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5.4. SR 05-21-2007
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5.4. SR 05-21-2007
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1/21/2008 8:36:55 AM
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5/18/2007 2:36:00 PM
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<br />.5 is adjudged a bankrupt or insolvent, or makes a general assignment for the <br />benefit of Contractor's creditors, or a trustee or receiver is appointed for <br />Contractor or for any of its property, or files a petition to take advantage of <br />any debtor's act, or to reorganize under bankruptcy or similar laws; or .6 <br />otherwise does not fully comply with the Contract Documents. <br /> <br />14.2.2 Subparagraph; Beginning in Line 1, after "Owner" delete ", and upon certification by the <br />Architect that sufficient cause exists to justify such action,"; Line 4; After "seven" add <br />"(7)"; and , after "notice" delete the balance of the Subparagraph and substitute the <br />following: "(except in cases of emergency as reasonably determined by Owner), <br />terminate the services of the Contractor and may,"; ".1 take possession of the site and <br />Project and of all materials, equipment, tools and construction equipment and machinery <br />thereon owned, rented, or leased by the Contractor, .2 accept assignment of Subcontracts <br />pursuant to Paragraph 5.4; and .3 finish the Work by whatever method the owner may <br />deem expedient." <br /> <br />14.2.3 Subparagraph; Add at the end: <br />The Owner may withhold from any final payment due the Contractor such amounts as are <br />incurred or expended by the Owner on account ofthe termination of the Contract." <br /> <br />14.2.4 Subparagraph; Delete in its entirety and substitute the following: <br /> <br />To the extent the costs of completing Work, including compensation for <br />additional professional services and expenses, exceed those costs which would <br />have been payable to Contractor to complete the Work except for Contractor's <br />default, Contractor will pay the difference to Owner, and this obligation for <br />payment shall survive termination of the Contract. Such costs incurred by <br />Owner will be determined by the Owner and confirmed by the Architect. <br /> <br />311340v 1 JMS EL185-6 <br /> <br />15 <br />
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