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§ 13.2.1.3 If one of the reasons described in Section 13.2. 1.1 or 13.2.1.2 exists, the Design -Builder may, upon seven
<br />days' written notice to the Owner, terminate the Contract and recover from the Owner payment for Work executed,
<br />including reasonable overhead and profit, costs incurred by reason of such termination, and damages.
<br />§ 13.2.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Design -Builder or
<br />any other persons or entities performing portions of the Work under contract with the Design -Builder because the
<br />Owner has repeatedly failed to fulfill the Owner's obligations under the Design -Build Docu:Ments with respect to
<br />matters important to the progress of the Work, the Design -Builder may, upon seven addition"zd- days' written notice
<br />to the Owner, terminate the Contract and recover from the Owner as provided in Section 1321.3.
<br />§ 13.2.2 Termination by the Owner For Cause
<br />§ 13.2.2.1 The Owner may terminate the Contract if the Design -Builder
<br />.1 fails to submit the Proposal by the date required by this Agreement, or if no dale is indicated,, within a
<br />reasonable time consistent with the date of Substantial Completion;
<br />.2 repeatedly refuses or fails to supply an Architect, or enough properly skilled Csultants, Contractors,
<br />or workers or proper materials;
<br />.3 fails to make payment to the Architect, Consultants, or Contractors for services !materials or labor in
<br />accordance with their respective agreements with the Design -Builder; I
<br />.4 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and reg4latjons, or lawful
<br />orders of a public authority; or
<br />.5 is otherwise guilty of substantial breach of a provision of the Design -Build Doe' n is.
<br />§ 13.2.2.2 When any of the above reasons exist, the Owner may without prejudice to any oth§r rights or remedies of
<br />the Owner and after giving the Design -Builder and the Design -Builder's surety, if any, seven days' written notice,
<br />terminate employment of the Design -Builder and may, subject to any prior rights of the surety:
<br />.1 Exclude the Design -Builder from the site and take possession of all materials, equiprn,eht.1. tools, and
<br />A.
<br />construction equipment and machinery thereon owned by the Design -Builder;
<br />.2 Accept assignment of the Architect, Consultant and Contractor agreements pursuofit.0 Section 3.1.15;
<br />and
<br />.3 Finish the Work by whatever reasonable method the Owner may deem expedlet.rUpn written request,
<br />of the Design -Builder, the Owner shall furnish to the Design -Builder a detailed aiecb, tinting of the
<br />costs incurred by the Owner in finishing the Work.
<br />§ 13.2.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 13.2.2.1 "thO Design -
<br />Builder shall not be entitled to receive further payment until the Work is finished.
<br />§ 13.2.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work and.'.,ether dfimages incurred
<br />'.'i.6stA and damages..
<br />by the Owner and not expressly waived, such excess shall be paid to the Design -Builder. Ifsuch
<br />exceed the unpaid balance, the Design -Builder shall pay the difference to the Owner. The obligati!for such
<br />payments shall survive termination of the Contract.
<br />iH
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<br />§ 13.2.3 Suspension by the Owner for Convenience
<br />§ 13.2.3.1 The Owner may, without cause order the Design -Builder in writing to suspend, duly r.....interrupt the
<br />Work in whole or in part for such period of time as the Owner may determine.
<br />§ 13.2.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by
<br />suspension, delay or interruption as described in Section 13.2.3.1. Adjustment of the Contract shall include
<br />profit. No adjustment shall be made to the extent
<br />.1 that performance is, was or would have been so suspended, delayed or interrupie',u by another cause for
<br />which the Design -Builder is responsible; or
<br />.2 that an equitable adjustment is made or denied under another provision of the Contract.
<br />§ 13.2.4 Termination by the Owner for Convenience
<br />§ 13.2.4.1 The Owner may, at any time, terminate the Contract for the Owner's convenience pnd.withbid cause.
<br />§ 13.2.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience, the
<br />Design -Builder shall
<br />AIA Document A1411w - 2014. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA"
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<br />not for resale.
<br />User Notes: (3B9ADA54)
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