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@@ -21,17 +21,17 @@
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<li class="- topic/li ">
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<p class="- topic/p " id="d3761e21">
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<ph props="autonumber" class="- topic/ph ">(a)</ph>
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If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract including any extension, or fails to complete the work within this time, the Government may, by written notice to the Contractor, terminate the right to proceed with the work (or the separable part of the work) that has been delayed. In this event, the Government may take over the work and complete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the Government resulting from the Contractor
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If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract including any extension, or fails to complete the work within this time, the Government may, by written notice to the Contractor, terminate the right to proceed with the work (or the separable part of the work) that has been delayed. In this event, the Government may take over the work and complete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the Government resulting from the Contractor's refusal or failure to complete the work within the specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the Government in completing the- work.</p>
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</li>
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<li class="- topic/li ">
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<p class="- topic/p " id="d3761e26">
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<ph props="autonumber" class="- topic/ph ">(b)</ph>
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The Contractor
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The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause, if—</p>
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<ol id="d3717e44" class="- topic/ol ">
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<li class="- topic/li ">
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<p class="- topic/p " id="d3761e32">
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<ph props="autonumber" class="- topic/ph ">(1)</ph>
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The delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include
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The delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include—</p>
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<ol id="d3717e54" class="- topic/ol ">
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<li class="- topic/li ">
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<p class="- topic/p " id="d3761e38">
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@@ -100,7 +100,7 @@
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<li class="- topic/li ">
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<p class="- topic/p " id="d3761e98">
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<ph props="autonumber" class="- topic/ph ">(c)</ph>
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103
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If, after termination of the Contractor
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If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the Government.</p>
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</li>
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<li class="- topic/li ">
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<p class="- topic/p " id="d3761e103">
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@@ -115,13 +115,13 @@
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<ph outputclass="SmCaps">(Apr 1984)</ph>. If the contract is for dismantling, demolition, or removal of improvements, substitute the following paragraph (a) for paragraph (a) of the basic clause:</p>
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<p class="- topic/p " outputclass="List1">(a)(1) If the Contractor refuses or fails to prosecute the work, or any separable part, with the diligence that will insure its completion within the time specified in this contract, including any extension, or fails to complete the work within this time, the Government may, by written notice to the Contractor, terminate the right to proceed with the work or the part of the work that has been delayed. In this event, the Government may take over the work and complete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work.</p>
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<p class="- topic/p " outputclass="List2">(2) If title to property is vested in the Contractor under this contract, it shall revest in the Government regardless of any other clause of this contract, except for property that the Contractor has disposed of by bona fide sale or removed from the site.</p>
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<p class="- topic/p " outputclass="List2">(3) The Contractor and its sureties shall be liable for any damage to the Government resulting from the Contractor
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<p class="- topic/p " outputclass="List2">(3) The Contractor and its sureties shall be liable for any damage to the Government resulting from the Contractor's refusal or failure to complete the work within the specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the Government in completing the work.</p>
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<?FM MARKER [Alt] End?>
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<?FM MARKER [Alt] Start?>
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<p class="- topic/p " id="d3757e125">
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<i class="+ topic/ph hi-d/i ">Alternate II </i>
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<ph outputclass="SmCaps">(Apr 1984)</ph>. If the contract is to be awarded during a period of national emergency, paragraph (b)(1) below may be substituted for paragraph (b)(1) of the basic clause:</p>
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<p class="- topic/p " outputclass="List2">(1) The delay in completing the work arises from causes other than normal weather beyond the control and without the fault or negligence of the Contractor. Examples of such causes include
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<p class="- topic/p " outputclass="List2">(1) The delay in completing the work arises from causes other than normal weather beyond the control and without the fault or negligence of the Contractor. Examples of such causes include—</p>
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<p class="- topic/p " outputclass="List3">(i) Acts of God or of the public enemy,</p>
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<p class="- topic/p " outputclass="List3">(ii) Acts of the Government in either its sovereign or contractual capacity,</p>
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<p class="- topic/p " outputclass="List3">(iii) Acts of another Contractor in the performance of a contract with the Government,</p>
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@@ -140,9 +140,9 @@
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<ph outputclass="SmCaps">(Apr 1984)</ph>. If the contract is for dismantling, demolition, or removal of improvements and is to be awarded during a period of national emergency, substitute the following paragraph (a) for paragraph (a) of the basic clause. The following paragraph (b)(1) may be substituted for paragraph (b)(1) of the basic clause:</p>
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<p class="- topic/p " outputclass="List1">(a)(1) If the Contractor refuses or fails to prosecute the work, or any separable part, with the diligence that will insure its completion within the time specified in this contract, including any extension, or fails to complete the work within this time, the Government may, by written notice to the Contractor, terminate the right to proceed with the work or the part of the work that has been delayed. In this event, the Government may take over the work and complete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work.</p>
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<p class="- topic/p " outputclass="List2">(2) If title to property is vested in the Contractor under this contract, it shall revest in the Government regardless of any other clause of this contract, except for property that the Contractor has disposed of by bona fide sale or removed from the site.</p>
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<p class="- topic/p " outputclass="List2">(3) The Contractor and its sureties shall be liable for any damage to the Government resulting from the Contractor
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<p class="- topic/p " outputclass="List1">(b) The Contractor
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<p class="- topic/p " outputclass="List2">(1) The delay in completing the work arises from causes other than normal weather beyond the control and without the fault or negligence of the Contractor. Examples of such causes include
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<p class="- topic/p " outputclass="List2">(3) The Contractor and its sureties shall be liable for any damage to the Government resulting from the Contractor's refusal or failure to complete the work within the specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the Government in completing the work.</p>
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<p class="- topic/p " outputclass="List1">(b) The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause, if—</p>
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<p class="- topic/p " outputclass="List2">(1) The delay in completing the work arises from causes other than normal weather beyond the control and without the fault or negligence of the Contractor. Examples of such causes include—</p>
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<p class="- topic/p " outputclass="List3">(i) Acts of God or of the public enemy,</p>
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<p class="- topic/p " outputclass="List3">(ii) Acts of the Government in either its sovereign or contractual capacity,</p>
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<p class="- topic/p " outputclass="List3">(iii) Acts of another Contractor in the performance of a contract with the Government,</p>
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