WORK PLANS - Laserfiche WebLink

Home Browse Search

SUPPLEMENTARY CONDITIONS Section 00800 15-1207 information and other property which, if the contract had been completed, would have been required to be furnished to the Owner. 7 Use its best efforts to sell, in the manner, at the times, to the extent, and at the price or prices that the Owner directed or authorizes, any property of the types previously referred to herein, but the Contractor (a) shall not be required to extend credit to any purchaser, and (b) may acquire such property under the conditions and at a price approved by the Owner. The proceeds of any such transfer or disposition shall be applied in reduction of any payments to be made by the Owner to the Contractor under this contract or shall otherwise be credited to the price or cost of the Work covered by this contract or paid in such other manner as the Owner may direct; .8 Complete performance of such part of the Work as shall not have been terminated by the Notice of Termination; and 9 Take such action as may be necessary, or as the Owner may direct, for protection and preservation of the property related to this contract which is in the possession of the Contract and in which the Owner has or may acquire an interest. §14.4.2 DELETE this paragraph in its entirety. §14.4.3 DELETE this paragraph in its entirety. ADD the following paragraphs: §14.4.4 After receipt of a Notice of Termination, the Contractor shall submit to the Owner its termination claim, in the form and with the certification the Owner prescribes. Such claim shall be submitted promptly but in no event later than one (1) month from the effective date of termination, unless one or more extensions in writing are granted by the Owner upon request of the Contractor made in writing within such 1 -month period or authorized extensions. However, if the Owner determines that the facts justify such action, it may receive and act upon any such termination claim at any time after such 1 - month period or extension. If the Contractor fails to submit a termination claim within the time allowed, the Owner may determine, on the basis of information available to the Owner, the amount, if any, due to the Contractor because of the termination. The District shall then pay to the Contractor the amount so determined. §14.4.5 Subject to the previous provisions, the Contractor and the Owner may agree upon the whole or any part of the amount or amounts to be paid to the Contractor because of total or partial termination of the Work under this Paragraph. The amount or amounts may not include profit on Work not yet performed, but may include profit on Work completed up to the time of Notice of Termination. However, such agreed amount or amounts, exclusive of settlement costs, shall not exceed the total contract price as reduced by the amount of payments otherwise made and as further reduced by the contract price of Work not terminated. The contract shall be amended accordingly, and the Contractor shall be paid the agreed upon amount. 41