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DocuSign Envelope ID:2E5A8509-E4CD-4A45-9241-C69B05F6A27D <br /> 44 <br /> d) The Contractor shall not be required to certify the Subcontractor's statements. <br /> ARTICLE 30. 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 or <br /> adjacent facilities. The Contractor further agrees that the sequence of operations under the <br /> Contract Documents shall be scheduled and carried out so as to ensure said regular and <br /> continuous operation. The Contractor shall not close any areas of construction until so <br /> authorized by the Designer. The Contractor shall control operations to assure the least <br /> inconvenience to the public. Under all circumstances, safety shall be the most important <br /> consideration. <br /> ARTICLE 31. 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 hereof, and that exception only, the Contract Documents and <br /> the provisions therein are not intended to make the public, or any member thereof, a third-party <br /> beneficiary of the Agreement, or to authorize anyone not a party to the Contract Documents to <br /> maintain a suit for personal injuries or property damage pursuant to the terms of provisions of <br /> the Contract Documents. <br /> ARTICLE 32. MEASUREMENT OF QUANTITIES <br /> 32.1 All 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 OWNER FOR CAUSE <br /> 33.1 If the Contractor fails to begin or complete the Work under the Contract Documents within <br /> the time specified, or fails 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 shall discontinue the prosecution of the Work for three (3) days, or if the <br /> Contractor shall become insolvent, be declared bankrupt, commit any act of bankruptcy or <br /> insolvency, allow any final judgment to stand against the Contractor or its affiliated companies <br /> unsatisfied for a period of forty-eight (48) hours, make an assignment for the benefit of creditors, <br /> or for any other cause whatsoever shall not carry on the Work in an acceptable manner, the <br /> Owner may give notice in writing to the Contractor and the Contractor's sureties of such delay, <br /> neglect, or default, specifying the same, and if the Contractor within a period of three (3) days <br /> after such notice shall not proceed in good faith and with reasonable speed to correct such <br /> delay, neglect, or default in accordance with such notice, the Owner shall have full power and <br /> authority, to the extent permitted by law, without violating the Contract Documents, to take the <br /> prosecution of the Work out of the hands of the Contractor, to appropriate or use any or all <br /> materials and equipment at the Project as may be suitable and acceptable, and may enter into <br /> Revised 6/16 <br />