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Agenda Packet_2022-12-20
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Agenda Packet_2022-12-20
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Agenda Packet
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12/20/2022
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17. TERMINATION <br />Either party may terminate this Agreement for convenience and without cause upon <br />thirty (30) days written notice of termination. In such event, Contractor shall be entitled to <br />receive and the City shall pay Contractor compensation for all services performed by Contractor <br />prior to receipt of such notice of termination, subject to the following conditions: <br />a. As a condition of such payment, the Executive Director may require Contractor to deliver <br />tothe City all work product completed as of such date, and in such case such work <br />product shall be the property of the City unless prohibited by law, and Contractor <br />consents to the City's use thereof for such purposes as the City deems appropriate. <br />b. Payment need not be made for work which fails to meet the standard of <br />performance specified in the Recitals of this Agreement. <br />18. DEFAULT <br />18.1 Notice of Default. <br />In the event that City determines, in its sole discretion, that Contractor has failed or <br />refused to perform any of the obligations set forth in the Design -Build Documents, or is in <br />breach of any provision of the Design -Build Documents, City may give written notice of <br />default to Contractor in the manner specified in this Agreement, with a copy to Contractor's <br />performance bond surety. <br />18.2 Opportunity to Cure Default. <br />Except for emergencies, Contractor shall cure any default in performance of its <br />obligations under the Design -Build Documents within ten (10) business days after receipt of <br />written notice. However, if the breach cannot be reasonably cured within such time, Contractor <br />will commence to cure the breach within ten (10) Days (or such longer time as City and <br />Contractor may reasonably agree) and will diligently and continuously prosecute such cure to <br />completion within a reasonable time by the parties. <br />18.3 Remedies Upon Default. If Contractor fails to cure any default of this Agreement <br />within the time period set forth in this Section, then City may pursue any remedies available <br />under law or equity, including, without limitation, the following: <br />18.3.1 City may, without terminating the Agreement, engage others to perform <br />the Work or portion thereof that has not been adequately performed by Contractor and <br />withhold the cost thereof to City from future payments to Contractor related to such portion of <br />Work, reserving to itself all rights to losses related thereto. <br />18.3.2 Terminate the Design -Build Contract for Default. City shall have the right <br />to terminate this Agreement, in whole or in part, upon the failure of Contractor to promptly <br />cure any default as required by this Section. City's election to terminate the Agreement for <br />City Council , , 16 — 16 12/20/2022 <br />
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