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Last modified
11/23/2009 12:58:19 PM
Creation date
10/4/2006 9:54:44 PM
Metadata
Fields
Template:
Floodplain Documents
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
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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />6. Transfer to the Owner, and delivery in this manner, at the times, <br />and to the extent, if any directed by the Owner: <br /> <br />a. The fabricated or unfabricated parts, Work in process, <br />completed Work, supplies, and other material produced as <br />part of, or acquired in connection with the performance of, <br />the Work terminated by the Notice of Termination; and <br /> <br />b. the completed or partially completed plans, drawings, inform-. <br />ation, and other property which, if the Project had been <br />completed would have been required to be furnished to the <br />Owner. <br /> <br />7. Use his best efforts to sell, in the manner, at the times, to the <br />extent, and at the price or prices that the Owner directs or <br />authorizes, any property of the types referred to above in this <br />clause, but the Contractor: <br /> <br />a. Shall not be required to extend credit to any purchaser; and <br /> <br />b. May acquire any such property under the conditons prescribed <br />and at a price or prices approved by the Owner. The proceeds <br />of any such transfer of disposition shall be applied in re- <br />duction of any payments to be made by the Owner to the Con- <br />tractor under the Contract Documents or shall otherwise be <br />credited to the Agreement Price or cost of the Work covered <br />by the Contract Documents or paid in such other manner as <br />the Owner may direct. <br /> <br />8. Complete performance of such part of the Work as shall not have <br />been terminated by the Notice of Termination. <br /> <br />9. Take such action as may be necessary, or as the Owner may direct, <br />for the protection and preservation of the property related to the <br />Project which is in the possession of the Contractor and in which <br />the Owner has or may acquire an interest. <br /> <br />C. <br /> <br />After receipt of a Notice of Termination, the Contractor shall submit <br />to the Owner his termination claim, in the form and with the certifi- <br />cation the Owner prescribes. Such claim shall be submitted promptly, <br />but in no event later than one year from the effective date of the <br />termination, unless one or more extensions in writing are granted by <br />the Owner upon request of the Contractor made in writing within such <br />one (1) year period or authorized extension. However, if the Owner <br />determines that the facts justify such action, he may receive and act <br />upon any such termination claim at any time after such one (1) year <br />period or extension. If the Contractor fails to submit his termina- <br />tion claim within the time allowed, the Owner may determine, on the <br />basis of information available to him, the amount, if any, due to <br />Contractor because of the termination. The Owner shall then pay to <br />the Contractor the amount so determined. <br /> <br />D. <br /> <br />Subject to the prOV1Slons of this paragraph, the Contractor and the <br />Owner may agree upon the whole or any part of the amount or amounts <br />to be paid to the Contractor because of the total or partial termin- <br /> <br />-33- <br />
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