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� <br /> 12.4 CONTRA TOR MA TOP WORK R TERMINATE � <br /> If,through no act or fault of Contractor,the Work is suspended for a period of more than ninety days , <br /> by Owner or under an order of court or other public authority, or Engineer fails to act on any <br /> Application for Payment within thirty days to pay Contractor any sum finally determined to be due, � <br /> the Contractor may, upon seven days' written notice to Owner and Engineer, terminate the <br /> Agreement and recover from Owner payment for all Work executed and any expense sustained plus <br /> reasonable termination expenses. In addition and in lieu of terminating the Agreement, if Engineer � <br /> has failed to act on an Application for Fayment or Owner has failed to make any payment as <br /> aforesaid, Contractor may upon seven days' notice to Owner and Engineer stop the Work until <br /> payment of all amounts then due. The provisions of this paragraph shall not relieve Contractor of � <br /> his obligations to carry on the Work in accordance with the progress schedule and without deiay <br /> during disputes and disagreements with Owner. <br /> � <br /> SECTION ]3 <br /> MISCELLANEOUS , <br /> 13.1 LIMITATION OF LIABII.ITY <br /> In no event either as a result of breach of contract ne li ence or otherwise shall the Own . � <br /> , , g g , , er or <br /> Engineer or their agents or Employees be liable for damages or loss of profits, loss of use, loss of ' <br /> revenue, loss of bonding capacity, or any other special, indirect or consequential damages of any <br /> kind. To the extent the Contract Documents allow any liability to be imposed, the total liability of - <br /> the Owner and Engineer for any loss, claim, or damage arising out of this agreement or the � <br /> performance or breach thereof, shall be limited to the value af the work performed. <br /> 13.2 REMEDIES � <br /> The duties and obligations imposed by these General Conditions anc� the rights and rerr�edies <br /> available hereunder to the parties hereto, and, in particular but without limitation, the warranties, � <br /> guarantees and obligations imposed upon Contractor herein and all of the rights and remedies <br /> available to Owner and Engineer thereunder, shall be in addition to, and shall not be construed in <br /> any way as a limitation of, any rights and remedies available to any or all of them whi�ch are , <br /> otherwise imposed or available by law or contract, by special warranty or guarantee or by other <br /> provisions of the Contract Documents, and the provisions of this paragraph shall be as effective as <br /> if repeated specifically in the Contract Documents in connection with each particular duty, � <br /> obligation, right and remedy to which they apply. All representations, warranties and guarantees <br /> made in the CGntr�ci I7�cuments shail survive final payment and terminatio�i or c�m�l�tion of this ' <br /> Agreemei�t. <br /> ' <br /> i <br /> GereraUSpecs/�'�3n�tns.ge�f <br /> C�1956 Bonestreo,Rosene, � <br /> Anderlik&iissociates,Inc. -�E�i - <br />