|
15 2.4. if C(j, :TRACTOR files a petition to tt, id -
<br />vantage of arty deator's act, or to reorganize under the
<br />bankruptcy or sim,' laws,
<br />15.2.5. it CONTRACTOR repeatedly tails to si:ppiv
<br />s,•'`icient skilled workmen or suitable materials or
<br />equipment,
<br />15.2.6. if CONTRACTOR repeatedly fails to n dlt.
<br />pr mpt payments to Subcontractors or for labor, materials
<br />or equipment,
<br />15.2 7. if CONTRACTOR Jisregards laws, ordi-
<br />nances. -ules, regulations or orders of any public bods
<br />having )t.: isdicnon,
<br />15.2.8. if Ct)NT' TOR disre,3rds the authority of
<br />ENGINEER, or
<br />15.2.9. if CONTF ' - otherwise stolates in any
<br />substantial way any pr. o,isions of the Contract
<br />Documents,
<br />OWNER may after giving CONTRACTOR and his Surety
<br />s- - L4 written noti,e, terminate the senrces of CON-
<br />i K + ()R. exclude CONTRACTOR from the site and take
<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 1-v CON-
<br />TRACTOR !without liability to CONTRACTOR foi :res7ass
<br />or conversion). incorporate is the Work all materials and
<br />equipment stored at the site or icr which OWNER has paid
<br />CONTRACTOR but which are stored elsewhere, and finish
<br />the Work as OWNER may deem expedient. In suet, case
<br />CONTRACTOR shall not be entitled to receive any fur*her
<br />payment mitil the W,vk is finished If the unpaid balance of
<br />the Contrast Price exceed, the Ji—ct and indirect costs of
<br />completing the Work, including compensatiot, 'or addifi cal
<br />professional services, such excess shall be paid to rRAC-
<br />TOR. !f such costs exceed such unpaid balance, • i-RAC
<br />TOR ,hall pay the difference to OWNER. Such cost •neurred
<br />by OWNER ,hall be nii�d Sy ENGINEER a .xrron-
<br />rated in a Chanrte O,Jer, but in finishing the Wo-
<br />.hall not he requi,:d it, obtain the lowest tigure •
<br />perfurmed.
<br />it i Where CONTRAC,rows services have been so
<br />te.m.nated by OWNER, the termination `ball not affect any
<br />sights of OWNFR against CONTRAX"! ih-ri existing or
<br />which m.,, thereafter accrue. An, re, ^—iiii t
<br />mone, s „ue CONTRACTOR h% t
<br />t ONTRACTOR from liahihts
<br />,' . Upon srvrndays' ion Mm
<br />and EN[;INrFP OWNER ,. ,: ti.. d v!dh
<br />pr.,.,: - .i %av other right or r o a: a Idon ,it.
<br />Wo: J ir-niT`9te the Agretrtr. it .tA. CON.
<br />TRACT.o.tt shall be paid for 411 Rork ta:.utes: And any ira-
<br />ms sustit a.—d plus i easortabl- tei ,nination expenw.
<br />_t,
<br />Corrru,•rur Nu_v Stop Work or Terminate.
<br />` it, through no act or fault of `t ,1I'RACTOR, the
<br />N k r, ,spended for riod of more tr.,+n ninety days by
<br />OW stt R or under an on._•r of court or othe+ ,rublic authority,
<br />o. INFER fails to act on any Application for Payment
<br />'A i, ,.iry days after it is submitted, or OWNER fails for
<br />thirty lays to pay CONTRACTOR any sum finally deter-
<br />mined to be due, then CONTRA COR may, ipou seven
<br />Jays written notice to OWNER ana ENGINEEk, terminate
<br />the itgrerment end recover from OWNER paymei, for all
<br />Work executed awa any expense sustained plus reasonable
<br />terrr:nation expenses. In audition and i,, lie,- - -- urinating
<br />the \greement, if ENGINEER'- to ac; „r kpph-
<br />cauon for Payment or OWNER h.+ nak, day pay-
<br />ment as aforesaid, CONTRACTOr sev . n days'
<br />notice to OWNER and ENGINEER si )p it., *York ur .il pay
<br />ment of all amount, then due. The provoicim of this para-
<br />graph shall not reheye CONTRAS TOR ,f his obligation
<br />under paragraph 6.29 to .arry on tt.a Work in accordance
<br />with the progress schedule and without delay during disputes
<br />and disagreements with OWNER.
<br />ARTICI F 16—ARBITRATION
<br />+h i A,1 Jaims. disputes and ricer matters in question
<br />between r • NER and CONTRA r(,K arising out of, or re-
<br />!-,-i ig to the C ontract Documents ur the breach thereof except
<br />.or claims which have been waived by the making or accept-
<br />ance, of final payment as provided by paragraph 14.16, shall
<br />be decided ov arbitration in accordance -h the Construction
<br />Indusrry Arbit• 3tion Rules of the American Artitration Asso-
<br />,tion then obtaining sub)ect to the limitations of this Article
<br />This agreement so to arbitrate and arty other agreement or
<br />consent to at crate entered into in accordance herewith as
<br />provided in this Arn,lc 16 will ,e fy enforceable
<br />under the pre%adirie 'ntratit% ia'. t having tuns-
<br />J.cho,
<br />No demand for arbitration of !n: claim, dispute ,,or
<br />writ r matter that is ree .ired to he referred to ENGINT-i R ini-
<br />tialiv !or decision in accordance with paragraph 99 shall he
<br />made until the artier of (a) the date on which ENGINEER
<br />has rendered a decision or ib) the tenth day after the parties
<br />tsr -iresented their evidence to ENGINEER if a written dect-
<br />m not been rendered by ENGINEER before that date
<br />cniand for ar�nration of a: -iaim..ftspute or other
<br />n ,hall be made later than ,nirty days after the date on
<br />Ni NFER has rendered a written decision in respect
<br />it. ,it in accordance with paragraph 9.9: and the failure to
<br />dernand arbitration wtihin ;,Aid thirty days' period shall result
<br />in ENGINEER', decision be!ng final and binding upon
<br />OWNER and CONTRACTOR. If ENGINEEk renders 3 de.
<br />cisten after arbitration proceedings have been imt,ated, such
<br />decision may be entered as evidence but shall not sup ersedc
<br />the Arbitrdti in proceedin.u,. except where the decision is
<br />acceptable to tyr navies concerned
<br />t6 J. Nutr : demand for arbitration shall he tiled in
<br />ritine with the otner party !u the Agreement and with th -
<br />
|