Laserfiche WebLink
City of Santa Ana <br />20 Civic Center Plaza (M-21) <br />Santa Ana, CA 92701 <br />714-647-5622 <br />To Contractor: <br />1. TERMINATION <br />1. The City reserves the right to terminate the contract as follows: <br />a. In the event Contractor fails or refuses to timely perform any of the <br />provisions of this agreement in the manner required, or if Contractor <br />violates any provision of this agreement, Contractor shall be deemed in <br />default. City shall provide written notice of such default to Contractor's <br />project manager. Contractor shall cure said default within a period of two <br />(2) working days. If such cure is not completed in a timely manner, City <br />may assess liquidated damages or terminate the agreement forthwith by <br />giving written notice to Contractor's Project Manager. City may, in <br />addition to the other remedies provided in this agreement or authorized <br />by law, terminate this agreement by giving written notice of termination. <br />Contractor shall be responsible for all costs incurred by City, including <br />replacement costs of equipment and labor required to provide service <br />during Contractor's default. In the event of such termination for cause, <br />City shall pay Contractor that portion of compensation specified in the <br />agreement that is earned and unpaid prior to the effective date of <br />termination. Contractor shall not be entitled to any compensation for lost <br />profits it terminated for cause. <br />b. This agreement may be terminated without cause by City upon thirty (30) <br />days written notice delivered to the Contractor either personally or by <br />mail. Upon termination, City shall pay to Contractor that portion of <br />compensation specified in the agreement that is earned and unpaid prior <br />to the effective date of termination. <br />c. In addition to, or in lieu of, remedies provided in this agreement or <br />pursuant to law, City shall have the right to withhold all or a portion of <br />Contractor's compensation for contract services if, in the judgment of the <br />projects manager or designee, the level of service falls below appropriate <br />standards and/or Contractor fails to satisfactorily perform contract <br />services. City shall have the right to retain funds withheld until the Project <br />Manager or designee determines that contract services are performed as <br />well and as frequently as required by this agreement. <br />d. Upon termination of the Agreement, whether by expiration of term or <br />cancellation, Contractor shall assign to City all express warranties <br />furnished by other persons in connection with the provision of labor <br />and/or material to the works of improvement covered by the Agreement. <br />J. CONTRACTOR OPTION FOR TERMINATION <br />25F-10