Common use of Abandonment of Work or Other Default Clause in Contracts

Abandonment of Work or Other Default. If the Work shall be abandoned, or any part thereof shall be sublet without previous written consent of the City, or the Contract or any monies payable hereunder shall be assigned otherwise than as herein specified, that the conditions herein specified as to rate of progress are not being complied with, or that the Work or any part thereof is being unnecessarily or unreasonably delayed, or that the Contractor has violated or is in default under any of the provisions of the Contract, or if the Contractor becomes bankrupt or insolvent or goes or is put into liquidation or dissolution, either voluntarily or involuntarily, or petitions for an arrangement or reorganization under the Bankruptcy Act, or makes a general assignment for the benefit of creditors or otherwise acknowledges insolvency, the happening of any of which shall be and constitute a default under the Contract, the City may notify the Contractor in writing, with a copy of such notice mailed to the surety, to discontinue all work or any part thereof; thereupon the Contractor shall discontinue such work or such part thereof as the City may designate; and the City may, upon giving such notice by contract or otherwise as it may determine, complete the Work or such part thereof and charge the entire cost and expense of so completing the Work or such part thereof to the Contractor. In addition to the said entire cost and expense of completing the work, the City shall be entitled to reimbursement from the Contractor and the Contractor agrees to pay to the City any losses, damages, costs and expenses, including attorney’s fees, sustained or incurred by the City by reason of any of the foregoing causes. For the purposes of such completion, the City may, for itself, of for any contractors employed by the City, take possession of and use or cause to be used any and all materials, equipment, plant, machinery, appliances, tools, supplies and such other items of every description that may be found or located at the site of the Work. All costs, expenses, losses, damages, attorney’s fees and any and all other charges incurred by the City under this subsection shall be charged against the Contractor and deducted and/or paid by the City out of the monies due or payable or to become due or payable under the Contract to the Contractor; in computing the amounts chargeable to the Contractor, the City shall not be held to a basis of the lowest prices for which the completion of the Work or any part thereof might have been accomplished, but all sums actually paid or obligated therefore to effect its prompt completion shall be charged to and against the account of the Contractor. In case the costs, expenses, losses, damages, attorney’s fees and other charges together with all payments therefore made to or for the account of the Contractor if the Work had been properly performed and completed by the Contractor, the Contractor shall be entitled to receive the difference, and, in case such costs, expenses, losses, damages, attorney’s fees and other charges, together with all payments therefore made to or for the account of the Contractor, shall exceed the said sum, the Contractor shall pay the amount of the excess to the City.

Abandonment of Work or Other Default. A. If the Work shall be abandoned, or any part thereof shall be sublet without previous written consent of the CityOwner, or the Contract or any monies moneys payable hereunder shall be assigned otherwise than as herein specified, or if at any time the Engineer shall be of the opinion, and shall so certify in writing, that the conditions herein specified as to rate of progress are not being complied with, or that the Work or any part thereof is being unnecessarily or unreasonably delayed, or that the Contractor has violated or is in default under any of the provisions of the Contract, or if the Contractor becomes bankrupt or insolvent or goes or is put into liquidation or dissolution, either voluntarily or involuntarily, or petitions for an arrangement or reorganization under the Bankruptcy Act, or makes a general assignment for the benefit of creditors or otherwise acknowledges insolvency, the happening of any of which shall be and constitute a default under the Contract, the City Owner may notify the Contractor in writing, with a copy of such notice mailed to the suretySurety, to discontinue all work Work or any part thereof; thereupon the Contractor shall discontinue such work Work or such part thereof as the City Owner may designate; and the City Owner may, upon giving such notice notice, by contract or otherwise as it may determine, complete the Work or such part thereof and charge the entire cost and expense of so completing the Work or such part thereof to the Contractor. In addition to the said entire cost and expense of completing the workWork, the City Owner shall be entitled to reimbursement from the Contractor and the Contractor agrees to pay to the City Owner any losses, damages, costs and expenses, including attorney’s 's fees, sustained or incurred by the City Owner by reason of any of the foregoing causes. For the purposes of such completion, completion the City may, Owner may for itself, of itself or for any contractors Contractors employed by the City, Owner take possession of and use or cause to be used any and all materials, equipment, plant, machinery, appliances, tools, supplies and such other items of every description that may be found or located at the site of the Work. . B. All costs, expenses, losses, damages, attorney’s 's fees and any and all other charges incurred by the City Owner under this subsection shall be charged against the Contractor and deducted and/or paid by the City Owner out of the monies any moneys due or of payable or to become due or payable under the Contract to the Contractor; in computing the amounts chargeable to the Contractor, Contractor the City Owner shall not be held to a basis of the lowest prices for which the completion of the Work or any part thereof might have been accomplished, but all sums actually paid or obligated therefore therefor to effect its prompt completion shall be charged to and against the account of the Contractor. In case the costs, expenses, losses, damages, attorney’s 's fees and other charges together with all payments therefore theretofore made to or for the account of the Contractor are less than the sum which would have been payable under the Contract if the Work had been properly performed and completed by the Contractor, the Contractor shall be entitled to receive the difference, and, in case such costs, expenses, losses, damages, attorney’s attorneys' fees and other charges, together with all payments therefore theretofore made to or for the account of the Contractor, shall exceed the said sum, the Contractor shall pay the amount of the excess to the CityOwner.

