2022-234 - Laserfiche WebLink

Home Browse Search

Vero Beach, FL 32960 C. Failure of the CONSULTANT to comply with these requirements shall be a material breach of this Agreement. Article 10: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONSULTANT and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONSULTANT is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONSULTANT neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONSULTANT's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONSULTANT assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONSULTANT abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONSULTANT or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONSULTANT in writing of the grounds for termination and provide CONSULTANT with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONSULTANTfails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONSULTANT in writing. Upon receiving such notification, CONSULTANT shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONSULTANT to restore any work sites. D. The CONSULTANT shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. The CONSULTANT shall have the right to terminate upon seven (7) days notice to the OWNER, upon breach by OWNER of any of its obligations under this contract. In the event of such termination, the consultant shall be paid for all services performed up to the effective date of the termination, and all damages, if any, resulting from the owner's breach of this contract. F. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONSULTANT's services and work for OWNER's convenience. Upon receipt of notice of such termination 5