3501 SR 529 2016-01-01 MF Import

PORT OF EVERETT SECt'[ON 00700 iJNION SLOUGH MARSH MITIGATION GENERAL CONDITIONS stored at the site or for which PORT has paid CONTRACCOR but which are storcd elsewhere, and finish the Work as PORT may dam expedient. In such case CON7'RACfOR shall not be entitled to receive any further payment until the work is 5nished. If the unpaid balance of the Conp�act Price exceeds the d'vect and indirect costs of cortQkting the Work, including compensation for additional professional services, suce excess shall be paid to CONTRACfOR. If such costs exceed the unpaid balance, CONTRACTOR shall pay the difference to PO[tT. Such costs incucred by PORT shall be veri6ed by ENGINEER and inco�porated in a Change Orda, but in 5nishing the Work PORT shall not be rcquired to obtain the lowest figure for the work perfomrd. 153 Whero CONTRACI'OR's sc�vices have been so terminated by PORT, the termination shall not affect any rights of PORT against CON7'RACTOR then existing or which may thereafter accrue. My retenNon or payment of moneys due COIV7'RAGTOR by PORT will not release CONTRACI'OR from liability. 15.4 Upon seven days written notice to CONCRACTOR and ENGINEER, PORT may without cause and without prejudice to any other right or nmedy elect to abandon the Work and terrttinate the Agrament. In such case, COIV7'RACI'OR shall be paid for all work exxuted and any expense sustained plus roasonabk termination expenses. Contractor Mav Stop Work or Terminate: 15.5 If, through no act or fault of COIV'CRACTOR, the Work is suspended for a period of rtare than thirty (30) days by PORT or under an order of court or other public authority, or ENGIIVEER fails to act on any Application for Payment within th'vty days after it is submitted, or PORT fails for thirty days to pay CONTRACTOR any sum 5nally detemiined to be due, then CONTRAC'fOR may, upon seven days' written notice to PORT and ENGINEER, terminate the Agamet►t and recover from PORT payment for all Work executed and any expense sustained plus reasonaWe terminadon expenses. In addition and in lieu of temtinating the Ageement, if ENdINEER has failed to act on an Application for Pa}mient or PORT has faikd to mahe sny paymient as aforesaid, CONt'RACfOR may upon seven days' notice to PORT and ENGINEER stop the Work until pa�mient of all artwunts then due. The provisions of this pazagraph shall noc relieve CONTRACTOR of his obligetions under pazagraph 6.29 to carry on the Work in accordance with the progress scheduk and without delay during disputes and disagraments with PORT. END OF AR77CLE 15 00700-51