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CITY OF EVERETT SPECIAL PROVISIONS <br /> <br /> <br /> <br /> <br /> Division 1 <br />Everett Mall Bus Platform General Requirements December 2024 <br />WO No – MALLSTN/24462 SP-77 <br />Without prejudice to any other remedy it may have under law or the provisions of the <br />Contract, or both, the City may terminate this Contract for convenience, with or <br />without cause, in whole or in part, at any time by giving written Notice to the <br />Contractor. Termination will be effective upon receipt of such Notice by the <br />Contractor. The Contractor shall immediately discontinue work and take all <br />reasonable steps with its suppliers and subcontractors to minimize cancellation <br />charges and other costs. <br />In the event of termination for convenience, the Contractor shall be compensated as <br />provided in 1-09.5 DELETED OR TERMINATED WORK. The Contractor will be <br />entitled to no further payments whatsoever for the Work. <br />In the event of a breach or default by the Contractor, City may, at its sole option, <br />terminate this Contract in whole or in part for convenience as provided herein. The <br />City may pursue any and all contractual, legal and equitable remedies for such <br />breach or default. Absent an express written agreement to the contrary, a termination <br />for the City’s convenience shall not be deemed a waiver or release of any rights by <br />the City nor shall the City be estopped from any legal or equitable remedies that may <br />be appropriate. <br />Supplement 1-08.10 by adding the following: <br />1-08.10(6) Termination by Contractor after Suspension <br />(*****) <br />If the Work has been wholly suspended pursuant to 1-08.6 SUSPENSION OF WORK for <br />more than 90 calendar days as measured from the date of the Notice to suspend, then <br />the Contractor may terminate this Contract by providing City with 14 calendar days’ <br />Notice that the Contractor shall deem the Contract to be terminated if the City does not <br />provide Contractor with notice to resume Work within those 14 calendar days. Such <br />termination shall be treated as a termination for the City’s convenience pursuant to 1- <br />08.10(2) TERMINATION FOR PUBLIC CONVENIENCE. <br />1-08.10(7) Contractor Obligations upon Termination <br />(*****) <br />On receipt of notice of termination, the Contractor shall immediately discontinue the <br />Work but shall do such Extra Work as may be ordered by the City’s Representative or <br />City to safeguard the Work then completed and the materials and Equipment then <br />delivered to the site of the Work and to leave the Work in a safe and useful condition. <br />Payment for this Extra Work will be made in accordance with 1-09.4 EQUITABLE <br />ADJUSTMENT. <br />1-08.10(8) Ownership of Materials upon Termination <br />(*****) <br />As of the termination date, whether effected by the City or Contractor as provided herein, <br />all the Contractor's right, title, and interest in and to materials ordered by the Contractor <br />prior to termination, whether or not they have been delivered to the site of Work, shall be <br />vested in the City, and the Contractor shall, upon demand of the City, execute and <br />deliver to the City all requisite bills of sale, assignments, and other documents of transfer <br />that may be necessary to give effect to the intention of the termination procedures set <br />forth above.