Completion of Work or Performance After Default. 18.4.1. If the Contractor defaults or neglects to perform the Work in accordance with the Contract Documents and fails within a twenty-one (21) calendar day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect, the Owner may, without prejudice to the other rights the Owner may have, correct such defaults or deficiencies by such means and in such manner, by contract with or without public letting, or otherwise as it may deem advisable, utilizing for such purpose without additional cost to the Owner such of the Contractor's plant, materials, equipment, tools and supplies remaining on the Project Site, and also such Subcontractors as it may deem advisable and may take any or all of the following actions: 18.4.1.1. Have the defaulted Work performed by others; 18.4.1.2. Supplement the Contractor's workforce; 18.4.1.3. Withhold payments due the Contractor with respect to any SPRS in the applicable SPRS Portfolio and use such payments to satisfy any claims for moneys owed by the Contractor in connection with the Project, in accordance with any provisions of the Contract Documents; 18.4.1.4. Replace or repair any defective Work; 18.4.1.5. Notify the Surety of such default and make demand upon the Surety as may be applicable under the circumstances of the default, but Owner shall be under no obligation to notify the Surety; 18.4.1.6. Terminate the Contractor’s performance of the Contract with respect to any SPRS in the applicable SPRS Portfolio. 18.4.2. The Contractor and its Sureties shall bear all costs associated with completing or correcting the Work, including without limitation, the cost of re-letting, and any and all costs incurred in connection with the Owner’s exercise of any right upon default. Any costs incurred in connection with completing or correcting the Work shall be deducted from the amounts then or thereafter due the Contractor. In the event such amounts are not sufficient to cover the costs incurred in connection with completing or correcting the Work, the Contractor and its Surety shall pay to the Owner the amount of any deficiency.
Appears in 2 contracts
Samples: Change Order, Comprehensive Agreement
Completion of Work or Performance After Default. 18.4.1. If the Contractor defaults or neglects to perform the Work in accordance with the Contract Documents and fails within a twenty-one (21) calendar day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect, the Owner may, without prejudice to the other rights the Owner may have, correct such defaults or deficiencies by such means and in such manner, by contract with or without public letting, or otherwise as it may deem advisable, utilizing for such purpose without additional cost to the Owner such of the Contractor's plant, materials, equipment, tools and supplies remaining on the Project Site, and also such Subcontractors as it may deem advisable and may take any or all of the following actions:such
18.4.1.1. Have the defaulted Work performed by others;
18.4.1.2. Supplement the Contractor's workforce;
18.4.1.3. Withhold payments due the Contractor with respect to any SPRS in the applicable SPRS Portfolio and use such payments to satisfy any claims for moneys owed by the Contractor in connection with the Project, in accordance with any provisions of the Contract Documents;
18.4.1.4. Replace or repair any defective Work;
18.4.1.5. Notify the Surety of such default and make demand upon the Surety as may be applicable under the circumstances of the default, but Owner shall be under no obligation to notify the Surety;
18.4.1.6. Terminate the Contractor’s performance of the Contract with respect to any SPRS in the applicable SPRS PortfolioContract.
18.4.2. The Contractor and its Sureties shall bear all costs associated with completing or correcting the Work, including without limitation, the cost of re-letting, and any and all costs incurred in connection with the Owner’s exercise of any right upon default. Any costs incurred in connection with completing or correcting the Work shall be deducted from the amounts then or thereafter due the Contractor. In the event such amounts are not sufficient to cover the costs incurred in connection with completing or correcting the Work, the Contractor and its Surety shall pay to the Owner the amount of any deficiency.
Appears in 1 contract
Samples: Solar Photovoltaic Rooftop System Installation and Sale of Generated Electricity Contract
Completion of Work or Performance After Default. 18.4.1. If the Contractor defaults or neglects to perform the Work in accordance with the Contract Documents and fails within a twenty-one three (213) calendar day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect, the Owner may, without prejudice to the other rights the Owner may have, correct such defaults or deficiencies by such means and in such manner, by contract with or without public letting, or otherwise as it may deem advisable, utilizing for such purpose without additional cost to the Owner such of the Contractor's plant, materials, equipment, tools and supplies remaining on the Project Site, and also such Subcontractors as it may deem advisable and may take any or all of the following actions:
18.4.1.1. Have the defaulted Work performed by others;
18.4.1.2. Supplement the Contractor's workforce;
18.4.1.3. Withhold payments due the Contractor with respect to any SPRS in the applicable SPRS Portfolio and use such payments to satisfy any claims for moneys owed by the Contractor in connection with the Project, in accordance with any provisions of the Contract Documents;
18.4.1.4. Replace or repair any defective Work;
18.4.1.5. Notify the Surety of such default and make demand upon the Surety as may be applicable under the circumstances of the default, but Owner shall be under no obligation to notify the Surety;
18.4.1.6. Terminate the Contractor’s performance of the Contract with respect to any SPRS in the applicable SPRS PortfolioContract.
18.4.2. The Contractor and its Sureties shall bear all costs associated with completing or correcting the Work, including without limitation, the cost of re-letting, and any and all costs incurred in connection with the Owner’s exercise of any right upon default. Any costs incurred in connection with completing or correcting the Work shall be deducted from the amounts then or thereafter due the Contractor. In the event such amounts are not sufficient to cover the costs incurred in connection with completing or correcting the Work, the Contractor and its Surety shall pay to the Owner the amount of any deficiency.
Appears in 1 contract
Samples: Solar Photovoltaic Rooftop System Installation and Sale of Generated Electricity Contract