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  2. Finance Committee - Agenda - 5/3/2016 - P134

Finance Committee - Agenda - 5/3/2016 - P134

By dnadmin on Mon, 11/07/2022 - 09:54
Document Date
Tue, 05/03/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Tue, 05/03/2016 - 00:00
Page Number
134
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__050320…

15.04 CONTRACTOR May Stop Work or Terminate

A. If, through no act or fault of CONTRACTOR, the Work is suspended for more than 90 consecutive days by OWNER
or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within 30
days after it is submitted, or OWNER fails for 30 days to pay CONTRACTOR any sum finally determined to be due,
then CONTRACTOR may, upon seven days written notice to OWNER and ENGINEER, and provided OWNER or
ENGINEER do not remedy such suspension or failure within that time, terminate the Contract and recover from
OWNER payment on the same terms as provided in paragraph 15.03. In lieu of terminating the Contract and without
prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within 30 days after
it is submitted, or OWNER has failed for 30 days to pay CONTRACTOR any sum finally determined to be due,
CONTRACTOR may, seven days after written notice to OWNER and ENGINEER, stop the Work until payment is made
of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.04 are not
intended to preclude CONTRACTOR from making a Claim under paragraph 10.05 for an adjustment in Contract Price
or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping the Work as
permitted by this paragraph.

B. This Contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the
other party to fulfill its obligations under the Contract through no fault of the terminating party, provided that no
termination may be effected unless the other party is given (1) not less than ten (10) calendar days written notice
(delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with
the terminating party prior to termination.

ARTICLE 16 - DISPUTE RESOLUTION

16.01 Methods and Procedures

A. Dispute resolution methods and procedures, if any, shall be as set forth in the Supplementary Conditions. If no
method and procedure has been set forth, and subject to the provisions of paragraphs 9.09 and 10.05, OWNER and
CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or
by Laws or Regulations in respect of any dispute.

ARTICLE 17 - MISCELLANEOUS

17.01 Giving Notice

A. Whenever any provision of the Contact Documents requires the giving of written notice, it will be deemed to have
been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for
whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business
address known to the giver of the notice.

17.02 Computation of Times

A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first
and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day
made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation.

17.03 Cumulative Remedies

A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to
the parties hereto are in addition to, and are not to be construed in any way as a limitation or, any rights and remedies
available to any or all of them which are otherwise imposed or available by Laws and Regulations, by special warranty
or guarantee, or by other provisions of the contract Documents, and the provisions of this paragraph will be as effective
as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and
remedy to which they apply.

GC - 51 of 53

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Finance Committee - Agenda - 5/3/2016 - P134

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