FLOOD01287

• County: Arapahoe
• Community: Littleton
• Title: 10,000 Trees - Phase Three South Platte Park, Littleton, Colorado
• Date: 10/4/1991
• Prepared For: Littleton
• Prepared By: DHM, Inc.
• Floodplain - Doc Type: Educational/Technical/Reference Information

14.10

14.11

PART 15

15.01

A.

15.02

A.

retainage stipulated in the Agreement, and if Bonds have been furnished,
the written consent of the Surety to the payment of the balance due
for that portion of the Work fully completed and accepted shall be
submitted by Contractor to Architect with the Application for such
payment. Payment shall be made under the terms and conditions
governing final payment, except that it shall not constitute a waivel'
of claims.

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CONTRACTOR'S CONTINUING OBLIGATION

A.

Contractor's obligation to perform and complete the Work in accord-
ance with the Contract Documents shall be absolute. Neither recommend-
ation of any progress or final payme,nt by Architect, nor the issuanc.l
of a certificate of Substantial Completion, nor any payment by Owner
to Contractor under the Contract Documents, nor any use or occupancy
of the Work or any part thereof by Owner, nor any act of acceptance
by Owner nor any failure to do so, nor the issuance of a notice of
acceptability by Architect pursuant to paragraph 14.09.A, nor any
correction of defective work by Owner shall constitute an acceptance
of Work not in accordance with the Contract Documents or a release
of Contractor's obligation to perform the Work in accordance with
the Contract Documents.

WAIVER OF CLAIMS

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A. The making and acceptance of final payment shall constitute:

1. A waiver of all claims by Owner against Contractor, except claim:s
arising from unsettled Claims, from defective Work appearing from
final inspection pursuant to paragraph 14.07.A or from failure t.J
comply with the Contract Documents or the terms of any special
guarantee specified therein; however, it shall not constitute a
wai ver by Owner of any rights in respect of Contractor's continu..
ing obligations under the Contract Documents; and

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2. A waiver of all claims by Contractor against Owner other than
those previously made in writing and still unsettled.

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SUSPENSION OF WORK AND TERMINATION

OWNER MAY SUSPEND WORK

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Owner may, at any time and without cause, suspend the Work or any
portion thereof for a period of not more than ninety days by notice
in writing to Contractor and Architect which shall fix the date on
which Work shall be resumed. Contractor shall resume the Work on the
date so fixed. Contractor will be allowed an increase in the Agree-
ment Price or an extension of the Contract Time, or both, directly
attributable to any suspension if he makes a claim therefor as pro-
vided in Parts 11 and 12.

OWNER MAY TERMINATE

Upon the occurrence of anyone or more of the following events, Owner
may terminate the Agreement:

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