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<br />Termination specifying the nature of the default. The Contractor will only be paid for the <br />contract price for supplies delivered and accepted. <br />If it is later determined by the City that the Contractor had an excusable reason for not <br />performing, such as a strike, fire, or flood, events which are not the fault of or are <br />beyond the control of the Contractor, the City, after setting up a new delivery of <br />performance schedule, may allow the Contractor to continue work, or treat the <br />termination as a Termination for Convenience. <br />If the Contract elsewhere has one or more termination for default/breach/cause <br />provisions in addition to this section, then the City may select the termination provision <br />for the termination that the City deems most advantageous to the City. <br />C. Opportunity to Cure <br />In the case of a termination for breach or default, the City, in its sole discretion, may <br />allow the Contractor two (2) weeks 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 <br />appropriate conditions. <br />If Contractor fails to remedy to City’s satisfaction the breach or default of any of the <br />terms, covenants, or conditions of this Contract within ten (10) business days after <br />receipt by Contractor of written notice from the City setting forth the nature of said <br />breach or default, the City shall have the right to terminate the Contract without any <br />further obligation to Contractor. Any such termination for default shall not in any way <br />operate to preclude the City from also pursuing all available remedies against <br />Contractor and its sureties for said breach or 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 <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 covenant, term, or <br />condition of this Contract. <br />7. VIOLATION AND BREACH OF CONTRACT (NOT APPLICABLE) <br />For contracts in excess of the Simplified Acquisition Threshold (currently set at $250,000) shall <br />contain administrative, contractual, or legal remedies in instances where contractors violate or <br />breach contract terms and provide for such sanctions and penalties as appropriate. The <br />Violations and Breach of Contracts clause flow down to all third-party contractors and their <br />contracts at every tier. <br />A. Rights and Remedies of the City of Everett <br />The City shall have the following rights in the event that the City deems the Contractor <br />guilty of a breach of any term under the Contract. <br />1) The right to take over and complete the work or any part thereof as agency for <br />and at the expense of the Contractor, either directly or through other