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2022-002
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2022-002
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Last modified
1/26/2022 1:23:15 PM
Creation date
1/26/2022 1:07:32 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
01/11/2022
Control Number
2022-002
Agenda Item Number
8.F.
Entity Name
Graymatter Systems, LLC
Subject
Agreement for Industrial Control System Network Design
RFP No. 2022014,1800 27th Street
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Vero Beach, FL 32960 <br />C. Failure of the SUPPLIER to comply with these requirements shall be a material breach of this <br />Agreement. <br />Article 11: TERMINATION OF CONTRACT <br />A. The occurrence of any of the following shall constitute a default by SUPPLIER and shall provide the <br />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 SUPPLIER is improperly performing work or violating any <br />provision(s) of the Contract Documents; <br />(2) if SUPPLIER 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 SUPPLIER's work is being unnecessarily delayed and will not be <br />finished within the prescribed time; <br />(4) if SUPPLIER assigns this Contract or any money accruing thereon or approved thereon; or <br />(5) if SUPPLIER 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 SUPPLIER or for any of <br />his property. <br />B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify SUPPLIER <br />in writing of the grounds for termination and provide SUPPLIER with ten (10) calendar days to <br />cure the default to the reasonable satisfaction of the OWNER. <br />C. If the SUPPLIER fails to correct or cure within the time provided in the preceding Sub -Article B, <br />OWNER may terminate this Contract by notifying SUPPLIER in writing. Upon receiving such <br />notification, SUPPLIER 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 SUPPLIER to restore any work sites. <br />D. The SUPPLIER 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 />SUPPLIER's services and work for OWNER's convenience. Upon receipt of notice of such <br />termination SUPPLIER 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 SUPPLIER 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 />
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