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2021-208
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Article 11: 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. In the event of termination, the CONTRACTOR shall be liable for the cost of replacement services, <br />not to exceed 120% of the original contract price, and shall in no event include any consequential <br />or indirect damages of any kind. <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 />(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 CONTRACTOR as are permitted by the prime <br />contract and approved by the OWNER. <br />Contractor shall not be entitled to any other claim for compensation or damages against the <br />County in the event of such termination. <br />F. TERMINIATION IN REGARDS TO F.S. 287.135: TERMINATION IN REGARDS TO F.S. 287.135: <br />CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law <br />are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of <br />the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is <br />M <br />
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