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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 1.24 of these General Conditions, and that exception only, <br />the Contract 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 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 CM 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} 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 against 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 shall not carry on the Work in <br />an acceptable manner, the CM may give notice in writing to the Contractor and the <br />Contractor's sureties of such delay, neglect, or default, specifying the same, and if the <br />Contractor within a period of three (3} days after such notice shall not proceed in good faith <br />and with reasonable speed to correct such delay, neglect, or default in accordance with <br />such notice, the CM shall have full power and authority, to the extent permitted by law, <br />without violating the Contract Documents, to take the prosecution of the Work out of the <br />hands of the Contractor, to appropriate or use any or all materials and equipment at the <br />Project as may be suitable and acceptable, and may enter into an agreement for the <br />completion of the Work or pursue such other methods as in the CM's sole discretion and <br />opinion shall be necessary or appropriate for the completion of the Work in an acceptable <br />manner. All costs and charges incurred by the CM in proceeding in accordance with the <br />preceding sentence, including attorney's fees, and all costs incurred by the CM in <br />completing the Work shall be deducted from any amount due or which becomes due the <br />Contractor. If such costs and expenses incurred by the CM shall be less than the sum <br />which would have been payable under Contract Documents if it had been completed by the <br />Contractor, then the Contractor shall be entitled to receive the difference, but if such costs <br />and expenses shall exceed the sum which would have been payable under the Contract <br />Documents, the Contractor and the Contractor's surety or sureties shall be liable to the CM <br />for and shall pay to the CM the amount of such excess. <br />33.2 If the CM terminates the Agreement pursuant to this Article 33 and later it is determined <br />that the Contractor had not substantially failed to perform in accordance with the terms of <br />this Article, then the termination will be considered a termination for convenience under <br />Article 34. <br />ARTICLE 34. TERMINATION OR SUSPENSION BY THE CM FOR CONVENIENCE <br />GENERAL CONDITIONS FOR CM AT RISK PROJECT 41 of 43 JUNE 2001 EDITION <br />