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City of Everett 00 72 00 - 20 <br />Port Gardner Storage Facility - Demolition Package WO# UP-3525 <br />00 72 00 - 20 GENERAL CONDITIONS <br />5.2.4. Delays <br />5.2.4.1 General <br />In the event of a Delay, the Contractor shall take immediate steps to minimize the Delay or avoid further <br />Delay. The Contractor agrees it shall not make any Contract Claim or request for adjustment of Contract <br />Time or Contract Sum based upon Delays for which it did not timely provide Notice to the Owner. <br />5.2.4.2 Bonuses <br />If the Contract Documents provide the Contractor with a bonus or other incentive for early completion of <br />a milestone or other completion point, Contractor assumes the risk of Delays caused wholly or partially <br />by third parties. Owner shall not pay any bonus that Contractor would have achieved but for any and all <br />Delays caused in whole or in part by a third party. By way of example only, the Contractor bears the risk <br />of utility companies’ failure to locate underground utilities accurately and the Contractor bears the risk of <br />timely asking for the marking of the location of underground utilities. <br />5.3. SUSPENSION PROCEDURES <br />The Owner may, at its convenience and at any time and without cause, suspend all or any part of the <br />Work by notice in writing to the Contractor. The Work shall be resumed by the Contractor within five (5) <br />days after receiving written notice from the Owner to do so. The Contractor will be allowed an increase <br />in the Contract Sum or an extension of Contract Time, or both, directly attributable to any suspension in <br />accordance with the Change Order procedures herein; provided, (1) the Contractor shall not be entitled to <br />any increase to the extent caused by the Contractor and (2) Contract Sum increases and Contract Time <br />extensions for suspension caused by Third Parties or Force Majeure Events are limited as set forth in <br />12.4.3.4 Third Party Caused Delays and Force Majeure. <br />5.4. TERMINATION PROCEDURES <br />5.4.1. Termination by Owner for Default <br />The Owner may terminate the Contract upon written notice to Contractor and its surety whenever the <br />Contractor is deemed to be in default or fails to fulfill, in a timely and proper manner, one or more <br />Contract obligations, or is in violation of any provisions or covenants of the Contract. Termination shall <br />be effective upon receipt of such notice by the Contractor. <br />For purposes of this paragraph, the Contractor shall be deemed to be in default upon the occurrence of <br />any one or more of the following events: <br />1. If Contractor is bankrupt or insolvent. <br />2. If Contractor makes a general assignment for the benefit of creditors. <br />3. If a trustee or receiver is appointed for Contractor, or for any of Contractor's property. <br />4. If Contractor files a petition to take advantage of any debtor's law, or to reorganize under any <br />bankruptcy chapter or law. <br />5. If Contractor repeatedly fails to make prompt payments to Subcontractors or others for labor, <br />materials, or Equipment. <br />6. If Contractor disregards laws, ordinances, rules, regulations, or orders of any public body having <br />jurisdiction. <br />7. If Contractor disregards the authority of the Owner or Owner’s Representative. <br />8. If Contractor violates in a substantial way the provisions of the Contract Documents or fails, <br />neglects, or refuses to proceed in compliance with the provisions of the Contract Documents.