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44 <br /> <br />Revised 01/24 <br /> <br /> <br />ARTICLE 30. OPERATION OF OWNER'S FACILITIES <br /> <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 /> <br />ARTICLE 31. THIRD PARTY BENEFICIARY CLAUSE <br /> <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, or any other <br />individual or entity, a third-party beneficiary of the Agreement, or to authorize anyone not a party <br />to the Contract Documents to maintain a suit for personal injuries or property damage pursuant <br />to the terms of provisions of the Contract Documents. <br /> <br />ARTICLE 32. MEASUREMENT OF QUANTITIES <br /> <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 /> <br />ARTICLE 33. TERMINATION BY THE OWNER FOR CAUSE <br /> <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 />Docusign Envelope ID: 687B9CC7-F1BC-43DB-A291-A8D859EFA3B2