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DocuSign Envelope ID:78B556CA-0O28-4315-8EF4-948059C1C6F0 <br /> 44 <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 /> an agreement for the completion of the Work or pursue such other methods as in the Owner's <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 Owner in proceeding in accordance with the <br /> preceding sentence, including attorney's fees, and all costs incurred by the Owner in completing <br /> the Work shall be deducted from any money due or which becomes due the Contractor. If such <br /> costs and expenses incurred by the Owner shall be less than the sum which would have been <br /> payable under Contract Documents if it had been completed by the Contractor, then the <br /> Contractor shall be entitled to receive the difference, but if such costs and expenses shall <br /> exceed the sum which would have been payable under the Contract Documents, the Contractor <br /> and the Contractor's surety shall be liable to the Owner for and shall pay to the Owner the <br /> amount of such excess. <br /> ARTICLE 34. TERMINATION OR SUSPENSION BY THE OWNER FOR CONVENIENCE <br /> 34.1 The Owner may, without cause, order the Contractor 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 /> 34.2 If the Contractor is subsequently ordered by the Owner to resume the Work, any cost or <br /> expenses to which the Contractor 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 13 and <br /> Revised NETPLANNER v2 <br />