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' C. Upon receipt of a notice of termination for convenience, Contractor shall immediately, in <br /> accordance with instruction from Owner, proceed with performance of the following duties <br /> regardless of delay in determining or adjusting amounts due under this Paragraph 15.03.13: <br /> ' 1. Cease operations as specified in the notice; <br /> ' 2. Place no further order and enter into no further subcontracts for materials, labor, services, or <br /> facilities except as necessary to complete continued portions of the Contract; <br /> 3. Terminate all subcontracts and orders to the extent they relate to the Work terminated; <br /> 4. Proceed to complete the performance of Work not terminated; and <br /> 5. Take actions that may be necessary, or that Owner may direct, for the protection and <br /> preservation of the Work. <br /> D. Upon such termination, Contractor shall recover as its sole remedy payment of the percentage of <br /> the Contract Price equal to the percentage of the Work performed satisfactorily and not <br /> previously paid for as determined by the Engineer. Contractor hereby waives and forfeits all <br /> other claims for payment and damages, including, without limitation, anticipated profits or <br /> revenue or other economic loss arising out of or resulting from such termination. <br /> ' E. Owner shall be credited for: <br /> 1. Payments previously made to Contractor for the terminated portion of the Work; <br /> ' 2. Claims which Owner has against Contractor under the contract; and <br /> ' 3. The value of the materials, supplies, equipment, or other items that are to be disposed of by <br /> contractor that are part of the Contract Price. <br /> ' 15.04 Contractor May Stop Work or Terminate <br /> A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive <br /> ' days by Owner or under an order of court or other public authority, or (ii) Owner fails for 30 <br /> days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven <br /> days written notice to Owner and Engineer, and provided Owner does not remedy such <br /> ' suspension or failure within that time, terminate the Contract and recover from Owner payment <br /> on the same terms as provided in Paragraph 15.03. <br /> ' B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Owner <br /> has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, <br /> seven days after written notice to Owner and Engineer, stop the Work until payment is made of <br /> ' all such amounts due Contractor, including interest thereon. The provisions of this Paragraph <br /> 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for <br /> an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly <br /> ' attributable to Contractor's stopping the Work as permitted by this Paragraph. <br /> ' EJCDC C-700 Modified Standard General Conditions of the Construction Contract <br /> Copyright©2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. <br /> Page 79 of 81 <br />