13 - Contract with Archer Construction for new northwest EMS Station

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ARTICLE 18 - CORRECTION OF WORK: Contractor shall promptly correct any work rejected by Owner as defective or as failing to conforin to the Contract Documents whether observed before or after Substantial Completion and whether or not fabricated, installed or completed, and shall correct any work found to be defective or nonconforining within a period of one year from the Date of Substantial Completion of the Contract or within such longer period of time as may be prescribed by law or by the terms of any applicable special. warranty required by the Contract Documents. The provisions of this Article 18 apply to work done by subcontractors as well as to work done by direct employees of the: Contractor. ARTICLE 19 - TERMINATION OF THE CONTRACT: 19.1 If Owner fails to make payment for a period of forty-five days without contractual cause provided in writing, Contractor may, upon seven additional days' written notice to Owner, terminate the Contract and recover from Owner payment for all work executed and for any proven loss sustained upon any materials, equipment, tools, and construction equipment and machinery, including reasonable profit and damages applicable to the Project. 19.2 If Contractor defaults or persistently fails or neglects to carry out the work, in accordance with the Contract Documents or falls to perforin any provision of the Contract, Owner, after three days' written notice to the Contractor and without prejudice to any other remedy he may have, may make good such deficiencies and may deduct the cost thereof made necessary thereby, frorn the payment then or thereafter due the Contractor or, at his option, may terminate the Contract and take possession of the site and of all materials,, equipment, tools, and construction equipment and machinery thereon owned by the Contractor and may finish the work by whatever method he may deem expedient, and if the unpaid balance of the Contract Sum exceeds the expense of finishing the work, such excess shall be paid to the Contractor, but if such expense exceeds unpaid balance, the Contractor shall pay the difference to Owner. 19.3 This agreement will be governed and construed in accordance with the laws of the State of Texas; the venue for any legal cause of action under this contract shall be the County of Lamar, Texas. 19.4 This agreement shall inure to the benefit of and be binding on the parties and their respective heirs, executors, administrators, and permitted successors and assigns. CONTRACT' - 10