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a. If the Contract Documents provide the Contractor with a bonus or other incentive for early <br /> completion of a milestone or other completion point, Contractor assumes the risk of Delays <br /> ' caused wholly or partially by third parties. Owner shall not pay any bonus that Contractor <br /> would have achieved but for any and all Delays caused in whole or in part by a third party. By <br /> way of example only, the Contractor bears the risk of utility companies' failure to locate <br /> underground utilities accurately and the Contractor bears the risk of timely asking for the <br /> marking of the location of underground utilities. <br /> C. SUSPENSION PROCEDURES <br /> rA. The Owner may, at its convenience and at any time and without cause, suspend all or any part of the Work <br /> by notice in writing to the Contractor. The Work shall be resumed by the Contractor within five days after <br /> receiving written notice from the Owner to do so. The Contractor will be allowed an increase in the <br /> 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, the Contractor shall not be entitled to an <br /> increase to the extent caused by the Contractor. <br /> D. TERMINATION PROCEDURES <br /> A. Termination by Owner for Default <br /> 1. 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 <br /> ' shall be effective upon receipt of such notice by the Contractor. <br /> 2. 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 /> a. If Contractor is bankrupt or insolvent. <br /> b. If Contractor makes a general assignment for the benefit of creditors. <br /> c. If a trustee or receiver is appointed for Contractor, or for any of Contractor's property. <br /> ' d. If Contractor files a petition to take advantage of any debtor's law, or to reorganize under any <br /> bankruptcy chapter or law. <br /> e. If Contractor repeatedly fails to make prompt payments to Subcontractors or others for labor, <br /> materials, or Equipment. <br /> ' f. If Contractor disregards laws, ordinances,rules,regulations, or orders of any public body having <br /> jurisdiction. <br /> g. If Contractor disregards the authority of the Owner or Owner's Representative. <br /> ' h. 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. <br /> i. If the Contractor made material misrepresentations to the Owner with respect to: (a) its <br /> qualifications or those of its Subcontractors; (b) its or its subcontractors' ability to perform the <br /> Work in a timely, workmanlike manner; (c) the materials installed or to be installed; or (d) <br /> progress pay estimates. <br /> 1 <br /> I <br /> ' 10023829 City of Everett Public Works July 2018 <br /> WPCF FEN Chlorination Building Upgrade Work Order 3614 <br /> GENERAL CONDITIONS <br /> 00 72 13-23 Issue for Bid <br />