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Federal Transit Administration Clauses <br />site necessary for completing the work. The Contractor and its sureties shall be liable for any <br />damage to the City resulting from the Contractor's refusal or failure to complete the work <br />within specified time, whether or not the Contractor's right to proceed with the work is <br />terminated. This liability includes any increased costs incurred by the City in completing the <br />work. <br />The Contractor's right to proceed shall not be terminated nor shall the Contractor be charged <br />with damages under this clause if: <br />1) The delay in completing the work arises from unforeseeable causes beyond the control <br />and without the fault or negligence of the Contractor. Examples of such causes include: <br />acts of God, acts of the City, acts of another contractor in the performance of a contract <br />with City, epidemics, pandemics, quarantine restrictions, strikes, freight embargoes; and <br />2) The Contractor, within fifteen [15] days from the beginning of any delay, notifies the <br />City of Everett in writing of the causes of delay. If, in the judgment of the City, the delay <br />is excusable, the time forcompleting the work shall be extended. The judgment of the <br />City shall be final and conclusive for the parties, but subject to appeal under the <br />Disputes clause(s) of this contract. <br />3) If, after termination of the Contractor's right to proceed, it is determined that the <br />Contractor's right to proceed, it is determined that the Contractor was not in default, or <br />that the delay was excusable, the rights and obligations of the parties will be the same <br />as if the termination had been issued for the convenience of the City. <br />c. Opportunity to Cure <br />The City, in its sole discretion may, in the case of a termination for breach or default, allow the <br />Contractor two weeks in which to cure the defect. In such case, the Notice of Termination will <br />state the time period in which cure is permitted and other appropriate conditions <br />If Contractor fails to remedy to City's satisfaction the breach or default of any of the terms, <br />covenants, or conditions of this Contract within ten (10) business days after receipt by <br />Contractor of written notice from the City setting forth the nature of said breach or default, the <br />City of Everett shall have the right to terminate the contract without any further obligation to <br />Contractor. Any such termination for default shall not in any way operate to preclude the City <br />from also pursuing all available remedies against Contractor and its sureties for said breach or <br />default. <br />d. Waiver of Remedies for any Breach <br />In the event that the City elects to waive its remedies for any breach by Contractor of any <br />covenant, term or condition of this contract, such waiver by the City shall not limit the City's <br />remedies for any succeeding breach of that or of any other covenant, term, or condition of this <br />contract. <br />31. VIOLATION AND BREACH OF CONTRACT <br />All contracts in excess of the Simplified Acquisition Threshold (currently set at $150,000) shall contain <br />administrative, contractual, or legal remedies in instances where contractors violate or breach contract <br />23 <br />