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  2. Board Of Aldermen - Agenda - 12/14/2021 - P135

Board Of Aldermen - Agenda - 12/14/2021 - P135

By dnadmin on Mon, 11/07/2022 - 07:12
Document Date
Fri, 12/10/2021 - 16:23
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 12/14/2021 - 00:00
Page Number
135
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__121420…

after giving the Contractor and the Contractor's surety, if any, seven days’ written notice, terminate employment of the
Contractor and may, subject to any prior mghts of the surety:
1 Exciude the Contractor from the site and take possession of all materials, equipment, tools, and
construction equipment aod machinery thereon owned by the Contractor;
2 Accept assignment of subcontracts pursuant to Section 5.4, and
Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request
of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred
by the Owner ino finishing the Work.

§ 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall
not be entitled to receive further payment until the Work is finished.

§ 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the
Architect’s services and expenses made necessary thereby, and other damages incurred by the Owner and not
expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance,
the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case
may be, shall be certified by the Initial Decision Maker, upon application, and this obligation for payment shall
survive termination of the Contract

§ 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE
§ 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in
whole or in part for such period of time as the Owner may determine.

§ 14.3 2 The Contract Sum and Contract Time may be adjusted for increases in the cost and time caused by suspension,
delay or interruption as described in Section 14.3.1. Adjustment of the Contract Sum may include profit. No
adjustment shall be made to the extent
A that performance is, was or would have been so suspended, delayed or interrupted by another cause for
which the Contractor 1s responsible; or
2 that an equitable adjustment is made or denied under another provision of the Ccntract

§ 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE
§ 14.4.1 The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause

§ 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner’s convenience, the
Contractor shall
1s cease operations as directed by the Owner in the notice,
2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work,
and
3 except for Work directed to be performed prior to the effective date of termination stated in the notice,
terminate all existing subcontracts and purchase orders and enter into no further subcontracts and
purchase orders
4 assist Owner in the orderly transition of the Work to another contractor of the Owner's choosing or
to the Owner in the Owner's sote discretion

§ 14.4.3 In case of such termination for the Owner's convenience, the Contraclor shall be entitled to receive payment
for Work executed, and costs incurred by reason of such terminationon the Work not executed.

ARTICLE 16 CLAIMS AND DISPUTES

§ 15.1 CLAIMS

§ 15.1.1 DEFINITION

A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, or other relief
with respect to the terms of the Contract. The term “Claim” also includes other disputes and matters in question
between the Owner and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims
shall rest with the party making the Claim

AIA Oocument A204" - 2007 Copyrighl © 19114, 1915, 1918, 1925, 1937, 1951, 1958, $961, 1963. 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Insitute of Architects All rights reserved, WIARNING: This AIA' Document is projected by U.S. Copyright Law and Infernationat Traatas. Unauthorized = 96
reproduction of distnbuban of this AIA’ Documant, of any portion of il, may cesullin severe civit and criminal penalties, and will be prosecuted lo the
maszimum extent poss ble under the law This document was produced by AIA software at 14:10.20 ET an 01/10/2020 under Order No 1403731939 which

eapires on 09/22/2020, and s nol for resale
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Board Of Aldermen - Agenda - 12/14/2021 - P135

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