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57 <br /> 45 <br /> ARTICLE 31. MEASUREMENT OF QUANTITIES <br /> 31.1 All Work completed under the Contract Documents shall be measured by the Design- <br /> Builder 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 32. TERMINATION BY THE OWNER FOR CAUSE <br /> 32.1 If the Design-Builder fails to begin or complete the Work under the Contract Documents <br /> within 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 Design- <br /> Builder shall become insolvent, be declared bankrupt, commit any act of bankruptcy or <br /> insolvency, allow any final judgment to stand against the Design-Builder or its affiliated <br /> companies unsatisfied for a period of forty-eight (48) hours, make an assignment for the benefit <br /> of creditors, or for any other cause whatsoever shall not carry on the Work in an acceptable <br /> manner, the Owner may give notice in writing to the Design-Builder and the Design-Builder's <br /> sureties of such delay, neglect, or default, specifying the same, and if the Design-Builder within <br /> a period of three (3) days after such notice shall not proceed in good faith and with reasonable <br /> speed to correct such delay, neglect, or default in accordance with such notice, the Owner shall <br /> have full power and authority, to the extent permitted by law, without violating the Contract <br /> Documents, to take the prosecution of the Work out of the hands of the Design-Builder, to <br /> appropriate or use any or all materials and equipment at the Project as may be suitable and <br /> acceptable, and may enter into an agreement for the completion of the Work or pursue such <br /> other methods as in the Owner's opinion shall be necessary or appropriate for the completion of <br /> the Work in an acceptable manner. All costs and charges incurred by the Owner in proceeding <br /> in accordance with the preceding sentence, including attorney's fees, and all costs incurred by <br /> the Owner in completing the Work shall be deducted from any money due or which becomes <br /> due the Design-Builder. If such costs and expenses incurred by the Owner shall be less than <br /> the sum which would have been payable under Contract Documents if it had been completed by <br /> the Design-Builder, then the Design-Builder shall be entitled to receive the difference, but if such <br /> costs and expenses shall exceed the sum which would have been payable under the Contract <br /> Documents, the Design-Builder and the Design-Builder's surety shall be liable to the Owner for <br /> and shall pay to the Owner the amount of such excess. <br /> ARTICLE 33. TERMINATION OR SUSPENSION BY THE OWNER FOR CONVENIENCE <br /> 33.1 The Owner may, without cause, order the Design-Builder to terminate, suspend, delay, or <br /> interrupt the Work in whole or in part for such period of time as the Owner may determine. <br /> 33.2 If the Design-Builder is subsequently ordered by the Owner to resume the Work, any cost <br /> or expenses to which the Design-Builder may be entitled by reason of the suspension, delay, or <br /> interruption shall be recovered by means of a Change Order in accordance with Articles 12 and <br /> 13 hereof and the Contract Construction Schedule shall be adjusted in accordance with Article <br /> 12 hereof. <br /> Revised 2/17 <br />