Common use of CITY FURNISHED PROPERTY Clause in Contracts

CITY FURNISHED PROPERTY. (1) The City shall deliver to the Contractor the City-Furnished Property described in this Contract. The City shall furnish related data and information in its possession needed for the intended use of the Property. (2) The delivery and/or performance dates specified in this Contract are based upon the expectation that the City-Furnished Property will be suitable for Contract performance and will be delivered to the Contractor by the dates stated in the Contract. (i) If the Property is not delivered to the Contractor by the dates stated in the Contract, the City Manager shall, upon the Contractor’s timely written request, consider an equitable adjustment to the Contract. (ii) In the event Property is received by the Contractor, or for City- Furnished Property after receipt and installation, in a condition not suitable for its intended use, the City Manager shall, upon the Contractor’s timely written request, advise the Contractor on a course of action to remedy the problem. Such action may include repairing, replacing, modifying, returning, or otherwise disposing of the Property at the City’s expense. Upon completion of the required action(s), the City Manager shall consider an equitable adjustment to the Contract (see also paragraph (f) (1) (ii) (A) of this section). (i) The City Manager may by written notice, at any time: A. Increase or decrease the amount of City-Furnished Property under this Contract; B. Substitute other City-Furnished Property for the Property previously furnished, to be furnished, or to be acquired by the Contractor for the City under this Contract; or C. Withdraw authority to use Property. (ii) Upon completion of any action(s) under paragraph (d) (3) (i) of this section, and the Contractor’s timely written request, the City Manager shall consider an equitable adjustment to the Contract.