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06/23/2020 (2)
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06/23/2020 (2)
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Last modified
9/17/2020 2:07:13 PM
Creation date
9/16/2020 11:37:20 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
06/23/2020
Meeting Body
Board of County Commissioners
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(2) if CONTRACTOR 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 CONTRACTOR's work is being unnecessarily delayed and will not be <br />finished within the prescribed time; <br />(4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or <br />(5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment <br />for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of <br />his property. <br />(6) if CONTRACTOR fails to pay subcontractors, materialmen and/or suppliers on a timely basis. <br />B. OWNER shall, before terminating the Contract for any of the foregoing sons, notify CONTRACTOR <br />in writing of the grounds for termination and provide CONTRACTOR With ten (10) calendar days to <br />cure the default to the reasonable satisfaction of the OWNER.,-.,,,J�,r' <br />C. If the CONTRACTOR fails to correct or cure within the time provided ii `14'6°p&6cedingti Sub-Article B, <br />OWNER may terminate this Contract by notifying CONTRACTOR Ifi rrtm`g,\ Upon r ceiving such <br />notification, CONTRACTOR shall immediately cease a'll.w.ork hereunder}and shall forfeit%any further <br />right to possess or occupy the site or any materials44ereon; provided, however, ;that the OWNER <br />may authorize CONTRACTOR to restore any ork sites.��; <br />D. The CONTRACTOR shall be liable for f <br />-a' <br />(1) any new cost incurred by the OWNR in sol citing bids.'or proposals for and letting a new contract; <br />andf <br />(2) the difference between the cost of completing the>new contract and the cost of completing this <br />Contract;�r� <br />(3) any court costs and�attorney'ssfees associated with'any;l�w suit undertaken by OWNER to enforce <br />its rights herein. <br />�. N, <br />E. TERMINATION 'FOR' CONVENIENCE ,OWNER :may;.at any time and for any reason terminate <br />CONTRACTOR`S servic s_-aid work for OWNER'S convenience. Upon receipt of notice of such <br />termination CONTRACTOR:.s:hall, unless'4he notice directs otherwise, immediately discontinue the <br />work: -and immediately. cease ordbring,o(any materials, labor, equipment, facilities, or supplies in <br />connectiion'>with thea performance of-t_his Contract. Upon such termination Contractor shall be <br />entified todpayment "only asfollows ¢/ <br />(1)the actual cost of:the work completed in conformity with this Contract and the specifications; plus, <br />(2) such"other: costs_=actually`Jncurred by CONTRACTOR as are permitted by the prime contract and <br />approved..by the OWNER.N,"," <br />Contractor shall not be''entitled to any other claim for compensation or damages against the County <br />in the event of'su6 termination. <br />[The remainder of this page was left blank intentionally] <br />141 <br />
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