Common use of City’s Right Clause in Contracts

City’s Right. To Terminate For Default Contractor’s failure to satisfactorily perform any obligation required by this Agreement constitutes a default. Examples of default include Contractor’s failure to do the following: (1) perform the services of the required quality or within the time specified; (2) perform any of the obligations of this Contract; (3) make sufficient progress in performance which may jeopardize full performance; (4) comply with applicable laws; and (5) comply with all notice, review, training and other requirements in Exhibit H, Accountability Provisions. If the nature of the default could endanger the public’s health and safety, Contractor shall cure the default within twenty-four hours of receipt of notice of the default. If Contractor fails to fully and timely cure the default, then the Mayor or designee may, in its sole and absolute discretion, immediately terminate this Agreement. For all other defaults except non-curable defaults, as described below, the Mayor or designee shall promptly give Contractor written notice of the occurrence of the default, and shall allow Contractor thirty (30) days thereafter to cure the default, or to submit a written plan of action for Contractor to promptly cure the default. Failure to cure the default within the thirty-day period, or timely submit an plan of action within the thirty-day period that would promptly cure the default, or failure to adhere to the plan of action, shall entitle the Mayor or designee to immediately terminate this Agreement. Contract Administrator, in its sole discretion, shall determine whether a submitted plan of action adequately sets forth a plan to promptly cure the default. In addition to all other Right to Terminate, the Mayor or designee may terminate the Agreement for cause in accordance with Article VI hereof and Municipal Code section 65.0218(n) if the default is not curable (“non-curable default”). Non-curable default shall include the following: (1) any intentional breach; (2) acts of willful misconduct or acts constituting gross negligence; and (3) Contractor’s, or its Subcontractors, demonstrated record of repetitive or recurring default, considered cumulatively, under the terms of this Agreement, including repeated failure to perform work to industry best practice standard, repetitive notices of deficient work under section 5.1.6, repetitive failure to comply with section 1.2.4, or other repeated failure to perform work as described in Exhibit B, Scope of Work.