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Federal Transit Administration Clauses <br /> <br />22 <br /> <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 />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 />If the termination is for the convenience of the City, the City’s Procurement Professional shall make <br />an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed <br />services. <br />If the termination is for failure of the Contractor to fulfill the contract obligations, the City may <br />complete the work by contact or otherwise and the Contractor shall be liable for any additional cost <br />incurred by the City. <br />If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was <br />not in default, the rights and obligations of the parties shall be the same as if the termination had <br />been issued for the convenience of the City. <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;