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<br />317.2.1.6 <br /> <br />317.2.1.7 <br /> <br />317.2.1.8 <br /> <br />317.,2.1.8.1 <br /> <br />(6) The Contractor disregards the authority of the Engineer. <br /> <br />(7) The Contractor is in any way in substantial violation of the <br />provisions of the Contract Documents. <br /> <br />The Contractor's ri ght to proce'2d sha 11 not be term"; na ted nor the <br />Contractor charged with resulting damage if: <br /> <br />(1) The delay in the completion of the Project arises from causes <br />other than normal weather beyond the control and without the <br />fault or negligence of the Contractor including, but not <br />restricted to, acts of God, acts of public enemy, acts of the <br />Owner in either its sovereign or contractual capacity, acts <br />of another Contractor "in the performance of a Contract with <br />the Owner, fires, floods, epidemics, quarantine restrictions, <br />strikes, freight embargoes, unusually severe weather, or <br />delays of Subcontractors or Suppliers arising from causes <br />other than normal weather beyond the control and 'r/ithout the <br />faul t or negl igence of both the Contractor and such Sub- <br />contractors. <br /> <br />(2) The Contractor, within ten (10) days from the beginning of <br />any such delay (unless the Owner grants a further period of <br />time before the date of final payment under the Contract), <br />notifies the Owner in writin9 of the causes of delay. The <br />Engineer shall ascerta"in the facts and the extent of delay <br />and extend the time for completing the Work when, in his <br />judgement, the findings of fact justHy an extension. The <br />appeal as the Disputes sect"ion of the Contract Documents <br />provides. <br /> <br />If, after Notice of Termination of the Contractor's ri9ht to proceed <br />under the provisions of this Section, it is determined for any <br />reason that the Contractor was not in default under this clause, <br />or that the delay was excusable under this Section, the rights and <br />obligations of the parties shall be the same as if thE' Notice of <br />Termination has been issued under the sl2ction providing for <br />Termination for Convenience of the Owner. <br /> <br />The ri9hts and remedies provided in this Section are in addition <br />to any other rights and remedies provided by law or under the <br />Contract Documents. <br /> <br />Payment Upon Termination for Defa~!l! <br /> <br />After termination by the Owner for default the Contractor shall <br />not be entitled to any further payments until Final Completion of <br />the Project. After the Project is finally completed and a Certifi- <br />cate of Final Completion is Issued by the Owner, the Owner shall <br />compute the Total Costs to complete the Project after termination. <br />If the Total Costs to complete the Project added to these amount <br />already paid to the Contractor (including any retained amounts, <br /> <br />GC - 22 <br />