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Federal Transit Administration Clauses <br /> <br />23 <br /> <br />accordance with the manner of performance set forth in the contract. <br />If it is later determined by the City 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 City, 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 />If the contract elsewhere has one or more termination for default/breach/cause provisions in <br />addition to this Section, then the City may select the termination provision for the termination that <br />the City deems most advantageous to the City. <br />C. Opportunity to Cure (General Provision) <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 state <br />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 Contractor of <br />written notice from the City setting forth the nature of said breach or default, the City of Everett <br />shall have the right to terminate the contract without any further obligation to Contractor. Any such <br />termination for default shall not in any way operate to preclude the City from also pursuing all <br />available remedies against 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 any covenant, <br />term or condition of this contract, such waiver by the City shall not limit the City’s remedies for any <br />succeeding breach of that or of any other covenant, term, or condition of this contract. <br />32. VIOLATION AND BREACH OF CONTRACT <br />All contracts in excess of the Simplified Acquisition Threshold (currently set at $250,000) shall contain <br />administrative, contractual, or legal remedies in instances where contractors violate or breach contract <br />terms, and provide for such sanctions and penalties as appropriate. The Violations and Breach of <br />Contracts clause flow down to all third-party contractors and their contracts at every tier. <br />A. Rights and Remedies of the City of Everett <br />The City of Everett shall have the following rights in the event that the City of Everett deems the <br />Contractor 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 and at the <br />expense of the Contractor, either directly or through other contractors; <br />2. The right to cancel this Contract as to any or all of the work yet to be performed; <br />3. The right to specific performance, an injunction or any other appropriate equitable remedy; and <br />4. The right to money damages.