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Federal Transit Administration Clauses <br /> <br />21 <br /> <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 />E. Termination for Convenience (Professional or Transit Service Contracts) <br />The City of Everett, by written notice, may terminate this contract, in whole or in part, when it is in <br />the City’s interest. If this contract is terminated, the City shall be liable only for payment under the <br />payment provisions of this contract for services rendered before the effective date of termination. <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. <br />B. Rights and Remedies of Contractor <br />Inasmuch as the Contractor can be adequately compensated by money damages for any breach of <br />this Contract, which may be committed by the City of Everett, the Contractor expressly agrees that <br />no default, act or omission of the City of Everett shall constitute a material breach of this Contract, <br />entitling Contractor to cancel or rescind the Contract, unless the City directs Contractor to do so, or <br />to suspend or abandon performance. <br />C. Remedies <br />Substantial failure of the Contractor to complete the Project in accordance with the terms of this <br />Agreement will be a default of this Agreement. In the event of a default, the City of Everett will have RFP