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1996-179
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1996-179
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Last modified
9/9/2024 12:57:41 PM
Creation date
9/27/2021 12:42:58 PM
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
08/06/1996
Control Number
1996-179
Entity Name
Allcomm Network, Inc.
Subject
Fiber Optic Installation
Bid Number
IRC-6080
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4.0 TERMINATION/DEFAULT <br />4.1 If the CONTRACTOR shall be adjudged as bankrupt, or if he should make a general <br />assignment for the benefit of his creditor(s), or -if a receiver shall be appointed for the <br />CONTRACTOR, or if he should persistently or repeatedly refuse or fail to supply enough <br />properly skilled workmen or proper materials, or if he should refuse or fail to make payment to <br />persons supplying labor or materials for the work under the contract, or persistently disregards <br />instructions of the OWNER, or fails to observe or perform, or be guilty of a substantial violation <br />of any provision of the contract documents, then the OWNER, after serving at least ten (10) days <br />prior= notice to the CONTRACTOR of its intent to terminate, and such default shall - <br />continue unremedied for a period of ten (10) days, may terminate the contract without prejudice to <br />any other rights or remedies and take possession of the work; and the OWNER may take <br />possession of, and utilize in completing the work, such materials, appliances and equipment as <br />may be on the site of the work and necessary therefore. The CONTRACTOR shall be liable to 4 <br />the OWNER for any damages resulting from such default. <br />j 5.0 DELAY <br />5.1 Notwithstanding the contract schedule, the County shall have the right to delay performance <br />for up tothree (3) months as necessary or desirable, and such delay shall not be deemed a breach <br />of contract, but the contract schedule shall be extended for a period equivalent to the time lost by t <br />t reason of the County's delay. <br />5.2 If the work is stopped or delayed for more than three (3) months, either in whole or in <br />substantial part, either the County or CONTRACTOR may elect to terminate the contract <br />because of such delay. If such stoppage or delay is due to actions taken by the County within its <br />control, Contractor's sole remedy under the contract shall be reimbursement for costs reasonably <br />expended in preparation for or in performance of the contract plus Contractor's lost profit for the <br />period of Contractor's performance on the job site. <br />5.3 If the performance of the contract is delayed by fire, lightning, earthquake, cyclone or other <br />such cause completely beyond the control of either the County or CONTRACTOR, then :the time <br />for completion of the contract shall be extended for a period equivalent to the time lost by reason <br />of any of the aforesaid causes. <br />6.0 WARRANTY/GUARANTEE <br />6.1 CONTRACTOR warrants and guarantees to OWNER :that all materials will be new unless <br />otherwise specified and that all work will be of good quality and free from defects and in <br />accordance with the Specifications. <br />6.2 CONTRACTOR agrees to remedy promptly and without cost to OWNER, any defective <br />materials or workmanship which appear within one (1) year from the date of completion of the <br />u.: <br />work. <br />6.3 No provision contained in these Specifications shall be held to limit Contractor's liability for <br />defects to less than the legal limit of liability in accordance with law. <br />6.4 No provision contained in these Specifications shall be held to limit the terms and conditions <br />of the Manufacturer's Warranty and CONTRACTOR shall secure parts, materials and equipment <br />>� <br />to be installed with Manufacturer's full warranty as to parts and service for one (1) year wherever <br />tir <br />possible, <br />Qf. <br />13 <br />
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