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2008-321
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2008-321
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Last modified
2/6/2026 1:20:42 PM
Creation date
10/1/2015 12:42:00 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
09/23/2008
Control Number
2008-321
Agenda Item Number
15.B.3
Entity Name
Trademark Metals Recycling LLC
Subject
Scrap Metal Processing Attachment 1
Alternate Name
TMR
Supplemental fields
SmeadsoftID
7621
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(1) If the Contractor should be adjudged bankrupt, or if he, or it, should <br />make a general assignment for the benefit of his, or its, creditors, or if a receiver should be <br />appointed on account of his, or its, insolvency. <br />(2) If the Contractor should refuse or fail, except in cases for which an <br />extension of time is provided, to supply enough properly skilled workmen or proper material <br />to meet the project schedule or if the Contractor should fail to make prompt payment for <br />materials, or labor or other services entering into the Work. <br />(3) If the Contractor disregards laws, ordinances, or the instructions of the <br />Project Manager or otherwise be guilty of a substantial violation of the provisions of the <br />Contract. <br />(4) Fails to perform any of the terms of this Contract or performs work <br />which fails to conform to the requirements of this Contract. <br />In the event of termination, the County may take possession of the premises <br />and all materials, tools, and appliances, thereon and finish the Work by whatever method it <br />may deem expedient. In such cases, the Contractor shall only be entitled to receive payment <br />for Work satisfactorily completed prior to the termination date, subject to any setoffs due <br />the County in completing the Project and for reimbursement of damages incurred. The County <br />may take possession of and use any materials, plant, tools, equipment, and property of any kind <br />furnished by Contractor to complete the Work. If the expense incurred by the County to <br />finish the Work exceeds the unpaid balance on this Contract, the Contractor shall pay the <br />difference to the County. The expense incurred by the County as herein provided, and the <br />damage incurred through the Contractor's default, shall be certif ied by the Project Manager. <br />The Contractor shall be responsible for both liquidated damages attributable to delay and for <br />excess completion costs. The liability of the Contractor and its surety or sureties for such <br />damages and costs is joint and several. The obligations of the Contractor and his surety with <br />respect to the warranty and maintenance shall remain in full force and effect for the portion <br />of the Work completed by the Contractor and shall not expire until the expiration of the <br />prescribed time period measured from the final acceptance of the project in its entirety. <br />These clauses shall survive the termination of this Contract. If the County makes a <br />determination pursuant to this Contract to hold the Contractor in default and terminate the <br />Contract for cause and it is subsequently determined that any such determination was <br />improper, unwarranted, or wrongful, then any such termination shall be deemed for all <br />purposes as a termination without cause as described below. The Contractor agrees that it <br />shall be entitled to no damages, allowances or expenses of any kind other than as provided in <br />this Agreement in connection with such termination, and does expressly waive, in the event <br />-8- <br />
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