Abandonment of Work or Other Default. A. If the Work shall be abandoned, or any part thereof shall be sublet without previous written consent of the CityOwner, or the Contract Contractor or any monies moneys payable hereunder shall be assigned otherwise than as herein specified, or if at any time the Engineer shall be of the opinion, and shall so certify in writing, that the conditions herein specified as to rate of progress are not being complied with, or that the Work or any part thereof is being unnecessarily or unreasonably delayed, or that the Contractor has violated or is in default under any of the provisions of the Contract, or if the Contractor becomes bankrupt or insolvent or goes or is put into liquidation or dissolution, either voluntarily or involuntarily, or petitions for an arrangement or reorganization under the Bankruptcy Act, or makes a general assignment for the benefit of creditors or otherwise acknowledges insolvency, the happening of any of which shall be and constitute a default under the Contract, the City Owner may notify the Contractor in writing, with a copy of such notice mailed to the suretySurety, to discontinue all work Work or any part thereof; thereupon the Contractor shall discontinue such work Work or such part thereof as the City Owner may designate; and the City Owner may, upon giving such notice notice, by contract or otherwise as it may determine, complete the Work or such part thereof and charge the entire cost and expense of so completing the Work or such part thereof to the Contractor. In addition to the said entire cost and expense of completing the workWork, the City Owner shall be entitled to reimbursement from the Contractor and the Contractor agrees to pay to the City Owner any losses, damages, costs and expenses, including attorney’s 's fees, sustained or incurred by the City Owner by reason of any of the foregoing causes. For the purposes of such completion, completion the City may, Owner may for itself, of itself or for any contractors Contractors employed by the City, Owner take possession of and use or cause to be used any and all materials, equipment, plant, machinery, appliances, tools, supplies and such other items of every description that may be found or located at the site of the Work. . B. All costs, expenses, losses, damages, attorney’s 's fees and any and all other charges incurred by the City Owner under this subsection shall be charged against the Contractor and deducted and/or paid by the City Owner out of the monies any moneys due or payable or to become due or payable under the Contract to the Contractor; in computing the amounts chargeable to the Contractor, Contractor the City Owner shall not be held to a basis of the lowest prices for which the completion of the Work or any part thereof might have been accomplished, but all sums actually paid or obligated therefore to effect its prompt completion shall be charged to and against the account of the Contractor. In case the costs, expenses, losses, damages, attorney’s 's fees and other charges together with all payments therefore theretofore made to or for the account of the Contractor are less than the sum which would have been payable under the Contract if the Work had been properly performed and completed by the Contractor, the Contractor shall be entitled to receive the difference, and, in case such costs, expenses, losses, damages, attorney’s attorneys' fees and other charges, together with all payments therefore theretofore made to or for the account of the Contractor, shall exceed the said sum, the Contractor shall pay the amount of the excess to the CityOwner.