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<br />5. The City shall, after receipt of all requested and/or pertinent information <br />and documents from the Contractor, render a written decision regarding the claim <br />within fourteen (14) days after the submittal of the Contractor. <br /> <br />6. The making of final payment shall not constitute a waiver of any claims by <br />the City. Acceptance of final payment by the contractor shall constitute a waiver of all <br />claims by the Contractor except those: (1) previously and timely made in writing, (2) <br />identified in writing by the Contractor at the time of final application for payment; and <br />(3) otherwise made in full compliance with the terms and conditions of the Contract <br />Documents. <br /> <br />ARTICLE VIII. TERMINATION <br /> <br />1. If the project is abandoned for more than ten (10) days by the Contractor <br />without prior written change order or notice to the City, this Agreement may be <br />terminate by the City upon ten (10) days written notice to the Contractor. If such <br />termination occurs, the City shall pay the Contractor for the work completed. <br /> <br />2. If the Contractor defaults or persistently fails or neglects to carry out the <br />work in accordance with the Contract Documents or fails to perform the proVisions of <br />this Agreement, the City may give written notice that the City intends to terminate this <br />Agreement. If the Contractor fails to correct the default, failure or neglect with in <br />fourteen (14) calendar days after receipt of notice, the City may, without prejudice to <br />any other remedy, terminate the employment of the Contractor and finish the work by <br />whatever method the City may deem expedient. <br /> <br />3. If the unpaid balance of the contract sum exceeds the expense of <br />finishing the work and any and all damages or related costs incurred by the City, such <br />excess shall be paid to the Contractor based upon work completed sufficiently to the <br />date of the termination. If the expense of completing the work and all damages <br /> <br />8 <br />