Free Motion in Limine - District Court of Delaware - Delaware

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{ Case 1 :04-cv—OO163-GIVIS Document 151 -3 Filed 08/22/2006 Page 1 0f 1 n
,1 ES.2.l. if CONTRACTOR persistently fails to perform I5.4.2. for expenses sustained prior to the effective dare
ii A the Work in accordance with the Contract Bocumonts {in— of termination in performing services and furnishing Iabor,
‘ Q cluding, but not limited to, faifure to supply suhicient skilled materials or equipment as required by the Contmct Docu-
wofkers or suitable materials or equipment or failure to ments in connection with uncompieted Work, plus fair and
adhexe to me progress schedule established under paragraph reasonabie sums for overhead and profit on such expenses;
E 2.9 as adjusted from time to time pursuant to paragraph 6.6);
’ ` V . 15.4.3. for al! claims, costs, Iosses and tiamagcs incurred
. 15.2,2. if CONTRACTOR disregards Laws or Regu|a~ in settlement of terminated contracts with Subcontractors,
i tions of any public body having jurisdiction; Suppliers and others; and
15.2.2. if CONTRACIUR disregards the authority of !5.4.4. for reasonable expenses directly amibutabte to -
ENGINEER; nr termination.
¥5.2.4. if CONTRACTOR otherwise violates in any sub— CONTRACTOR shaii not be paid on account of ioss of
stantial way any provisions of the Contract Documents; anticipated profits or revenue or other economic loss arising
I ‘ · h . out 0f_0r rcsuiting from such termination.
OWNER may, after giving CONTRACTOR (and the surety,
`I - if any,} seven days’ written notice and tothe extent permit»
] ¥ed by Laws and Regulations, terminate the services of CONTRACTOR May Stop Work or Terminate;
I ‘ CONTRACTOR, exclude CONTRACTOR from the site and
take possession of the Work and of ai} CON'I`RAC'I‘OR’s |5.5. lf, through no act or fault of CONTRACTOR, the
! tools, appliances, construction equipment and machinery at Work is suspended for a period of more than ninety days by
I g the site and use the same to the full extent they couki be used OWNER or under an order of court or other public author-
O by CONTRACTOR (without liability to CONTRACTOR for ity, or ENGENEER faiis to act on any Application for
tresoass or conversion}. incorporate in the Work ai! mated- Payment within thirty days after it is submitted or OWNER
E yals and equipment stored at the site or for which OWNER fails for thirty days to pay CONTRACTOR any sum iinaliy
‘- A has paid CONTRACTOR but which are stored elsewhere, determined to be due, then CONTRACTOR may, upon
and finish the Work as OWNER may deem expedient. in seven days’ written notice to OWNER and ENGINEER,
I __ such case CONTRACTOR shall not be entitled to receive and provided OWNER or ENGINEER do not remedy such
7 ji any further payment until the Work is finished. If the unpaid suspension or failure within that time, terminate the Agree-
[ ·’ » ’ bakmce of the Contract Price exceeds al! claims. c0sts,· ment and recover from OWNER payment onxhe same teams
` losses and damages sustained by OWNER arising out of or as provided in paragraph l5.4. in lieu of terminating the
resulting from completing the Work such excess wiil be paid Agreement and without prejudice to any other righ! or
[ I ‘ to CONTRACTOR. If such claims, costs, kisses and dam— remedy, if ENCHNEER has failed to ac£ on an Application
ages exceed such unpaid balance, CON'I`RAC'DOR shall pay for Payment within thirty days after it is submitted, or
O the difference to OWNER. Such claims, costs, iosses and OWNER has failed for thirty days to pay CONTRACTOR
. I damages incurred by OWNER wil! be reviewed by ENGL any sum finally determined to be due, CONTRACTOR may
[ NBER as to their reasonableness and when so approved by upon seven day’s written notice to OWNER and ENGL
ENGINEER incorporated in a Change Order, provided than NEER stop the Work until oyment of all such amounts due
when exercising any righis or remedies under this paragraph CONTRACTOR, including interest thereon. The provisions
E owwmz Shan not be required to Oman me nuwesn price rm ¤f mis paragraph 155 are not intended M preclude CON-
{ O the Work performed. TRACTOR from making claim under Articles ll and 12 for
an increase in Contract Price or Contract Times up otherwise
i - ;$_3_ Wham CONTRACTOWS Services have been so mk for ezcpensesor damage directly attributaiale to CONTRAC-
minated by OWNER, mg mmol. wiil mz amen my dom, TDR S ¤*¤¤¤··=¤ Wmk as ¤=m·¤¤¤<* by me vmwvh-
. . or remedies of OWNE$ against CONTRACTOR then existing ' A
or which may thereafter accrue. Any retention or payment of
. moneys due CONTRACIOR by OWNER will not reiease _
( ; CONTRACTOR from Iiabiiity. - ARTICLE §6——-DISPUTE RESOLUTION
Y
` 15.4. Upon seven days' written notice to CONTRACTOR
= 2 and ENGINEER, OWNER may, without cause and without lfanci tothe extent that OWN ER and CONTRACTOR have
_ F I prejudice to any other right or remedy of OWNER, elect to agreed on the method and procedure for resolving disputes
O _ . terminate the Agreement. In such case, CONTRACTOR shail between them that may arise under this Agreement, such
I be paid {without duplication of any items): dispute resolution method and procedure, if any, shall be as set
I } I i .e;:__ forth in Exhibit GC—A, "llispute Resolution Agreement," to be
15.4.i. for completed and acceptable Work executed in attached hereto and made a pam hereof. if no such agreement
1 ·= accordance with the Contract Documents prior to zhe effec- on the method and procedure for resolving 'such disputeshas
l ; tive date of termination, including fair and reasonable sums . been reached, and subject to the provisions of paragraphs 9.10,
I l for overhead and profit on such Work; 9.11, and 9.12, owzvex and CONTRACTOR may exercise -
I 4I

Case 1:04-cv-00163-GMS

Document 151-3

Filed 08/22/2006

Page 1 of 1