05-28-1985 Council Packet - Laserfiche WebLink

Home Browse Search

0 1 12.3 CONVENIENCE TERMINATION BY THE OWNER A The Owner reserves the right to terminate the Work under this contract in whole, or from time to time in part, and said termination for convenience shall not be construed as a breach of the Contract. If the Contract is ter- minated for convenience, the Owner shall give the Contractor written notice specifying the extent the Work of the Contract that is being terminated and the effective date of said termination. Upon receipt of the notice of termi- nation, the Contractor shall stop work on the date and to the extent speci- fied. The Contractor shall place no further orders nor incur any further 1 costs for the terminated parts of the Work. The Contractor shall further ter- minate all orders and subcontracts relating to the terminated part of the Work. The Owner shall pay the Contractor for the value of the Work terminated t. as completed to the termination date together with a reasonable profit on the completed Work, but no damages or costs or lost profits. Disposition of the completed parts of the terminated work, materials, equipment and other tang- ible property shall be made as agreed upon by the Owner and Contractor. The title to any property and materials retained by the Owner shall accrue to the Owner immediately upon payment by the Owner to the Contractor. 12.4 CONTRACTOR MAY STOP WORK OR TERMINATE If, through no act or fault of Contractor, the Work is suspended for a period of more than ninety days by Owner or under an order of court or other public authority, or Engineer fails to act on any Application for Payment within thirty days to pay Contractor any sum finally determined to be due, the Con- tractor may, upon seven days' written notice to Owner and Engineer, terminate the Agreement and recover from Owner payment for all Work executed and any ex- pense sustained plus reasonable termination expenses. In addition and in lieu of terminating the Agreement, if Engineer has failed to act on an Application 04 for Payment or Owner has failed to make any payment as aforesaid, Contractor may upon seven days' notice to Owner and Engineer stop the Work until payment of all amounts then due. The provisions of this paragraph shall not relieve Contractor of his obligations to carry on the Work in accordance with the e" progress schedule and without delay during disputes and disagreements with Owner. t s• SECTION 13 MISCELLANEOUS 13.1 LIMITATION OF LIABILITY In no event, either as a result of breach of contract, negligence, or other- wise, shall the Owner or Engineer or their agents or Employees be liable for damages or loss of profits, loss of use, loss of revenue, loss of bonding ca- pacity, or any other special, indirect or consequential damages of any kind. To the extent the Contract Documents allow any liability to be imposed, the total liability of the Owner and Engineer for any loss, claim, damage aris- ing out of this agreement or the performance or breach thereof, shall be lim- ited to the value of the work performed. - 41 - 1/85 - 8501b Copyright 1985 Bonestroo, Rosene, Anderlik a Associates, Inc.