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15 - Painting of Water Towers with new logo
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15 - Painting of Water Towers with new logo
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AGENDA
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SECTION 21. TERMINATION FOR DEFAULT. Owner may, upon three3) days written <br />notice to contractor, terminate the entire or any part of this contract if the progress of the <br />Work is impaired or delayed by any work stoppage caused by or related to the contractor, its <br />employees, its subcontractors or suppliers, or any of their agents or if the contractor fails, <br />refuses or neglects to supply sufficient skilled workmen or materials of proper quality or <br />adequate equipment to perform the Work required by this contract, or fails to follow the plans <br />or specifications or keep its work on the schedule required by the owner, or fails in any respect <br />to meet the obligations imposed upon the contractor by this contract. In the event contractor <br />does not remedy the deficiencies, which are the basis of owner's termination within the three <br />3 da notice period, then this contract shall be deemed terminated and owner shall thereafter <br />have the rights and remedies set forth herein. Owner in its sole discretion shall determine <br />whether contractor has corrected the deficiency within the three (3) day notice period. In the <br />event contractor corrects the deficiency within said notice period to the satisfaction of owner, <br />then this contract shall continue in full force and effect. In the event this contract is terminated, <br />owner shall have the option to provide the necessary labor, material and equipment to <br />complete the Work required by the contract, either in whole or in part, or re -let the remaining <br />Work. In the event this contract is terminated, the owner shall have the right to take possession <br />of all tools, equipment, scaffolding, materials and supplies that are on the job site, in transit to <br />the job site, or related to the Work at the job site, whether said items are owned by the <br />contractor or not, and to use said items in completing this contract. In the event this contract is <br />terminated, the contractor shall immediately discontinue the Work and not place additional <br />orders or contracts for materials, equipment or services with respect to this contract. Owner's <br />maximum liability to contractor pursuant to this paragraph shall be limited to the amount of <br />the contract price as of the termination date, however, said liability shall be decreased by any <br />amounts previously paid on the contract to the contractor prior to the termination date, plus all <br />costs and expenses incurred by owner to complete and pay for the Work required to complete <br />this contract (including but not limited to payment of any contractor creditor claims arising <br />from or related to this contract, reasonable compensation for additional managerial and <br />administrative services of the owner, and reasonable attorney fees and other legal expenses <br />incurred by the owner). All savings realized shall be the sole property of the owner. If the total <br />amount actually paid to the contractor as of the termination date plus the owner's cost to <br />complete this contract (including but not limited to payment of any contractor creditor claims <br />arising from or related to this contract, reasonable compensation for additional managerial and <br />administrative services of the owner and reasonable attorney fees and other legal expenses <br />incurred by the owner) exceeds the total contract price as of the termination date, contractor <br />agrees to promptly pay owner the difference and owner shall be entitled to deduct said amount <br />or any part thereof from any funds otherwise payable to contractor. Notwithstanding any <br />termination of this contract, contractor's obligation to owner shall continue as to all Work <br />performed and the provisions of the contract which by their nature normally survive final <br />acceptance of the Work, shall remain in full force and effect after termination. <br />SECTION 22. TERMINATION FOR CONVENIENCE. Owner shall have the right to terminate <br />this contract or any portion thereof at any time for any reason whatsoever upon written notice <br />to contractor specifying the extent to which this contract is terminated and the date upon <br />0 <br />
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