R2002-137 AWARDING CONTRACT - Laserfiche WebLink

Home Browse Search

any or all claims arising out of the termination of such orders and subcontracts, with the approval or ratification of the CITY, to the extent it may require, which approval or ratification shall be final for all purposes of this clause; complete performance of such part of the work as shall not have been terminated by the notice of termination; and take such action as may be necessary, or as the CITY may direct, for the protection or preservation of the property related to this Agreement and in which the CITY has or may acquire an interest. Settlement of claims by the CONTRACTOR under this termination for convenience clause shall be in accordance with the provisions set forth in Federal Procurement Regulations (FPR) 1-8.701 (c), (d), (e), (fl, (g), (h), (i), (j), and (k) except that wherever the word "Government" appears it shall be deleted and the word "CITY" shall be substituted in place thereof. 10.2 TERMINATION FOR DEFAULT The CITY may, by written notice of default to the CONTRACTOR, terminate the whole or any part of this Agreement if the CONTRACTOR fails to perform the services within the time specified herein or any extension thereof; or if the CONTRACTOR fails to make progress as to endanger performance of this Agreement in accordance with its terms, and in either of these two circumstances does not cure such failure within a period of ten (10) days (or such longer period as the CITY may authorize in writing) after receipt of notice from the CITY specifying such failure. If the Agreement is terminated in whole or in part for default, the CITY may procure, upon such terms and in such manner as the CITY may deem appropriate, services similar to those so terminated. The CONTRACTOR shall be liable to the CITY for any excess costs for such similar services, and shall continue the performance of this Agreement to the extent not terminated under the provisions of this clause. Except with respect to defaults of subcontractors, the CONTRACTOR shall not be liable for any excess costs if the failure to perform the Agreement arises out of causes beyond the control and without the fault ar negligence of the CONTRACTOR If the failure to perform is caused by the default of a subcontractor, and if such default arises out of causes beyond the control of both the CONTRACTOR and subcontractor, and without the fault and negligence of either of them, the CONTRACTOR shall not be liable for any excess costs for failure to perform,unless the services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the CONTRACTOR to meet the required delivery schedule. Payment for services rendered and accepted by the CITY shall be at the Agreement price. The CITY may withhold from amounts otherwise due the CONTRACTOR for such services such sum as the CITY determines to be necessary to protect the CITY against loss because of outstanding liens or claims of former lien holders. If, after notice of termination of this Agreement under the provisions of this clause, it is determined for any reason that the CONTRACTOR was not in default under the provisions of this clause, or that the default was excusable under the provisions of this Decatur Public Transit System Unde�g�-ound TankMo�iito�-ing Upgrades 9