Reso 2024-3646 - Laserfiche WebLink

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L Immediately deliver to the City all Submittals and Project -related records in their original/native electronic format (i.e. CAD, Word, Excel, etc.), any and all other unfinished documents, and any and all warranties and guaranties for Work, equipment or materials already installed or purchased; ii. If specifically directed by the City in writing, assign to the City all right, title and interest of Contractor under any contract, subcontract and/or purchase order, in which case the City shall have the right and obligation to settle or to pay any outstanding claims arising from said contracts, subcontracts or purchase orders; iii. As directed by the City, transfer title and deliver to the City (1) the fabricated and non -fabricated parts, Work in progress, completed Work, supplies and other material produced or required for the Work terminated; and (2) the completed or partially completed Project records that, if this Agreement had been completed, would be required to be furnished to the City; and iv. Take any action that may be necessary, or that the City may direct, for the protection and preservation of the property related to this Agreement that is in the Contractor's possession and in which the City has or may acquire an interest. The rights and remedies of the City under this Section shall apply to all defaults that fail to be cured within the applicable cure period or are cured but in an untimely manner, and the City shall not be obligated to accept such late cure. The City reserves the right, in lieu of termination as set forth herein, to withhold any payments of money which may be due or become due to the Contractor until said defaults have been remedied. In no event shall Contractor be entitled to any compensation for anticipatory profits or consequential damages as a result of the discontinuance of any portion of the Work, or termination of this Contract. In the event it is determined, for any reason, that Contractor was not in default under the provisions of this Section, then the City's notice of termination for default shall automatically be treated as a termination for convenience, and the rights and obligations of the City and Contractor shall be the same as if the notice of termination had been issued pursuant to the termination for convenience clause contained in Section 4.15. The Contractor shall have no further recourse of any nature against the City for any wrongful termination. 4.17 Taxes Contractor shall pay all applicable sales, consumer, use and other taxes required by law. Contractor is responsible for reviewing the pertinent state statutes involving state taxes and complying with all requirements. The remainder of this page is intentionally left blank. 11 348