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04/21/2020 (5)
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04/21/2020 (5)
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8/20/2020 11:35:21 AM
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8/20/2020 11:30:55 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
04/21/2020
Meeting Body
Board of County Commissioners
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Article 11: TERMINATION OF CONTRACT <br />A. The occurrence of any of the following shall constitute a default by PROVIDER and shall provide <br />the OWNER with a right to terminate this Contract in accordance with this Article, in addition to <br />pursuing any other remedies which the OWNER may have under this Contract or under law: <br />(1) if in the OWNER's opinion PROVIDER is improperly performing work or violating any <br />provision(s) of the Contract Documents; <br />(2) if PROVIDER neglects or refuses to correct defective work or replace defective parts or <br />equipment, as directed by the Engineer pursuant to an inspection; <br />(3) if in the OWNER's opinion PROVIDER's work is being unnecessarily delayed and will not <br />be finished within the prescribed time; <br />(4) if PROVIDER assigns this Contract or any money accruing thereon or approved thereon; <br />or <br />(5) if PROVIDER abandons the work, is adjudged bankrupt, or if he makes a general <br />assignment for the benefit of his creditors, or if a trustee or receiver is appointed for PROVIDER <br />or for any of his property. <br />B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify PROVIDER <br />in writing of the grounds for termination and provide PROVIDER with ten (10) calendar days to <br />cure the default to the reasonable satisfaction of the OWNER. <br />C. If the PROVIDER fails to correct or cure within the time provided in the preceding Sub -Article B, <br />OWNER may terminate this Contract by notifying PROVIDER in writing. Upon receiving such <br />notification, PROVIDER shall immediately cease all work hereunder and shall forfeit any further <br />right to possess or occupy the site or any materials thereon; provided, however, that the OWNER <br />may authorize PROVIDER to restore any work sites. <br />D. The PROVIDER shall be liable for: <br />(1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new <br />contract; and <br />(2) the difference between the cost of completing the new contract and the cost of completing <br />this Contract; <br />(3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to <br />enforce its rights herein. <br />E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate <br />PROVIDER's services and work for OWNER's convenience. Upon receipt of notice of such <br />termination PROVIDER shall, unless the notice directs otherwise, immediately discontinue the <br />work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies <br />in connection with the performance of this Contract. Upon such termination Provider shall be <br />entitled to payment only as follows: <br />(1) the actual cost of the work completed in conformity with this Contract and the <br />specifications; plus, <br />(2) such other costs actually incurred by PROVIDER as are permitted by the prime contract <br />and approved by the OWNER. <br />Provider shall not be entitled to any other claim for compensation or damages against the County <br />in the event of such termination. <br />39 <br />
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