Laserfiche WebLink
i5.2.4. if CONTRACTOR tiles a petition to'ake Ad- <br />vantage of any debtor's act, or to reorganize under the <br />bankruptcy or similar laws, <br />15.2.5. if CONTRACTOR repeatedly fails to supply <br />sufficient skilled workmen or suitable materials or <br />equipment. <br />15.2.6. if CONTRACTOR repeatedly fails to make <br />prompt payments to Subcontractors or for labor, materials <br />or equipment, <br />15.2.7. if CONTRACTOR disregards laws• ordi- <br />nances, rules, regulations or orders of any public body <br />has ing jurisdiction, <br />15.2.8. if CONTRACTOR disregards the authority of <br />ENGINEER, or <br />I5.2.9. if CONTRACTOR otherwise violates in any <br />substantial way any prove sons of the Contract <br />Documents. <br />OWNER may after giving CONTRACTOR and his Suretv <br />seven days' written notice, terminate the services of CON- <br />TRACTOR, exclude C YNTRACTOR from the site and rake <br />possession of the WorK and of all CONTRACTOR's tools. <br />appliances, construction equipment and machinery at the site <br />and use the same to the full extent they could be used by CON- <br />TRACTOR (without liability to CONTRACTOR for trespass <br />or conversion!, incorporate in the Work all materials and <br />equipment stored at the site or for which OWNER has paid <br />CONTRACTOR but which are stored elsewhere. and finish <br />the Work as OWNER may deem expedient In such case <br />CONTRACTOR shall not be entitled to receive any further <br />payment until the Work is finished. If the unpaid balance of <br />the Contract Price exceeds the direct and indirect costs of <br />completing the Work. including comFensation for additional <br />professional sere ices, such excess shall be paid to CONTRAC <br />TOR. If such costs exceed such unpaid balance, CONTRAC- <br />TOR shall pay the difference to OWNER. Such :osts incurred <br />by OWNER shall be verified by ENGINEER and .ncorpo- <br />rated in a Change Order, but in finishing the µork OWNER <br />shall riot be -equired to obtain the Ic -west figure for the Work <br />performed. <br />15.3 where CONTRACTOR', scry :es !cave been so <br />terminated by OWNER. the termination shall not affect any <br />nghts of OWNER against CONTRACTOR then existing or <br />which may thereafter accrue. A:tv retention or payment of <br />moneys due CONTRACTOR by OWNER will not release <br />CONTRACTOR from liability. <br />15.4 Upon seven days' writ-n notice to CONTRACTOR <br />and ENGINEER. OWNER may, without cause and without <br />prejudice to anv other right or remedy, elect to abandon the <br />Work and terminate the Agreement. In such case. CON- <br />TRACTOR shall be paid for all Work executed and any ex <br />pence sustained plus reasonable termination expenses <br />Conrracror tfay Stop Work or Terminate: <br />15.5. If. through no act or fault of CONTRACTOR, the <br />Work is suspended for a period of more than ninety days by <br />OWNER or under an crder of tour! or other public authoniv. <br />or ENGINEER fails to act on am Application for Payment <br />within they Aays after it is submitted, or OWNER fails for <br />thirty days to pay CONTRACTOR any sum finaliv deter- <br />mined to be due, then CONTRACTOR may, upon seven <br />days' written notice to OWNER and ENGINEER. terminate <br />the Agreement and recover from OWNER payment for all <br />Work executed and any expense sustained plus reasonable <br />termination expensesin addition and In lieu of terminating <br />the Agreement EN• .INEER has failed to act on an Appli- <br />cation for Pav VNER has failed to make any pay- <br />ment as afore5 , .""RACTOR may upon seven days' <br />notice to OWNL .-�GINEER stop the Work until pay- <br />ment of ail !mou,. ,hen due. Th- provisions of this para- <br />graph hall not relieve k OvTRAt- TOR of his obiigations <br />under paragraph 6.29 to carry on the Work in accordance <br />with the progress schedule and without delay during disputes <br />and disagreements with OWNER. <br />ARTICLE 16—ARBITRATION <br />16A All claims• disputes and other matters in question <br />between OWNER and CONTRACTOR arising out of, or re- <br />lating to the Contract Documents or the breach thereof except <br />for claims which have beer, waived Iv the making or accept- <br />ance of final payment as provided by paragiaph Ii '6, shall <br />be decided by arbitration in accordance with the Construction <br />indusiry Arbitration Rules of 'he American .Arbitration Asso- <br />ciation then obtaining subject to ine limitations of this Artic!e <br />16 This agreement so to arbitrate and am other agreement or <br />:onsent to arbitrate entered into in accordance herewith as <br />provided in this Article 16 will be specifically enforceable <br />under the pr,-sailing arbitration law of any court having juris- <br />diction. <br />16.:. No demand for arbitration of am claim. dispute or <br />other matter that :s required to be referred to ENGINEER int- <br />ualiv for decision in accordance with paragraph 9 9 shall be <br />made until the earlier of tat the date on which ENGINEER <br />has rendered a decision or ibj the tenth day after the parties <br />nave presented their evidence to ENGINEER if a +ritten dect- <br />ston has not heen rendered by ENGINEER before that date <br />No demand for arbitration of any st.ch claim. dispute or other <br />matter shall be made later than thirty days after the date on <br />which ENGINEER nas rendered a written decision in respect <br />;hereof in accordance with paragraph 9 9: and the failure to <br />demand arbitration within said'hirty days' period shall result <br />in ENGINEER': decision being final and binding upon <br />OWNER and CONTRACTOR If ENGINEER renders a de- <br />cision after arbitration proceedings have been initiated. such <br />decision may be entered as evidence but shah not supersede <br />the ubitraaon proceedings. except where the decision is <br />acceptable to the parties concerned <br />16 3 Notice of the demand for arbitration shall be : iced :n <br />writing with the other parts to he Agreement and -Ann the <br />:b <br />