Laserfiche WebLink
If the default or violation is not corrected after ten (10) days or within a reasonable timeframe as <br /> determined by the Department, the contract shall be deemed terminated. The Department reserves the <br /> right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from <br /> incurring additional obligations of funds during investigation of the alleged compliance breach and <br /> pending corrective action by the Contractor or a decision by the Department to terminate the contract. <br /> In the event this contract is terminated as provided above, the Department shall be entitled to pursue <br /> the same remedies against the Contractor as it could pursue in the event of a breach of the contract by <br /> the Contractor. The rights and remedies of the Department provided for in this clause shall not be <br /> exclusive and are in addition to any other rights and remedies provided by law. The existence of facts <br /> upon which The Adjutant General or his Authorized Department Representative makes any <br /> determination under this clause shall be an issue that may be reviewed as provided in the "Disputes" <br /> clause of this contract. <br /> The termination shall be deemed to be a "Termination for Convenience" if it is determined that the <br /> Contractor: (1) was not in default, or (2) failure to perform was outside of their control, fault or <br /> negligence. The rights and remedies of the Department provided in this contract are not exclusive and <br /> are in addition to any other rights and remedies provided by law. <br /> 28. TERMINATION FOR CONVENIENCE <br /> a. Notwithstanding any provisions of this contract, the Contractor may terminate this contract by <br /> providing written notice of such termination to the Department's Point of Contact identified in the <br /> contract, specifying the effective date thereof, at least thirty (30) days prior to such date. <br /> b. Notwithstanding any other provisions of this contract, the Department may, by ten (10) days <br /> written notice, beginning on the second day after the mailing of the written notice, terminate <br /> this contract, in whole or in part. <br /> If this contract is so terminated, the Department shall be liable only for payment required under the <br /> terms of this contract for services rendered or goods delivered prior to the effective date of termination. <br /> (Upon notice of termination for convenience, the Department reserves the right to suspend all or part of <br /> the contract, withhold further payments, and prohibit the Contractor from incurring additional obligations <br /> of funds.) <br /> 29. LOSS OR REDUCTION OF FUNDING <br /> In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way <br /> after the effective date of this contract and prior to normal completion, the Department may terminate <br /> the contract immediately upon notification to the Contractor under Item 28. "Termination for <br /> Convenience, Section b", without the ten (10) day notice requirement. Alternatively, the parties may <br /> renegotiate the terms of this contract under "Contract Modifications" to comply with new funding <br /> limitations and conditions, although the Department has no obligation to do so. <br /> 30. TERMINATION PROCEDURE <br /> Upon termination of this contract the Department, in addition to any other rights provided in this <br /> contract, may require the Contractor to deliver to the Department any property specifically produced or <br /> acquired for the performance of such part of this contract as has been terminated. <br /> The Department shall pay to the Contractor the agreed upon price, if separately stated, for completed <br /> work and services accepted by the Department, and the amount agreed upon by the Contractor and the <br /> Department for (i) completed work and services for which no separate price is stated, (ii) partially <br /> completed work and services, (iii) other property or services which are accepted by the Department, <br /> and (iv) the protection and preservation of property, unless the termination is for default, in which case <br /> The Adjutant General or his Authorized Department Representative shall determine the extent of the <br /> liability of the Department. Failure to agree with such determination shall be a dispute within the <br /> meaning of the "Disputes" clause of this contract. <br /> 137 <br /> DHS-EMPG-FFY 07 Page 11 of 37 City of Everett Emergency Management <br /> E07-344 <br />