Laserfiche WebLink
of national defense; or an Executive Order of the President or Governor of the state with <br />respect to the preservation of energy resources; <br />4. The CONTRACTOR is prevented from proceeding with the Project by reason of a <br />temporary preliminary, special, or permanent restraining order or injunction of a court of <br />competent jurisdiction where the issuance of such order or injunction is primarily caused <br />by the acts or omissions of persons or agencies other than the CONTRACTOR; or <br />5. The state Government determines that the purposes of the statute authorizing the Project <br />would not be adequately served by the continuation of financial assistance for the Project. <br />6. In the case of termination for convenience under subsections A.1-5 above, WSDOT shall <br />reimburse the CONTRACTOR for all costs payable under this AGREEMENT that the <br />CONTRACTOR properly incurred prior to termination. The CONTRACTOR shall promptly <br />submit its claim for reimbursement to WSDOT. If the CONTRACTOR has any property in <br />its possession belonging to WSDOT, the CONTRACTOR will account for the same, and <br />dispose of it in the manner WSDOT directs. <br />B.Termination for Default. WSDOT may suspend or terminate this AGREEMENT for default, in <br />whole or in part, and all or any part of the financial assistance provided herein, at any time by <br />written notice to the CONTRACTOR, if the CONTRACTOR materially breaches or fails to perform <br />any of the requirements of this AGREEMENT, including: <br />1. Takes any action pertaining to this AGREEMENT without the approval of WSDOT, which <br />under the procedures of this AGREEMENT would have required the approval of WSDOT; <br />2. Jeopardizes its ability to perform pursuant to this AGREEMENT, United States of America <br />laws, Washington state laws, or local governmental laws under which the CONTRACTOR <br />operates; <br />3. Fails to make reasonable progress on the Project or other violation of this AGREEMENT <br />that endangers substantial performance of the Project; or <br />4. Fails to perform in the manner called for in this AGREEMENT or fails, to comply with, or is <br />in violation of, any provision of this AGREEMENT. <br />5. WSDOT shall serve a notice of termination on the CONTRACTOR setting forth the manner <br />in which the CONTRACTOR is in default. If it is later determined by WSDOT that the <br />CONTRACTOR had an excusable reason for not performing, such as events which are not <br />the fault of or are beyond the control of the CONTRACTOR, such as a strike, fire or flood, <br />WSDOT may: (a) allow the CONTRACTOR to continue work after setting up a new delivery <br />of performance schedule, or (b) treat the termination as a termination for convenience. <br />C. WSDOT, in its sole discretion, may, in the case of a termination for breach or default, allow the <br />CONTRACTOR ten (10) business days, or such longer period as determined by WSDOT, in which <br />to cure the defect. In such cases, the notice of termination will state the time period in which cure <br />is permitted and other appropriate conditions. If the CONTRACTOR fails to remedy to WSDOT's <br />satisfaction the breach or default within the timeframe and under the conditions set forth in the <br />notice of termination, WSDOT shall have the right to terminate this AGREEMENT without any <br />further obligation to CONTRACTOR. Any such termination for default shall not in any way operate <br />to preclude WSDOT from also pursuing all available remedies against CONTRACTOR and its <br />sureties for said breach or default. <br />D. In the event that WSDOT elects to waive its remedies for any breach by CONTRACTOR of any <br />covenant, term or condition of this AGREEMENT, such waiver by WSDOT shall not limit WSDOT's <br />remedies for any succeeding breach of that or of any other term, covenant, or condition of this <br />AGREEMENT. <br />City of Everett <br />PTD0834 <br />Page 9 of 14