27 - Grand Theater Project - Laserfiche WebLink

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XIV. Default If at any time during the term of this Contract, CONTRACTORshall fail to commence the work in accordance with the provisions of this Contract or fail to diligently provide services in an efficient, timely and careful manner and in strict accordance with the provisions of this Contract or fail to use an adequate number or quality of personnel to complete the work or fail to perform any of its obligations under this Contract, then CITY shall have the right, if CONTRACTORshall not cure any such default after thirty (30) days written notice thereof, to terminate thisContract. Any such act by CITY shall not be deemed a waiver of any other right or remedy of CITY. If after exercising any such remedy due to CONTRACTOR’s nonperformance under this Contract, the cost to CITY to complete the work to be performed under this Contract is in excess of that part of the Contract sum which has not theretofore been paid to CONTRACTORhereunder, CONTRACTORshall be liable for and shall reimburse CITY for such excess. CONTRACTOR’S liability under this provision shall be limited to the total dollar amount of this Contract. This Section XIV shall not supersede and shall be in addition to CITY’s right under Section VI to terminate this contract for any reason upon thirty (30) days’ written notice of such termination. CITY’s remedies for CONTRACTOR’s default or breach under this Contract shall be one or more of the following remedies which may be exercised separately or in combination at CITY’s sole exclusive choice: (a)Specific performance of the Contract; (b)Re-performance of this Contract at no extra charge to CITY; or, (c)Monetary damages in an amount not to exceed the greater of: (1)The amount of any applicable insurance coverage CONTRACTORis required to purchase and maintain under this Contract plus any deductible amount to be paid by CONTRACTORin conjunction with said coverage regardless of whether CONTRACTORhas actually purchased and maintained said coverage; or, (2)The total dollar amount of this Contract. The terms of Sections XII entitled Indemnification, and XVII entitled Confidential Informationshall survive termination of this Contract.