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2023-193
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2023-193
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Last modified
10/9/2023 1:24:47 PM
Creation date
10/9/2023 1:21:41 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/12/2023
Control Number
2023-193
Agenda Item Number
8.K.
Entity Name
Precision Contracting Services, Inc.
Subject
Agreement for Annual Fiber Optic Engineering, Design Material, Supplies, and Installation
Area
Various throughout Indian River County
Bid Number
2023056
Document Relationships
2023-194
(Cover Page)
Path:
\Official Documents\2020's\2023
2023-195
(Cover Page)
Path:
\Official Documents\2020's\2023
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0. License and Delivery of Works Subject to Copyright and Data Rights: The Contractor grants to the Owner a <br />paid-up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of <br />this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the <br />public, and perform publicly and display publicly such data. For data required by the contract but not first <br />produced in the performance of this contract, the Contractor will identify such data and grant to the Owner or <br />acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. <br />Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written <br />reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, <br />sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural <br />works. Upon or before the completion of this contract, the Contractor will deliver to the Owner data first produced <br />in the performance of this contract and data required by the contract but not first produced in the performance <br />of this contract in formats acceptable by the Owner. <br />11: TERMINATION OF CONTRACT <br />A. The occurrence of any of the following shall constitute a default by Contractor and shall provide the Owner <br />with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other <br />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 provision(s) <br />of the Contract Documents; <br />(2) if Contractor 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 Contractor's work is being unnecessarily delayed and will not be finished <br />within the prescribed time; <br />(4) if Contractor assigns this Contract or any money accruing thereon or approved thereon; or <br />(5) if Contractor abandons the work, is adjudged bankrupt, or if he makes a general assignment for <br />the benefit of his creditors, or if a trustee or receiver is appointed for Contractor or for any of his property. <br />B. Owner shall, before terminating the Contract for any of the foregoing reasons, notify Contractor in writing <br />of the grounds for termination and provide Contractor with ten (10) calendar days to cure the default to <br />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 B, Owner <br />may terminate this Contract by notifying Contractor in writing. Upon receiving such notification, <br />Contractor shall immediately cease all work hereunder and shall forfeit any further right to possess or <br />occupy the site or any materials thereon; provided, however, that the Owner may authorize Contractor <br />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 contract; and <br />(2) the difference between the cost of completing the new contract and the cost of completing this <br />Contract; <br />(3) any court costs and attorney's fees associated with any lawsuit undertaken by Owner to enforce its <br />rights herein. <br />E. TERMINATION FOR CONVENIENCE: Owner may at any time and for any reason terminate Contractor's <br />services and work for Owner's convenience. Upon receipt of notice of such termination Contractor shall, <br />11 <br />
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