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

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the risk of loss, there shall be excluded from the amounts payablE!
to the Contractor the fair value, as determined by the Owner, of
property to the extent that it is undeliverable to the Owner, or
to a Buyer under paragraph 15.04.B.7 of this section.

F. The Contractor shall have the right to dispute under the Disputes
provision any determination the Owner makes under this section. But,
if the Contractor has failed to submit his claim within the time pro-
vided in paragraph 15.04.C and has failed to request an extension
of time, he shall have no such right of appeal. In any case where
the Owner has determined the amount due, the Owner shall pay to the
Contractor the following;

1. If there is no right of appeal hereunder or if no timely appeal
has been made, the amounts so determined by the Owner; or

2. if a dispute proceeding in initiated, the amount finally deter-
mined in such dispute proceeding.

G. In arriving at the amount due to the Contractor under this clause,
there shall be deducted:

1. All unliquidated advance or other payments on account therefor
made to the Contractor, applicable to the terminated portion
of the Work.

2. Any claim which the Owner may have against the Contractor in
connection with this Contract.

3. The agreed price for, or the proceeds of sale of, any materials,
supplies or other things kept by the Contractor or sold, under
the provisions of this section, and not otherwise recovered by
or credited to the Owner.

H. If the termination hereunder be partial, before the settlement of the
terminated portion of this Contract, the Contractor may file with the
Owner or request in writing for an equitable adjustment of the price
or prices specified in the Contract relating to the continuing portion
of the Work (the portion not terminated by the Notice of Termination).
Such equitable adjustment as may be agreed upon shall be made in the
price or prices. Nothing contained herein shall limit the right of
the Owner and the Contractor to agree upon the amount or amounts to be
paid to the Contractor for the completion of the continued portion of
the Work when the Contract Documents do not contain an established
Contract Price for the continued portion.

PART 16 MISCELLANEOUS

16.01 GIVING NOTICE

A. Whenever any provisions of the Contract Documents requires the giving
of written notice, it shall 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 in intended, or if de-
livered at or sent by registered or certified mail, postage prepaid,
to the last business address known to the giver of the notice.
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