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~he date of said filine• or if the Contractor admits in writin
<br />its inabiliri to pav iu debts oenerallv as thev become due, or
<br />if he makes a eneral assiQnment for the benefit of its
<br />creditors, or if a receiver, liquidator, trustee or assi~nee is
<br />appointed on account of its bankruotcv or insolvencv; or if a
<br />receiver of all or~ substantial o_p rtion of the Contractor's
<br />properties is appointed; or if the Contractor abandons the
<br />Work; or if he fails, except in cases for which extension of
<br />time is nrovided, to _prosecute ~romptlv and diliQentlv the
<br />Work or to sunaly enouQh properlv skilled workmen or
<br />rp oper materials for the Work; or if he submits an
<br />Aaplication for Pavment, swom statement, waiver of lien,
<br />affidavit or document of ~ nature whauoever which is
<br />intentionallv falsified; or if he fails to make prompt pavment
<br />to Subcontractors or for materials or labor or otherwise
<br />breaches its obti~ations under any subcontract with a
<br />Subcontractor; or if a mechanic's or materialman's lien or
<br />notice of lien is filed a~ainst anv aart of the Work or the site
<br />of the Proiect and not nromatlv bonded or insured over bv the
<br />Contractor in a manner satisfactorv to the Owner: or if the
<br />Contractor disreeards ~ laws, statutes, ordinances, rules,
<br />re~ulations or orders of any, ~overnmental bodv or public or
<br />guasipublic authori havine iurisdiction of the Work or the
<br />site of the Proiect; or if he otherwise violates anv arovision of
<br />the Contract Documenu: then the Owner, without preiudice
<br />to ~ ri ht or remedy available to the Owner under the
<br />Contract Documents or at law or in eQUitv mav after eivine
<br />the Contractor and the sure under the Performance Bond
<br />and under the I.abor and Material Pavment Bond described in
<br />Parasraoh 11.4, seven (7) davs' written notice, terminate the
<br />emplovment of the Contractor._ If reauested~ the Owner.
<br />the Contractor shall remove~~ or all of its eQUiament,
<br />machinerv and su lies from the site of the Proiect within
<br />seven (7) davs from the date of such reauest and in the event
<br />of ihe Contractor's failure to do so, the Owner shall have the
<br />ri ht to remove or store such eQUipment, machinerv and
<br />sunalies at the Contractor's exnense. _ In case of such
<br />termination, the Contractor shall not be entitled to receive anv
<br />further a ent for Work performed ~ the Conh~actor
<br />throueh the date of termination. _ The Owner's rieht to
<br />terminate the Owner-Contractor Aereement pursuant to this
<br />Sub~araeraah 14.2.1 shall be in addition to and ~not in
<br />limitation of ~ riehts or remedies exi•stin~ hereunder or
<br />pursuant hereto or at law or in eQUiri
<br />. «t, ~ .~ . •c.~. ~ «r «
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<br />14.2.2 When any of the above reasons exist, the Owner,
<br />t~e ~~s}~ ~+er~, may without prejudice to any other
<br />rights or remedies of the Owner and afrer giving the
<br />Contractor and the Contractor's surery, if any, seven days'
<br />written notice, terminate employment of the Contractor and
<br />may, subject to any prior rights of the surety:
<br />.1 take possession of the site and of al! materials,
<br />equipment, tools, and construction equipment and
<br />machinery thereon owned by the Contractor;
<br />.2 accept assignment of subcontracts pursuant to
<br />Paragraph 5.4; and
<br />.3 finish the Work by whatever reasonable method the
<br />Owner may deem expedient.
<br />14.2.3 When the Owner terminates the Contract for one of
<br />the reasons stated in Subparagraph 14.2.1, the Contract~-
<br />shall not be entitled to receive further aavment until the Wc~
<br />is finished.
<br />14.2.4 If the unpaid balance of the Contract Sum exceeds
<br />all costs to the Owner of completin~ the Work, then the
<br />Contractor shall be naid for all Worlc performed ~ the
<br />Contractor to the date of termination. _ If such cosu to the
<br />Owner of com~letin~ the Work exceed such unaaid balance,
<br />the Contractor shall aav the difference to the Owner
<br />immediatelv upon the Owner's demand. The costs to the
<br />Owner of comnletine the Work shall include but not be
<br />(imited tol the cost of anv additional architectural mana2erial
<br />and administrative services reQUired therebv, ~ costs
<br />incurred in retainine another contractor or other
<br />subcontractors, ~ additional interest or fees which the
<br />Owner must~~ reason of a delav in completion of the
<br />Work, attornev's fees and exaenses, and anv other damaoes,
<br />cosu and expenses the Owner may incur ~ reason of
<br />completin~ the Work or~ delav thereof._ The amount, if
<br />anv, to be uaid to the Contractor shall be certified ~ the
<br />Architect, upOn anplication, in the manner _provided in
<br />ParaQraph 9_4 and this oblieation for pavment shall survive
<br />the termination of the Contract.
<br />Owner:
<br />Owner-Contractor Agreement General Conditions Supplement (For AIA Doc. A201)
<br />Page - User pocument: A201 -- 12/29/1998. AIA License Number 100632, which expires on 12/7I1999 -- Pag~~~
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