20B - AA - DEMO CONTRACT - Laserfiche WebLink

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16. CITY'S POWER TO TERMINATE Should Contractor commit any of the acts specified in this paragraph, City may, by giving ten (10) calendar days notice in writing thereof to Contractor, without prejudice to any other rights or remedies given City by law or by this Contract, terminate the services of Contractor under this Contract, take possession of all materials and appliances located on said real property, and complete the work required by this Contract. Contractor shall be deemed to have committed an act specified in this paragraph if it shall: (a) Be adjudged a bankrupt; (b) Make a general assignment for the benefit of its creditors; (c) Refuse or fail to supply enough properly skilled workers or proper materials to complete the work required by this Contract within the time specified in this Contract; (d) Fail to make prompt payment to subcontractors, laborers, or material men for labor performed or materials furnished to the work required by this Contract; (e) Persistently disregard any law or ordinance relating to the work required by this Contract or the completion thereof; or (f) Otherwise commit a substantial violation of any provision of this Contract. 17. RIGHTS ON TERMINATION BY CITY Should City terminate the services of Contractor under this Contract and complete the work pursuant without Contractor, Contractor shall not be entitled to receive any further payment under this Contract until the work is fully completed. On completion of said work by City, if the unpaid balance of the contract price exceeds the expenses incurred by City in completing the work, including any compensation paid by City for managerial, administrative, or supervisorial services in completing the work, such excess shall be promptly paid by City to Contractor. If, however, on completion of the work by City, the expenses incurred by City in completing said work, including any compensation by City for managerial, administrative, or supervisorial services in completing said work, exceed the unpaid balance of the contract price, such excess shall be promptly paid by Contractor to City. 18. CONTRACTOR'S POWER TO TERMINATE CONTRACT Should City fail to pay to Contractor within thirty (30) calendar days after such receipt of proper invoice, without just cause, any amount payable by City to Contractor, Contractor may, by giving fifteen (15) calendar days written notice thereof to City, terminate its services under this Contract and stop work on said Property. 19. LIQUIDATED DAMAGES Contractor and City agree that it would either be impractical or extremely difficult to fix actual damages in the event Contractor fails to complete the described work within the time prescribed by this Contract. In connection therewith, Contractor agrees to pay City liquidated damages for each calendar day beyond the date when completion is required hereinabove, excluding extensions as stated, below in the following amount: One Hundred Dollars ($100.00) per calendar day. The amount of liquidated damages shall be deducted from the Contractor's Retention Payment at project completion. If at any time the amount of liquidated damages exceed the amount of Retention Payment, there shall not be any payment to the Contractor until such time that the amount of payment due the Contractor exceeds the amount of liquidated damages. EXHIBIT 3 5 20B-13