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East Fiber Extension <br />Elk River, Minnesota <br /> <br /> <br />16.2 All removal and replacement work shall be done at the Contractor's expense. If the Contractor <br />does not take action to remove such rejected work within ten (10) days after receipt of written notice, <br />the Owner may remove such work and store the materials at the expense of the Contractor. <br />17.Subsurface Conditions <br />17.1 The Contractor shall promptly, and before such conditions are disturbed except in the event of an <br />emergency, notify the Owner by written notice of: <br />17.1.1 Subsurface or latent physical conditionsat the site differing materially from those indicated in the <br />Contract Documents, or <br /> <br />17.1.2 Unknown physical conditions at the site, of an unusual nature, differing materially from those <br />ordinarily encountered and generally recognized as inherent in work of the character provided for in the <br />Contract Documents. <br /> <br />17.2 The Owner shall promptly investigate the conditions, and if it is found that such conditions do so <br />materially differ and cause an increase or decrease in the cost of, or in the time required for, <br />performance of the work, an equitable adjustment shall be made and the Contract Documents shall be <br />modified by a Change Order. Any claim of the Contractor for adjustment hereunder shall not be <br />allowed unless the required written notice has been given; provided that the Owner may, if the Owner <br />determines the facts to justify; consider and adjust any such claims asserted before the date of final <br />payment. <br /> <br />18. Suspension of Work, Termination, and Delay <br /> <br />18.1 The Owner may suspend the work or any portion thereof for a period of not more than ninety <br />(90) days or such further time as agreed upon by the Contractor, by written notice to the Contractor and <br />the Engineer which shall fix the date on which work shall be resumed. The Contractor will resume that <br />work on the date so fixed. The Contractor will be allowed an increase in the contract price or an <br />extension of the contract time, or both, directly attributable to any suspension. <br /> <br />18.2 If the Contractor is adjudged bankrupt or insolvent, or makes a general assignment for the benefit <br />of its creditors, or if a trustee or receiver is appointed for the Contractor or for any of its property, or if <br />Contractor files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy <br />or applicable laws, or repeatedly fails to supply sufficient skilled workers or suitable materials or <br />equipment, or repeatedly fails to make prompt payments to subcontractors or for labor, materials or <br />equipment, or disregards laws, ordinances, rules, regulations or orders of any public body having <br />jurisdiction of the work, or disregards the authority of the Engineer, or otherwise violates any provision <br />of the Contract Documents, then the Owner may, without prejudice to any other right or remedy and <br />after giving the Contractor and its surety a minimum of ten (10) days from delivery of a written notice, <br />terminate the services of the Contractor and take possession of the project and of all materials, <br />equipment, tools, construction equipment and machinery thereon owned by the Contractor, and finish <br />the work by whatever method the Owner may deem expedient. In such case, the Contractor shall not <br />00700 - 10 <br />General Conditions <br /> <br />