Common use of City's Right to Terminate Contract Clause in Contracts

City's Right to Terminate Contract. 23.1 If CONTRACTOR fails to begin the Work within fifteen (15) calendar days after the Project Initiation Date, or fails to perform the Work with sufficient workers and equipment or with sufficient materials to insure the prompt completion of the Work, or shall perform the Work unsuitably, or cause it to be rejected as defective and unsuitable, or shall discontinue the prosecution of the Work pursuant to the accepted schedule or if CONTRACTOR shall fail to perform any material term set forth in the Contract Documents or if CONTRACTOR shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or for any other cause whatsoever shall not carry on the Work in an acceptable manner, CITY may give notice in writing to CONTRACTOR and its Surety of such delay, neglect or default, specifying the same. Nevertheless, Surety waives its right to notice pursuant to this paragraph. If CONTRACTOR, within a period of ten (10) calendar days after such notice, shall not proceed in accordance therewith, then CITY may neglect or default the CONTRACTOR and CONTRACTOR's failure to comply with such notice, terminate the services of CONTRACTOR, exclude CONTRACTOR from the Project site and take the prosecution of the Work out of the hands of CONTRACTOR, and appropriate or use any or all materials and equipment on the Project site as may be suitable and acceptable. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Project is completed. In addition CITY may enter into an agreement for the completion of the Project according to the terms and provisions of the Contract Documents, or use such other methods as in City’s sole opinion shall be required for the completion of the Project according to the terms and provisions of the Contract Documents, or use such other methods as in City’s sole opinion shall be required for the completion of the Project in an acceptable manner. All damages, costs and charges incurred by CITY, together with the costs of completing the Project and any fines or levies that may be assessed against the City by any governmental entity or by Broward County as a result of late completion of the Project, shall be deducted from any monies due or which may become due to CONTRACTOR. In case the damages and expenses so incurred by CITY shall exceed the unpaid balance, then CONTRACTOR shall be liable and shall pay to CITY the amount of said excess. 23.2 If after notice of termination of CONTRACTOR's right to proceed, it is determined for any reason that CONTRACTOR was not in default, the rights and obligations of CITY and CONTRACTOR shall be the same as if the notice of termination had been issued pursuant to the Termination for Convenience clause as set forth in Article 19.

City's Right to Terminate Contract. 23.1 9.1.1 If CONTRACTOR the XXXX fails to begin the Work within fifteen the (1510) calendar days after the Project Initiation Notice to Proceed Date, or fails to perform the Work with sufficient workers and equipment or with sufficient materials to insure the prompt completion of the Work, or shall perform the Work unsuitably, or cause it to be rejected as defective and unsuitable, or shall discontinue the prosecution of the Work pursuant to the accepted schedule or if CONTRACTOR it’s XXXX shall fail to perform any material term set forth in the Contract Documents or if CONTRACTOR the CMAR shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or for from any other cause whatsoever shall not carry on the Work in an acceptable manner, the CITY may give notice in writing to CONTRACTOR the CMAR and its Surety of such delay, neglect or default, specifying the same. Nevertheless, Surety waives its right to notice pursuant to this paragraph. . 9.1.2 If CONTRACTORthe XXXX, within a period of ten (10) calendar days after such notice, shall not proceed in accordance therewith, then the CITY may upon written certificate from the CITY’s Representative of the fact of such delay, neglect or default and the CONTRACTOR and CONTRACTOR's XXXX'x failure to comply with such notice, terminate the services of CONTRACTORthe XXXX, exclude CONTRACTOR XXXX from the Project site and take the prosecution of the Work out of the hands of CONTRACTORthe XXXX, and appropriate or use any or all materials and equipment that are an integral part of the Work on the Project site as may be suitable and acceptable. 9.1.3 CITY may terminate the Contract if the CITY determines, in its sole discretion, that the CMAR has: a. Refused or failed to supply enough properly skilled workers or proper materials; b. Failed to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the CMAR and the Subcontractors; c. Disregards laws, ordinances, or rules, regulation or orders of a public authority having jurisdiction; or d. Otherwise breach a provision of the Contract Documents or any other 9.1.4 When any of the above reasons exist, the CITY may terminate the Contract, without prejudice to any other rights or remedies of the CITY, after giving the CMAR and Contractors’ surety, if any, seven (7) days’ prior written notice of the CITY’s intent to terminate the Contract and XXXX’x failure to cure any such reasons. In Upon such casetermination, CONTRACTOR the CITY may: a. Take possession of the Site(s) and of all materials thereon owned by the CMAR; and/or b. Finish the Work by whatever reasonable method the CITY may deem expedient. 9.1.5 When the CITY terminates the Contract for one of the reasons stated above, the CMAR shall not be entitled to receive any further payment until the Project is completed. If the unpaid balance of the Contract Price, excluding any remaining Contingency existing at the time of such termination exceeds the costs and expenses of finishing the Work and any other damages incurred by the CITY, such excess shall be paid to the CMAR. 9.1.6 In addition CITY addition, the CITY, may enter into an agreement for the completion of the Project according to the terms and provisions of the Contract Documents, or use such other methods as in Citythe CITY’s sole opinion shall be required for the completion of the Project according to the terms and provisions of the Contract Documents, or use such other methods as in Citythe CITY’s sole opinion shall be required for the completion of the Project in an acceptable manner. All damages, costs and charges incurred by the CITY, together with the costs of completing the Project and any fines or levies that may be assessed against the City by any governmental entity or by Broward County as a result of late completion of the Project, shall be deducted from any monies due or which may become due to CONTRACTORthe CMAR. In case the damages and expenses so incurred by the CITY shall exceed the unpaid balance, then CONTRACTOR the CMAR shall be liable and shall pay to the CITY the amount of said excesssaidexcess. This obligation shall survive termination of the Contract. 23.2 9.1.7 If after notice of termination of CONTRACTOR's the XXXX'x right to proceed, it is determined for any reason that CONTRACTOR the XXXX was not in default, the rights and obligations of the CITY and CONTRACTOR CMAR shall be the same as if the notice of termination had been issued pursuant to the Termination for Convenience clause as set forth in Section 9.1.8 below. 9.1.8 This Contract may be terminated for convenience in writing by t h e CITY upon ten (10) days written notice to the CMAR (delivered by certified mail, return receipt requested) of intent to terminate and the date on which such termination becomes effective. In such case, CMAR shall be paid for all work executed and expenses incurred prior to termination in addition to demobilization costs, and termination settlement costs reasonably incurred by the CMAR relating to commitments which had become firm prior to the termination. Payment shall include the Construction Manager’s Fee and General Conditions Costs for work and/or services performed. No payment shall be made for profit for work and/or services that have not been performed. 9.1.9 Upon receipt of Notice of Termination pursuant to Article 199.1 above, XXXX shall promptly discontinue all affected work unless the Notice of Termination directs otherwise and deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information as may have been required by the Contract Documents whether completed or inprocess.

