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CITY OF EVERETT PUBLIC WORKS DOCUMENT 00 72 13 SPECIAL PROVISIONS GENERAL CONDITIONS 1. If the Work has been wholly suspended pursuant to 5.3. Suspension Procedures for more than ninety(90)days as measured from the date of the notice to suspend,then the Contractor may terminate this Contract by providing Owner with ten (10) days' Notice that the ' Contractor shall deem the Contract to be terminated if the Owner does not provide Contractor with notice to resume Work within those ten(10)days. Such termination shall be treated as a termination for the Owner's convenience pursuant to 5.4.B Termination for Convenience. D. Contractor Obligations upon Termination 1. On receipt of notice of termination, the Contractor shall immediately discontinue the Work but shall do such Extra Work as may be ordered by the Owner's Representative or Owner to safeguard the Work then completed and the materials and Equipment then delivered to the Site of the Work and to leave the Work in a safe and useful condition. Payment for this Extra Work will be made in accordance with 9.2. Payment For Changes. E. Ownership of Materials upon Termination 1. As of the termination date, whether effected by the Owner or Contractor as provided herein, all the Contractor's right,title,and interest in and to materials ordered by the Contractor prior to termination, whether or not they have been delivered to the Site of Work, shall be vested in the Owner, and the Contractor shall, upon demand of the Owner, execute and deliver to the Owner all requisite bills of sale, assignments, and other documents of transfer that may be necessary to give effect to the intention of the termination procedures set forth above. ' F. Opportunity to Cure 1. If the Contractor has not already had an opportunity to cure the default or breach the Owner shall specify the default or breach and a reasonable period of time to allow the Contractor to cure the default or breach. The notice of termination will state the time period in which cure is permitted and other conditions as the Owner, in its sole judgment, shall deem appropriate. If Contractor fails to remedy the breach or default or any of the terms, covenants, or conditions of this Contract to the Owner's satisfaction within the time period specified or the Owner shall have the right to terminate the Contract without any further obligation to the Contractor. Any such termination for default shall not in any way operate to preclude the ' Owner from also pursuing all available remedies against Contractor and its sureties for said breach or default. G. Waiver of Remedies for Any Breach. 1. In the event that the Owner elects to waive its remedies for any breach by Contractor or any covenant, term or condition of this Contract, such waiver by the Owner shall not limit the ' Owner's remedies for any succeeding breach of that or of any other term covenant, or condition of this Contract. ' 5.5 Possession and Use of Completed Portions of the Work A. The Owner shall have the right to take possession of and use completed or partially completed portions of the Work even though the time for completing the Work for such portions may not ' have expired. Operations and maintenance costs of use of such Work will be borne by the Owner. Such possession and use shall not be deemed as acceptance of the Work. If such prior possession or use increases the cost of the Work, the Contractor may be entitled to request extra PS06 REROUTE 007213 -27 WO NO.—UP3583 MAY 2016