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b} The documentary evidence shall consist of a certified statement by the Contractor <br />and by each of the Contractor's Subcontractors individually. showing totaE <br />purchases of materials from each separate vendor and total sales and use taxes <br />paid to each vendor. Certified statements must show the invoice number, or <br />numbers, covered. and inclusive dates of such invoices. <br />~~) Materials used from Contractor's or Subcontractor's warehouse stock shall be <br />shown in a certified statement at warehouse stock prices. <br />d} The Contractor shalt not be required to certify the Subcontractor's statements. <br />ARTICLE 3Q. OPERATION OF OWNER'S FACILITIES <br />30.1 The Contractor agrees that all Work done under the Contract Documents shall be carried <br />on in such a manner so as to ensure the regular and continuous operation of the adjoining <br />or adjacent facilities. The Contractor further agrees that the sequence of operations under <br />the Contract Documents shad be scheduled and carried out so as to ensure said regular <br />and continuous operation. The Contractor shall not close any areas of construction until so <br />authorized by the CMAR. The Contractor shalt control operations to assure the least <br />inconvenience to the public. Under ail circumstances, safety shall be the most important <br />consideration. <br />ARTICLE 3'I. THIRD PARTY BENEFICIARY CLAUSE <br />31.1 It is specifically agreed between the parties- executing the Agreement that, with the specific <br />exception set forth paragraph 7.24 of these General Conditions, and that exception only, <br />the Contrac# Documents and the provisions therein are not intended to make the public, or <br />-any member thereof, athird-party beneficiary of the Agreement, or to authorize anyone not <br />a party to the Contract Documents to maintain a suit for personal injuries or property <br />damage pursuant to the terms of provisions of the Contract Documents. <br />ARTICLE 32. MEASUREMENT OF QUANTITIES <br />32.1 Ait Work completed under the Contract Documents shall be measured by the Contractor <br />using United States customary units of measurement. The method of measurement and <br />computations to be used in determination of quantities of material furnished and of Work <br />performed under the Contract Documents shall be those methods set forth in the Contract <br />Documents or, if not specifically set forth therein, the method generally recognized as <br />conforming to good engineering practice. <br />ARTICLE 33. TERMINATION BY THE CMAR FOR CAUSE <br />33.1 if the Contractor fails to begin or compiefe the Work under the Contract Documents within <br />the time specified, or faits to perform the Work with sufficient labor and equipment or with <br />sufficient materials to insure the prompt completion of said Work, or shall perform the Work <br />unsuitably or shah discontinue the prosecution of the Work for three (3) consecutive days, <br />or if the Contractor shall become insolvent, be declared bankrupt, commit any act of <br />bankruptcy or insolvency, allow any final judgment to stand aga{nst the Contractor or its <br />affiliated companies unsatisfied for a period of forty-eight {48) hours, make an assignment <br />for the benefit of creditors, or for any other cause whatsoever shalt not carry on the Work in <br />an acceptable manner, the CMAR may give notice fn writing to the Contractor and the <br />Contractor's sureties of such decay, neglect, or default, specifying the same, and !f the <br />Contractor within a period of three {3} days after such notice shat) not proceed in good faith <br />and with reasonable speed to correct such delay, neglect, or default in accordance with <br />such notice, the CMAR shall have full power and authority, to the extent perm'stted by taw, <br />without violating the Contract Documents, to take the prosecution of the Work out of the <br />GENERAL CONDITIONS FOR CM AT RISK PROJECT 40 of 42 .TUNE 2007 EDITION <br />