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20. SUBSURFACE CONDITIONS <br /> 20.1 The CONTRACTOR shall promptly,and before such conditions are disturbed,except in <br /> the even of any emergency,notify the OWNER by WRITTEN NOTICE of: <br /> 20.1a Subsurface or latent physical conditions at the site differing materially from those <br /> indicated in the CONTRACT DOCUMENTS;or <br /> 20.1b Unknown physical conditions at the site,of an unusual nature,differing <br /> materially from those ordinarily encountered and generally recognized as inherent in <br /> WORK of the character provided for in the CONTRACT DOCUMENTS. <br /> 20.2 The OWNER shall promptly investigate the conditions,and if he finds that such <br /> conditions do so materially differ and cause an increase or decrease in the cost of,or in <br /> the time required for,performance of the WORK,and equitable adjustment shall be made <br /> and the CONTRACT DOCUMENTS shall be modified by a CHANGE ORDER. Any <br /> claim of the CONTRACTOR for adjustment shall be made and the CONTRACT <br /> DOCUMENTS shall be modified by a CHANGE ORDER. Any claim of the <br /> CONTRACTOR for adjustment hereunder shall not be allowed unless he has given the <br /> required WRITTEN NOTICE;provided that the OWNER may,if he determines the facts <br /> so justify,consider and adjust any such claims asserted before the date of final payment. <br /> 21. SUSPENSION OF WORK,TERMINATION AND DELAY <br /> 21.1 The OWNER may suspend the WORK or any portion there of for a period of not <br /> more then ninety(90)days of such further time as agreed upon by the <br /> CONTRACTOR,by WRITTEN NOTICE to the CONTRACTOR and the <br /> ENGINEER which notice shall fix the date on which WORK shall be resumed. <br /> The CONTRACTOR will resume that WORK on the date so fixed. The CONTRACTOR <br /> will be allowed an increase in the CONTRACT PRICE or an <br /> extension of the CONTACT TIME,or both,directly attributable to any <br /> suspension. <br /> 21.2 If the CONTRACTOR is adjudged as bankrupt or insolvent,or if he makes a <br /> general assignment for the benefit of his creditors,or if a trustee or receiver <br /> is appointed for the CONTRACTOR or for any of his property,or if he files <br /> a petition to take advantage of any debtor's act,or to reorganize under the <br /> bankruptcy or applicable laws,or if he repeatedly fails to supply sufficient <br /> skilled workers or suitable MATERIALS or equipment,or if he repeatedly <br /> fails to make prompt payments to SUBCONTRACTORS or for labor, <br /> MATERIALS or equipment or if he disregards laws,ordinances,rules, <br /> regulations or orders or any public body having jurisdiction of the WORK <br /> or if he disregards the authority of the ENGINEER,or if he otherwise violates <br /> any provisions of the CONTRACT DOCUMENTS,then the OWNER may, <br /> without prejudice to any other right or remedy and after giving the <br /> CONTRACTOR and his surety a minimum of ten(10)days from delivery of a <br /> WRITTEN NOTICE,terminate the services of the CONTRACTOR and take <br /> possession of the PROJECT and all MATERIALS,equipment,tools, <br /> construction equipment and machinery thereon owned by the CONTRACTOR, <br /> and finish the WORK by whatever method he may deem expedient. In such case <br /> GC-13 <br />