Bid Package 08 North Well Field - Garney Construction

10.07 Waiver of Claims
A. The making and acceptance of final payment will constitute:
1. a waiver of all Claims by Buyer against Seller, except Claims arising from unsettled liens
from non-conformities in the Goods or Special Services appearing after final paym ent,
from Seller's failure to comply with the Contract Documents or the terms of any s pecial
guarantees specified therein, or from Seller's continuing obligations under the Contrac t
Documents; and
2. a waiver of all Claim s by Seller against Buyer (other than those previously m ade in
accordance with the requirements herein and listed by Seller as unsettled as require d in
Paragraph 10.05.A, and not resolved in writing).
ARTICLE 11 – CANCELLATION, SUSPENSION, AND TERMINATION
11.01 Cancellation
A. Buyer has the right to cancel the Contract, without cause, at any time prior to delivery of the
Goods by written notice. Cancellation pursuant to the terms of this paragraph shall not constitute
a breach of contract by Buyer. Upon cancellation:
1. Buyer shall pay Seller for the direct costs incurred in producing any Goods that Seller has
specially manufactured for the Project, plus a fair and reasonable am ount for overhead
and profit.
2. For Goods that are not specially manufactured for the Project, Seller shall be entitled to a
restocking charge of 10 percent of the unpaid Contract Price of such Goods.
11.02 Suspension of Performance by Buyer
A. Buyer has the right to suspend performance of the Contract for up to a maximum of ninety days,
without cause, by written notice. Upon suspension under this paragraph, Seller shall be entitled
to an increase in the Contract Times and Contract Price caused by the suspension, provided that
performance would not have been suspended or delayed for causes attributable to Seller.
11.03 Suspension of Performance by Seller
A. Subject to the provisions of Paragraph 5.07.B, Seller may suspend the furnishing of the Goods
and Special Services only under the following circumstance:
1. Seller has reasonable grounds to conclude that Buyer will not perform its future payment
obligations under the Contract; and,
2. Seller has requested in writing assurances from Buyer that future payments will be made
in accordance with the Contract, an d Buyer has failed to provide such assurances within
ten days of Seller’s written request.
EJCDC P-700, Standard General Conditions for Procurement Contracts.
Copyright © 2010 National Society of Professional Engineers, American Council of Engineering Companies,
American Society of Civil Engineers, and Associated General Contractors of America. All rights reserved.
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