Reso 2014-2277 - Laserfiche WebLink

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equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to bankruptcy or insolvency. 16.1.3 If CONTRACTOR makes a general assignment for the benefit of creditors. 16.1.4 If a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law or under Contract, whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR'S creditors. 16.1.5 If CONTRACTOR admits in writing an inability to pay its debts generally as they become due. 16.1.6 If CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled Workers or suitable materials or equipment or failure to adhere to the progress schedule as same may be revised from time to time), provided that CONTRACTOR is provided thirty (30) days to cure any breach. 16.1.7 If CONTRACTOR disregards laws or regulations of any authority with jurisdiction. 16.1.8 If CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents. CITY may, after giving CONTRACTOR seven (7) days written notice, terminate the services of CONTRACTOR without any liability, of any kind, accruing to the to the CITY and without prejudice to any right or remedy the CITY may have, and exclude the CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR'S tools, appliances, construction equipment and machinery at the site and use the same to full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which CITY has paid CONTRACTOR but which are stored elsewhere, and finish the Work as CITY may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. Notwithstanding the foregoing, the CONTRACTOR is provided with thirty (30) days to cure any breach. 16.2 My's Right to Terminate without Cause: 16.2.1 Upon seven (7) days written notice to CONTRACTOR, CITY may, without cause, without liability of any kind, and without prejudice to any other right or remedy, terminate this agreement. This provision is different from the right to terminate set out in other parts of this Agreement. Upon receipt of the notice of termination, CONTRACTOR shall promptly discontinue all Work at the time and to the extent indicated on the notice of termination, terminate all outstanding Subcontractors and purchase orders to the extent that they relate to the terminated portion of the Agreement, and refrain from placing further orders and Subcontracts. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. In the event of a termination under this provision, the CITY shall pay to the CONTRACTOR only those direct costs associated with all Work actually completed. The 32