Reso 2024-3646 - Laserfiche WebLink

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4.16 Termination of Agreement For Cause The City, through the City Manager, may terminate this Agreement for cause, upon written notice to Contractor, in the event that the Contractor (1) violates any provision of this Agreement or performs same in bad faith; (2) unreasonably delays the performance of the Work or any portion thereof; or (3) does not perform the Work or any portion thereof in a timely and satisfactory manner. In the case of termination for cause by the City, the Contractor shall first be granted a fifteen (15) day cure period (commencing upon receipt of the initial written notice of default from the City). The following occurances shall be deemed sufficient grounds for termination for cause: 4.16.1 Failing to make payments to Subcontractors or Suppliers for materials or labor in accordance with the respective Subcontracts and Purchase Orders; 4.16.2 Failing to perform any portion of the Work in a manner consistent with the requirements of the Contract Documents or within the time required therein; 4.16.3 Failing to perform the Work with sufficient manpower, workmen and equipment or with sufficient materials, with the effect of delaying the prosecution of the Work in accordance with the Project Schedule and/or delaying completion of any Work within the specified time; 4.16.4 Failing and/or refusing to remove, repair and/or replace any portion of the Work as may be rejected as defective or nonconforming with the terms and conditions of the Contract Documents; 4.16.5 A custodian, trustee or receiver is appointed for the Contractor, or the Contractor becomes insolvent or bankrupt, is generally not paying its debts as they become due or makes an assignment for the benefit of creditors, or the Contractor causes or suffers an order for relief to be entered with respect to it under applicable Federal bankruptcy law or applies for or consents to the appointment of a custodian, trustee or receiver for the Contractor, or bankruptcy, reorganization, arrangement or insolvency proceedings, or other proceedings for relief under any bankruptcy or similar law or laws for the relief of debtors, are instituted by or against the Contractor; 4.16.6 An indictment is issued against the Contractor; 4.16.7 Persistently disregarding laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; 4.16.8 Fraud, misrepresentation or material misstatement by Contractor in the course of obtaining this Agreement; 4.16.9 Failing to comply in any material respect with any of the terms of this Agreement or the other Contract Documents. 4.16.10 Upon the issuance of a Notice of Termination for Cause, the Contractor shall: 347