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04 - Contract - Interior Demolition Inc - 8 Properties
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04 - Contract - Interior Demolition Inc - 8 Properties
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1/3/2012 3:32:29 PM
Creation date
5/16/2011 9:27:10 AM
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City Clerk
Doc Type
Agenda Packet
Item #
04
Date
5/16/2011
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16. .A~EI~C~' S P~w]ER Tel TE1~MIl~A.TE <br /> Should Contractor carnn~.it any of the acts specified in this paragraph, Agency may, by giving ten <br /> X10} calendar days notice in writing thereof to Contractor, without prejudice to any other rights or remedies <br /> given Agency by law ar by this Contract, terminate the services of Cantractar under this Contract, take <br /> possession of all materials and appliances located an said real property, and complete the work required by <br /> this Contract. Cantractar shall be deemed to have committed an act specified in this paragraph if it shall: <br /> ~a} Be adjudged a bankrupt; <br /> fib} Make a general assignment for the benefit of its creditors; <br /> ~c} Refuse ar fail to supply enough properly skilled workers or proper materials to complete the <br /> work required by this Contract within the time specified in this Contract; <br /> ~d} Fail to mare prompt payment to subcontractors, laborers, or ~n.aterial m.en far labor <br /> performed ar materials f~rn.ished to the work required by this Contract; <br /> fie} Persistently disregard any law or ordinance relating to the work required by this Contract <br /> or the completion thereof; or <br /> ~f} Qtherwise commit a substantial violation of any provision of this Contract. <br /> 17. ~~I~TS TEIk~I~ATI~~ A~E~~~ <br /> Should Agency terminate the services of Contractor under this Contract and complete the work <br /> pursuant without Cantractar, Contractor shall not be entitled to receive any further payment under this <br /> Contract until the work is fully completed, ~n completion of said work by Agency, if the unpaid balance of <br /> the contract price exceeds the expenses incurred by Agency in completing the wank, including any <br /> compensation paid by Agency far managerial, administrative, or supervisorial services in con~.pleting the <br /> work, such excess shall be promptly paid by Agency to Contractor. lf, however, on completion of the work <br /> by Agency, the expenses incurred by Agency in complcting said work, including any compensation by <br /> Agency for managerial, administrative, or supervisorial services in completing said work, exceed the unpaid <br /> balance of the contract price, such excess shall be promptly paid by Contractor to Agency. <br /> 18. C~N~TI~ACT~~~ S P~wET~ TIC TER~J[INATE CI~NTRAC`T <br /> Should Agency fail to pay to Contractor within thirty ~3~} calendar days after such receipt of proper <br /> invoice, without just cause, any amount payable by Agency to Contractor, Cantractar may, by giving fifteen <br /> ~l calendar days written notice thereof to Agency, terminate its services under this Contract and stop <br /> <br /> work on said Property, <br /> 19. LI(~L~I~ATEIII)AIVIAhE~ <br /> Contractor and Agency agree that it would either be impractical or extremely difficult to ~x actual <br /> damages in the event Contractor fails to complete the described work within the time prescribed by this <br /> Contract. in connection therewith, Cantractar agrees to pay Agency liquidated damages for each calendar <br /> <br /> day beyond the date when completion is required hereinabove, excluding extensions as stated, below in the <br /> <br /> following amount; Une Hundred Dollars ($10a.~0} per calendar day. The amount of liquidated damages <br /> shall be deducted from the Contractor's Retention Payment at proj ect completion. If at any time the amount <br /> <br /> of liquidated damages exceed the amount of Retention Payment, there shall not be any payment to the <br /> <br /> Contractor until such time that the amount of payment due the Contractor exceeds the amount of liquidated <br /> <br /> damages. <br /> ~ ~ g ~xH~s~T ~ <br /> S <br /> t <br /> <br />
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