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43.1 If the Contractor is adjudged bankrupt or insolvent, or if he makes a general assignment for the <br />benefit of his creditors, or if a trustee or receiver is appointed for the Contractor or for any of his <br />property, or if he files a petition to take advantage of any debtor's act, or to reorganize under the <br />bankruptcy or similar laws, or if he repeatedly fails to supply sufficiently skilled workmen or suitable <br />materials or equipment, or if he repeatedly fails to make prompt payments to Subcontractors, or for <br />labor, materials or equipment, or if he disregards laws, ordinances, rules, regulations or orders of any <br />public body having jurisdiction, or if he disregards the authority of the Engineer, or if he otherwise <br />violates any provision of the Contract Documents, then the Owner may, without prejudice to any other <br />right or remedy and after giving the Contractor and his Surety seven (7) Calendar Days 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 he may deem expedient. In such case, the Contractor shall not be entitled <br />to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price <br />exceeds the direct and indirect costs of completing the Project, including compensation for additional <br />professional services, such excess shall be paid to the Contractor. If such costs exceed such unpaid <br />balance, the Contractor will pay the difference to the Owner. Such costs incurred by the Owner will <br />be determined by the Engineer and incorporated into a Change Order. <br /> <br />43.2 Where the Contractor's services have been so terminated by the Owner, said termination shall <br />not affect any rights of the Owner against the Contractor or his Surety then existing or which may <br />thereafter accrue. Any retention or payment of monies by the Owner due the Contractor will not release <br />the Contractor or his Surety from liability. <br /> <br />43.3 Upon seven (7) Calendar Days written notice to the Contractor and the Engineer, the Owner <br />may, without cause and without prejudice to any other right or remedy, elect to abandon the Project <br />and terminate the Agreement. In such case, the Contractor and Engineer shall be paid for all Work <br />executed and any expense sustained plus a reasonable profit. <br /> <br />ARTICLE 44. Contractor's Right to Terminate <br /> <br />If, through no act or fault of the Contractor, the Work is suspended for a period of more than one <br />hundred eighty (180) Calendar Days by the Owner or under an order of court or other public authority, <br />or the Engineer fails to act on any application for payment within thirty (30) Calendar Days after it is <br />submitted, or the Owner fails to pay the Contractor any sum approved by the Engineer within sixty (60) <br />Calendar Days of its approval and presentation, then the Contractor may, upon seven (7) Calendar Days <br />written notice to the Owner and the Engineer, terminate the Agreement and recover from the Owner <br />payment for all Work executed. <br /> <br />ARTICLE 45. Miscellaneous <br /> <br />45.1 Whenever any provision of the Contract Documents requires the giving of written notice it shall <br />be deemed to have been validly given if delivered in person to the individual or to a member of the firm <br />or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or <br />certified mail, postage prepaid, to the last business address known to him who gives the notice. <br /> <br />GC 26 <br /> <br /> <br />