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r <br /> CITY OF EVERETT SPECIAL PROVISIONS [Modified per Addendum #1] <br /> such breach or default. Absent an express written agreement to the contrary, a <br /> termination for the City's convenience shall not be deemed a waiver or release of <br /> any rights by the City nor shall the City be estopped from any legal or equitable <br /> remedies that may be appropriate. <br /> Supplement 1-08.10 by adding the following: <br /> 1-08.10(6) Termination by Contractor after Suspension <br /> (******) <br /> If the Work has been wholly suspended pursuant to 1-08.6 SUSPENSION OF WORK <br /> for more than 90 calendar days as measured from the date of the Notice to suspend, <br /> then the Contractor may terminate this Contract by providing City with 14 calendar <br /> days' Notice that the Contractor shall deem the Contract to be terminated if the City <br /> does not provide Contractor with notice to resume Work within those 14 calendar days. <br /> Such termination shall be treated as a termination for the City's convenience pursuant <br /> to 1-08.10(2) TERMINATION FOR PUBLIC CONVENIENCE. <br /> 1-08.10(7) Contractor Obligations upon Termination <br /> (******) <br /> On receipt of notice of termination, the Contractor shall immediately discontinue the <br /> Work but shall do such Extra Work as may be ordered by the City's Representative or <br /> City to safeguard the Work then completed and the materials and Equipment then <br /> delivered to the site of the Work and to leave the Work in a safe and useful condition. <br /> Payment for this Extra Work will be made in accordance with 1-09.4 EQUITABLE <br /> ADJUSTMENT. <br /> 1-08.10(8) Ownership of Materials upon Termination <br /> (******) <br /> As of the termination date, whether effected by the City or Contractor as provided <br /> herein, all the Contractor's right, title, and interest in and to materials ordered by the <br /> Contractor prior to termination, whether or not they have been delivered to the site of <br /> Work, shall be vested in the City, and the Contractor shall, upon demand of the City, <br /> execute and deliver to the City all requisite bills of sale, assignments, and other <br /> documents of transfer that may be necessary to give effect to the intention of the <br /> termination procedures set forth above. <br /> ' 1-08.10(9) Opportunity to Cure <br /> (******) <br /> If the Contractor has not already had an opportunity to cure the default or breach the <br /> City shall specify the default or breach and a reasonable period of time to allow the <br /> Contractor to cure the default or breach. The Notice of termination will state the time <br /> period in which cure is permitted and other conditions as the City, in its sole judgment, <br /> shall deem appropriate. If Contractor fails to remedy the breach or default or any of <br /> the terms, covenants, or conditions of this Contract to the City's satisfaction within the <br /> time period specified or the City shall have the right to terminate the Contract without <br /> any further obligation to the Contractor. Any such termination for default shall not in <br /> any way operate to preclude the City from also pursuing all available remedies against <br /> Contractor and its sureties for said breach or default. <br /> 1-08.10(10) Waiver of Remedies for Any Breach <br /> In the event that the City elects to waive its remedies for any breach by Contractor or <br /> any covenant, term or condition of this Contract, such waiver by the City shall not limit <br /> the City's remedies for any succeeding breach of that or of any other term covenant, or <br /> condition of this Contract. <br /> ' Sewer 0 Division 1 —GENERAL REQUIREMENTS <br /> SP—115 Addendum No. 1 <br /> WO No—UP3691 May 2020 <br />