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AG 2010 08 16
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AG 2010 08 16
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Last modified
11/15/2011 8:11:31 AM
Creation date
11/27/2017 11:23:04 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
8/16/2010
Board
Board of Commissioners
Meeting Type
Regular
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affected (unless the notice directs otherwise), and (2) deliver to the Owner all equipment (property of <br />Owner), data, drawings, specifications, reports, estimates, summaries, and other information and <br />materials accumulated in performing this contract, whether completed or in process. <br />If the termination is for the convenience of the Owner shall make an equitable adjustment in the <br />contract price but shall allow no anticipated profit on unperformed services. <br />If the termination is for failure of the Contractor to fulfill the contract obligations, the Owner may <br />complete the work by issuing another contract or otherwise and the Contractor shall be liable for any <br />additional cost incurred by the Owner. <br />If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not <br />in default, the rights and obligations of the parties shall be the same as if the termination had been <br />issued for the convenience of the Owner. <br />17. Breach of Contract <br />If the Contractor does not deliver the required services or the Contractor fails to perform in the manner <br />called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, <br />the Owner may terminate this contract for default. Termination shall be effected by serving a notice of <br />termination on the Contractor setting forth the manner in which the Contractor is in default. The <br />Contractor will only be paid the contract price for supplies delivered and accepted, or services <br />performed in accordance with the manner of performance set forth in the contract. <br />The Owner in its sole discretion may, in the case of a termination for breach or default, allow the <br />Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice <br />of termination will state the time period in which cure is permitted and other appropriate conditions. <br />If the Contractor fails to remedy to Owner's satisfaction the breach or default of any of the terms, <br />covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of written <br />notice from Owner setting forth the nature of said breach or default, The Owner shall have the right to <br />terminate the Contract without any further obligation to Contractor. Any such termination for default <br />shall not in any way operate to preclude Owner from also pursuing all available remedies against <br />Contractor and its sureties for said breach or default. <br />If this contract is terminated while the Contractor has possession of Recipient goods, the Contractor <br />shall, upon direction of the Owner, protect and preserve the goods until surrendered to the Recipient <br />or its agent. The Contractor and Owner shall agree on payment for the preservation and protection of <br />goods. Failure to agree on an amount will be resolved under the Dispute clause. <br />If it is later determined by the Owner that the Contractor had an excusable reason for not performing, <br />such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the <br />Contractor, the Owner, after setting up a new delivery of performance schedule, may allow the <br />Contractor to continue work, or treat the termination as a termination for convenience. <br />18. Resolution of Disputes <br />Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of <br />the parties shall be decided in writing by the authorized representative of the Owner. This decision shall <br />be final and conclusive unless within ten (10) days from the date of receipt of its copy, the Contractor <br />mails or otherwise furnishes a written appeal to the authorized representative of the Owner. In <br />connection with any such appeal, the Contractor shall be afforded an opportunity to be he and to <br />Mit <br />Attachment number 2 <br />F -5 Page 170 <br />
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