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

15.03

15.04

B.

CONTRACTOR MAY STOP WORK OR TERMINATE

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A.

If, through no act or fault of Contractor, the Work is suspended for
a period of more than 90 days by Owner or under an order of court
or public authority, or Architect fails to act on any Application
for Partial Payment within 30 days after it is submitted, or Owner
fails for thirty days to pay Contractor any sum finally determined
to be due, then Contractor may, upon seven days' written notice to
Owner and Architect, terminate the Agreement and recover from Owner
payment for all work executed and any expense sustained plus reason-
able termination expenses. In addition and in lieu of terminating
the Agreement, if Architect has failed to act on an Application for
Payment or Owner has failed to make any payment as aforesaid, Con-
tractor may, upon seven days' notice to Owner and Architect, stop
the Work until payment of all amounts then due. The provisions of
this paragraph shall not relieve Contractor of his obligations
under paragraph 6.14.A to carryon the Work in accordance with the
progress schedule and without delay during disputes and disagreements
with Owner.

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OWNER MAY TERMINATE FOR CONVENIENCE

A.

The Owner may terminate the performance of Work under the Contract
Documents in accordance with this section, in whole, or from time
to time in part, whenever the Owner shall determine that such termin-
ation is in the best interest of the Owner. Any such termination
shall be affected by delivery of a written Notice of Termination
to the Contractor specifying the extent to which performance of Work
under the Contract is terminated and the date upon which termination
becomes effective.

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After receipt of a notice of termination, and except as otherwise
directed by the Owner, the Contractor shall:

1. Stop Work under the Contract on the date and to the extent
specified in the Notice of Termination.

2. Place no further orders or subcontracts for materials, services ()r I
facilities except as necessary to complete the portion of the
Work under the Contract which is not terminated.

3. Terminate all orders and subcontracts to the extent that they
relate to the performance of Work terminated by the Notice of
Termination.

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4. Assign to the Owner, in the manner, at the times, and to the
extent directed by the Owner, all of the right, title, and interest
of the Contractor under the orders and subcontracts so terminated.
The Owner shall have the right, in its discretion, to settle or
pay any or all claims arising out of the termination of such
orders and subcontracts.

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5. Settle all outstanding liabilities and all claims arlslng out
of such termination of orders and subcontracts, with the approval
or ratification of the Owner to the extent he may require. His
approval or ratification shall be final for all purposes of this
clause.

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