Laserfiche WebLink
1 <br /> City of Everett 00 72 00 - 22 <br /> Water Filter Plant Portal 4 Improvements WO# 3755 I <br /> In the event of a breach or default by the Contractor,Owner may,at its sole option,terminate this <br /> Contract in whole or in part for convenience as provided herein. The Owner may pursue any and all <br /> contractual,legal and equitable remedies for such breach or default. Absent an express written agreement <br /> to the contrary,a termination for the Owner's convenience shall not be deemed a waiver or release of any <br /> rights by the Owner nor shall the Owner be estopped from any legal or equitable remedies that may be <br /> appropriate. I <br /> 5.4.3. Termination by Contractor after Suspension <br /> If the Work has been wholly suspended pursuant to 5.3. Suspension Procedures for more than ninety <br /> (90)days as measured from the date of the notice to suspend,then the Contractor may terminate this <br /> Contract by providing Owner with ten(10)days'Notice that the Contractor shall deem the Contract to be <br /> terminated if the Owner does not provide Contractor with notice to resume Work within those ten(10) <br /> days. Such termination shall be treated as a termination for the Owner's convenience pursuant to 5.4.2. <br /> Termination for Convenience. <br /> 5.4.4. Contractor Obligations upon Termination <br /> On receipt of notice of termination,the Contractor shall immediately discontinue the Work but shall do <br /> such Extra Work as may be ordered by the Owner's Representative or Owner to safeguard the Work then <br /> completed and the materials and Equipment then delivered to the Site of the Work and to leave the Work <br /> in a safe and useful condition. Payment for this Extra Work will be made in accordance with 9.2. <br /> PAYMENT FOR CHANGES. <br /> 5.4.5. Ownership of Materials upon Termination <br /> As of the termination date,whether effected by the Owner or Contractor as provided herein,all the <br /> Contractor's right,title,and interest in and to materials ordered by the Contractor prior to termination, <br /> whether or not they have been delivered to the Site of Work,shall be vested in the Owner,and the <br /> Contractor shall,upon demand of the Owner,execute and deliver to the Owner all requisite bills of sale, <br /> assignments,and other documents of transfer that may be necessary to give effect to the intention of the <br /> termination procedures set forth above. <br /> 5.4.6. Opportunity to Cure <br /> If the Contractor has not already had an opportunity to cure the default or breach the Owner shall specify <br /> the default or breach and a reasonable period of time to allow the Contractor to cure the default or breach. <br /> The notice of termination will state the time period in which cure is permitted and other conditions as the <br /> Owner,in its sole judgment, shall deem appropriate. If Contractor fails to remedy the breach or default or <br /> any of the terms,covenants,or conditions of this Contract to the Owner's satisfaction within the time <br /> period specified or the Owner shall have the right to terminate the Contract without any further obligation <br /> to the Contractor. Any such termination for default shall not in any way operate to preclude the Owner <br /> from also pursuing all available remedies against Contractor and its sureties for said breach or default. <br /> 5.4.7 Waiver of Remedies for Any Breach Ir. <br /> In the event that the Owner elects to waive its remedies for any breach by Contractor or any covenant, <br /> term or condition of this Contract, such waiver by the Owner shall not limit the Owner's remedies for any <br /> succeeding breach of that or of any other term covenant,or condition of this Contract. <br /> I <br /> I <br /> 00 72 00 - 22 GENERAL CONDITIONS <br />