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( 1 ) If the Contractor should be adjudged bankrupt , or if he , or it , should make a general assignment for the benefit of his , or its , creditors , or if a receiver should be appointed on account of his , or its , insolvency . ( 2 ) If the Contractor should refuse or fail , except in cases for which an extension of time is provided , to supply enough properly skilled workmen or proper material to meet the project schedule or if the Contractor should fail to make prompt payment for materials , or labor or other services entering into the Work . ( 3 ) If the Contractor disregards laws , ordinances , or the instructions of the Project Manager or otherwise be guilty of a substantial violation of the provisions of the Contract . (4 ) Fails to perform any of the terms of this Contract or performs work which fails to conform to the requirements of this Contract . In the event of termination , the County may take possession of the premises and all materials , tools , and appliances , thereon and finish the Work by whatever method it may deem expedient . In such cases , the Contractor shall only be entitled to receive payment for Work satisfactorily completed prior to the termination date , subject to any setoffs due the County in completing the Project and for reimbursement of damages incurred . The County may take possession of and use any materials , plant , tools , equipment , and property of any kind furnished by Contractor to complete the Work . If the expense incurred by the County to finish the Work exceeds the unpaid balance on this Contract , the Contractor shall pay the difference to the County . The expense incurred by the County as herein provided , and the damage incurred through the Contractor ' s default , shall be certif ied by the Project Manager . The Contractor shall be responsible for both liquidated damages attributable to delay and for excess completion costs . The liability of the Contractor and its surety or sureties for such damages and costs is joint and several . The obligations of the Contractor and his surety with respect to the warranty and maintenance shall remain in full force and effect for the portion of the Work completed by the Contractor and shall not expire until the expiration of the prescribed time period measured from the final acceptance of the project in its entirety . These clauses shall survive the termination of this Contract . If the County makes a determination pursuant to this Contract to hold the Contractor in default and terminate the Contract for cause and it is subsequently determined that any such determination was improper , unwarranted , or wrongful , then any such termination shall be deemed for all purposes as a termination without cause as described below . The Contractor agrees that it shall be entitled to no damages , allowances or expenses of any kind other than as provided in this Agreement in connection with such termination , and does expressly waive , in the event - 8 -