis Contract by,through or under ihe Coatractor. In the
<br /> event that any such Gen shall be f led,the Cantractor agrees to tatce all steps necessary and prop�for the release and discharge of such lien in the manner required
<br /> by the law in the state in which the lien has been filed on receipt wiFhin seven(7)days of demand from the Owner,and in default of perfortning such obligation,agrees
<br /> � to reimburse the Owner,on demand,for all monies paid by the Ovmer in the releasing,satisfying,and discharging of such liens,encluding reasonable attomeys'fees.
<br /> B. Neither the Final Payment nor any part ofthe retained percentage shall become due until the Contractor shall deliver to the Owner a full az►d
<br /> final release of a!1 iiens arising out of the Conttact or rcceipts in fnll in lieu thereof,and if required in either case,an�davit that so faz as he has knowledge or
<br /> information,the releases and receipts include a11 the labor and materials for which a lien could be filed;but the Contractor may,if any of its Subcontractors refiue
<br /> � to fumish a receipt in full,fumish a bond satisfactory ro the Owner,to indemnify him against any liea If any lien remains unsatisfied after a11 payments ar�e made,
<br /> the Contractor shal(refund to the Ownec alt monies that the Iatter may be compelled to pay in discharging such lien,including all costs and reasonable attomeys'
<br /> fees.
<br /> ' 25. ASSIGNIVIENT AND THIRD PARTY BENEFICIARY
<br /> A. The Owner and the Conhactor each binds itsel�and its partners,successors,executors and administrators and assigns to the other party of
<br /> this Contract and to the pariners,successors,executors,admiaistrators and agsigns to such other party,with respect to all obligations contained in the Contract
<br /> ' Documents. The Owner may assign its rights and obligations under this Contract(including a collateral assigun�t thereo�at any time without the consent of the
<br /> Contractor,and the Contr�tor agrees to execute any documentallon with respect to such assignment promptly upon t6e Owner's request However,the ConUactor
<br /> shall not assign its obligations under this Conh�act or subEet as a whole withouE the prior written consent of the Owner,nor shall the Contractor assign any monies
<br /> due to it hereunder,without ihe prior written consent of the Owner. All assigvnents without the Owne�s prior written consent are void.
<br /> ' B. The Condactor agrees that each subcontract and all purchase orders executed by the Contracmr for this Project,and aU rights ofthe Contractor
<br /> thereunde,shall be assignable to the Owmer,or to another contractor designated by the Owrter,at the Own�'s option,without consent of the Svbcontractor or
<br /> Supplier,that upon sach an assignment becoming effective such Subcontractor or Supplier will be bound to the Ovmer,or such Contracta designated by the Owner,
<br /> as fuliy and in the same manner ac such Subcontractor is bound to the Contract�under such subcontract or purchase order;and that upon such assignment becnmiog
<br /> ' effective all sureties of the obligations of such Subcontractor shall be boond to the Oumer,or such contractor designafed by the Owner,as fully and in the same
<br /> manner as such svreries are bound to the Contractor. The Contractor furlhex agrees tke�to the extent permitted by applicable law,alt pemuts and licenses obtairnd
<br /> by the Contrector for the Project and all rights of the Contractor thereunder shall be assignable to the Owner,or to another Contractor designated by the Owner,at
<br /> the Owner's option,without the consent of the issuing entiry.
<br /> � C. Effective as of any tennination of this Contract,the Contractor shali be deemed to have assigned W the Ownef all of the Contractor's interest
<br /> in ihose subcontracts ar►d purchase orders entered into by the Contractor prior to tern►ination which the Owner specifically requests by written norice. Pursuant to
<br /> Subparagraph(B)above,ali subcontracts and purchase orders shall provide that they are freely assignable by the Contractor to the Owner aad it�assigns. Such
<br /> , assignments by ti�e Contractor shall not in any way be construed as the Owne�s assumption of the Conkactor's then-0utstanding obligations to ifs Subcontractors
<br /> and Supplie�s. The Owner shall be at liberty to negotiate with and engage(for itself or for any other contractors that the Owner engages to replace the Contractor)
<br /> any Subcomractors,Suppliers,or others that the Conlractor dealt with prior to tennination.
<br /> D. No provisions of the Contract Dceaments shall in any way inure to the benefit of any third persan(including the public at large)so as to
<br /> , constitute such person a third party benef►ciary of Uus Contract or of any one or more of the teRas and conditions of the Contract Documents or otherwise give rise
<br /> c�x.�a 00814-12
<br /> � 12
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