City's Right to Terminate Contract. 23.1 If CONTRACTOR fails to begin the Work within fifteen (15) calendar days after the Project Initiation Date, or fails to perform the Work with sufficient workers and equipment or with sufficient materials to insure the prompt completion of the Work, or shall perform the Work unsuitably, or cause it to be rejected as defective and unsuitable, or shall discontinue the prosecution of the Work pursuant to the accepted schedule or if CONTRACTOR shall fail to perform any material term set forth in the Contract Documents or if CONTRACTOR shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or for any other cause whatsoever shall not carry on the Work in an acceptable manner, CITY may give notice in writing to CONTRACTOR and its Surety of such delay, neglect or default, specifying the same. Nevertheless, Surety waives its right to notice pursuant to this paragraph. If CONTRACTOR, within a period of ten (10) calendar days after such notice, shall not proceed in accordance therewith, then CITY may neglect or default the CONTRACTOR and CONTRACTOR's failure to comply with such notice, terminate the services of CONTRACTOR, exclude CONTRACTOR from the Project site and take the prosecution of the Work out of the hands of CONTRACTOR, and appropriate or use any or all materials and equipment on the Project site as may be suitable and acceptable. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Project is completed. In addition CITY may enter into an agreement for the completion of the Project according to the terms and provisions of the Contract Documents, or use such other methods as in City’s sole opinion shall be required for the completion of the Project according to the terms and provisions of the Contract Documents, or use such other methods as in City’s sole opinion shall be required for the completion of the Project in an acceptable manner. All damages, costs and charges incurred by CITY, together with the costs of completing the Project and any fines or levies that may be assessed against the City by any governmental entity or by Broward County as a result of late completion of the Project, shall be deducted from any monies due or which may become due to CONTRACTOR. In case the damages and expenses so incurred by CITY shall exceed the unpaid balance, then CONTRACTOR shall be liable and shall pay to CITY the amount of said excess. 23.2 . If after notice of termination of CONTRACTOR's right to proceed, it is determined for any reason that CONTRACTOR was not in default, the rights and obligations of CITY and CONTRACTOR shall be the same as if the notice of termination had been issued pursuant to the Termination for Convenience clause as set forth in Article 19.

City's Right to Terminate Contract. 23.1 26.1 If CONTRACTOR fails to begin the Work within fifteen (15) calendar days after the Project Initiation Date, or fails to perform the Work with sufficient workers and equipment or with sufficient materials to insure the prompt completion of the Work, or shall perform the Work unsuitably, or cause it to be rejected as defective and unsuitable, or shall discontinue the prosecution of the Work pursuant to the accepted schedule or if CONTRACTOR shall fail to perform any material term set forth in the Contract Documents or if CONTRACTOR shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or for any other cause whatsoever shall not carry on the Work in an acceptable manner, CITY may give notice in writing to CONTRACTOR and its Surety of such delay, neglect or default, specifying the same. Nevertheless, Surety waives its right to notice pursuant to this paragraph. If CONTRACTOR, within a period of ten (10) calendar days after such notice, shall not proceed in accordance therewith, then CITY may neglect or default the CONTRACTOR and CONTRACTOR's failure to comply with such notice, terminate the services of CONTRACTOR, exclude CONTRACTOR from the Project site and take the prosecution of the Work out of the hands of CONTRACTOR, and appropriate or use any or all materials and equipment on the Project site as may be suitable and acceptable. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Project is completed. In addition CITY may enter into an agreement for the completion of the Project according to the terms and provisions of the Contract Documents, or use such other methods as in City’s sole opinion shall be required for the completion of the Project according to the terms and provisions of the Contract Documents, or use such other methods as in City’s sole opinion shall be required for the completion of the Project in an acceptable manner. All damages, costs and charges incurred by CITY, together with the costs of completing the Project and any fines or levies that may be assessed against the City by any governmental entity or by Broward County as a result of late completion of the Project, shall be deducted from any monies due or which may become due to CONTRACTOR. In case the damages and expenses so incurred by CITY shall exceed the unpaid balance, then CONTRACTOR shall be liable and shall pay to CITY the amount of said excess. 23.2 26.2 If after notice of termination of CONTRACTOR's right to proceed, it is determined for any reason that CONTRACTOR was not in default, the rights and obligations of CITY and CONTRACTOR shall be the same as if the notice of termination had been issued pursuant to the Termination for Convenience clause as set forth in Article 1920.