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2024045 Trans Florida Rail Trail Boardwalk Repairs <br /> C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. <br /> ARTICLE 9—TERMINATION OF CONTRACT <br /> A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the <br /> OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any <br /> 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 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 <br /> finished 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 <br /> for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his <br /> property. <br /> B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in <br /> writing of the grounds for termination and provide CONTRACTOR with ten (10)calendar days to cure the <br /> 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 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 <br /> or occupy the site or any materials thereon; provided, however, that the OWNER may authorize <br /> CONTRACTOR 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; <br /> 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 <br /> shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease <br /> ordering of any materials, labor,equipment,facilities,or supplies in connection with the performance of <br /> this Contract. Upon such termination Contractor shall be entitled to payment only as follows: <br /> (1) the actual cost of the work completed in conformity with this Contract and the specifications; <br /> plus, <br /> (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and <br /> approved by the OWNER. <br /> Contractor shall not be entitled to any other claim for compensation or damages against the County in <br /> the event of such termination. <br />