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Vero Beach, FL 32960 <br /> C. Failure of the Contractor to comply with these requirements shall be a material breach of this <br /> Agreement. <br /> Article 10: TERMINATION OF CONTRACT <br /> A.The occurrence of any of the following shall constitute a default by CONTRACTOR 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 CONTRACTOR is improperly performing work or violating any <br /> provision(s)of the Contract Documents; <br /> (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts <br /> or 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 <br /> not be finished within the prescribed time; <br /> (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved <br /> thereon;or <br /> (5) if CONTRACTOR 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 <br /> CONTRACTOR or for any of his property. <br /> B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify <br /> CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) <br /> calendar days to cure the default to the reasonable satisfaction of the OWNER. <br /> C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub-Article <br /> B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving <br /> such notification,CONTRACTOR shall immediately cease all work hereunder and shall forfeit any <br /> further right to possess or occupy the site or any materials thereon; provided,however,that the <br /> OWNER may authorize CONTRACTOR to restore any work sites. <br /> D.The CONTRACTOR 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 /> CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such <br /> termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue <br /> the work and immediately cease ordering of any materials, labor, equipment, facilities, or <br /> supplies in connection with the performance of this Contract. Upon such termination Contractor <br /> shall be entitled to payment only as follows: <br />