1999-213 - Laserfiche WebLink

Home Browse Search

do Article 22. Applicable Law — This Contract shall be governed by the Uniform Commercial Code. Any tern used in this Contract and defined in the Uniform Commercial Code, shall have the meaning contained in the Code. As used herein, the term "Uniform Commercial Code," means the Uniform Commercial Code as adopted in the state of Florida as of the date of this contract. Article 23. Right of Assurance — Whenever a party to this Contract in good faith has reason to question the other party's intent to perform he may demand that the other party give written assurance of his intent to perform. In the event that a demand is made and no assurance is given within five (5) days. the demanding party may treat this failure as an anticipatory repudiation of this Contract. Article 24. Termination — The County may terminate this Contract, with or without cause. at any time without further obligation hereunder. except with regard to any goods or services already delivered or performed by Contractor under a purchase relcase issued by County, b% delivering written notice to the Contractor. which notice shall include the date upon which termination becomes effective. The County's right to terminate is in addition to County's other rights hereunder, Article 25. Termination for Default — A. The performance of work under this Agreement may be terminated by the County. in whole or in part, in writing, whenever the County's designated representative shall determine that the Contractor has failed to meet the performance requirements of this Agreement. B. The County has the right to terminate for default if the Contractor fails to make delivery of the supplies or perform the work, or if the Contractor fails to perform the work within the time specified in the Agreement, or if the Contractor fails to perform any other provisions of the agreement. C. Failure of a Contractor to deliver or perform the required work within the time specified. or within a reasonable time as determined by the County's designated representative or failure to make replacements of rejected articles or work when so requested, immediately oras directed by the County's designated representative, shall constitute authority for the County to purchase in the open market articles, work, or services of comparable grade to replace the articles or work rejected, not delivered, nor completed. On all such purchases, the Contractor or his surety shall reimburse the County, within a reasonable time specified by the County's designated representative, for any expense incurred in excess of the Agreement prices. Such purchases shall be deduced from Agreement quantities. Should public nccessity demand it, the County reserves the right to utilize services or use and/or consume articles delivered which are substandard in quality subject to an adjustment in price to be determined by County's designated representative. The Contractor shall not be liable for any excess costs if acceptable evidence has been submitted to the County's designated representative that failure to perform the work was due to causes beyond the control and without the fault or negligence of the Contractor. Article 26. Termination for Convenience — The County may terminate this Agreement at its convenience with ninety (90) day advance written notice to the Contractor.