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2000-236
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2000-236
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Last modified
7/12/2024 11:57:10 AM
Creation date
7/12/2024 11:38:59 AM
Metadata
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Template:
Official Documents
Official Document Type
Contract
Approved Date
08/01/2000
Control Number
2000-236
Agenda Item Number
11.G.6.
Entity Name
William Glover, Inc.
Subject
Contract for Shooting Range Buildings
Includes Change Orders
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do <br />C1 <br />0 <br />OWNER May TernAnate: <br />15.2 Upon the occurrence of any one or more of the following events: <br />15.2.1 if CONTRACTOR commences a voluntary case under any chapter of the <br />Bankruptcy Code (Title 11, United States Code), as now or hereafter in effect, or <br />if CONTRACTOR takes any equivalent or similar action by filing a petition or <br />otherwise wider any other federal or state law in effect at such time relating to the <br />bankruptcy or insolvency; <br />15.2.2 if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy <br />Code as now or hereafter in effect at the time of filing, or if a petition is filed <br />seeking any such equivalent or similar relief against CONTRACTOR under any <br />other federal or state law in effect at the time relating to bankruptcy or insolvency; <br />15.2.3 if CONTRACTOR makes a general assignment for the benefit of creditors; <br />15.2.4 if a trustee, receiver, custodian or agent of CONTRACTOR is appointed under <br />applicable law or under contract, whose appointment or authority to take charge of <br />property of CONTRACTOR is for the purpose of enforcing a Lien against such <br />property or for the purpose of ,general administration of such property for the <br />benefit of CONTRACTOR's creditors; <br />15.2.5 if CONTRACTOR admits in writing an inability to pay its debts generally as they <br />become due; <br />152.6 if CONTRACTOR persistently fails to perform the Work in accordance with the <br />Contract Documents (including, but not limited to, failure to supply sufficiently <br />skilled workers or suitable materials or equipment or failure to adhere to the <br />progress schedule established under paragraph 2.9 as revised from time to time), <br />15.2.7 if CONTRACTOR disregards Laws or Regulations of any public body having <br />jurisdiction; <br />15.2.8 if CONTRACTOR disregards the authority of ENGINEER; or <br />15.2.9 if CONTRACTOR otherwise violates in any substantial way any provisions of the <br />Contract Documents. <br />OWNER may, after giving CONTRACTOR (and the surety, if there be one) severs (7) days written <br />notice and to the extent permitted by Laws and Regulations, terminate the services of <br />CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all <br />CONTRACTOR's tools, appliances, construction equipment lord machinery at the site and use the <br />same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR <br />for trespass or conversion), incorporate in the Work all materials and equipment stored at the site <br />or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work <br />as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any <br />further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the <br />direct, indirect and consequential costs of completing the Work (including but not limited to fees <br />and charges of engineers, architects, attorneys and other professionals and court and arbitration <br />costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, <br />CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be <br />approved as to reasonableness by ENGINEER and incorporated in a Change Order, but when <br />exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the <br />lowest price for the Work performed. <br />15.3 Where CONTRACTOR's services have been so terminated by OWNER, the termination will not <br />affect any rights or remedies of OWNER against CONTRACTOR then existing or which may <br />thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not <br />release CONTRACTOR from liability. <br />15.4 Upon seven (7) days written notice to CONTRACTOR and ENGINEER. OWNER may, without <br />cause and without prejudice to any other right or remedy, elect to abandon the Work and terminate <br />GENERAL CONDMONS <br />GC - 34 <br />
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