Common use of COMPLETION ON CONTRACTOR'S DEFAULT Clause in Contracts

COMPLETION ON CONTRACTOR'S DEFAULT. If default shall be made by the Contractor or by any subcontractor in the performance of any of the terms of this proposal, the District, without in any manner limiting its legal and equitable remedies in the circumstances, may serve upon the Contractor and the surety, if any, a written notice requiring the Contractor to cause such default to be corrected forthwith. Unless within twenty (20) days after the service of such notice upon the Contractor and the surety, if any, such default shall be corrected or arrangements for the correction thereof satisfactory to the District shall be made, the District may take over the project and prosecute the same to completion by contract or otherwise for the account and at the expense of the Contractor, and the Contractor shall be liable to the District for any cost or expense in excess of the contract price occasioned thereby. In such event, the District may take possession of and utilize in completing the Project any materials, tools, supplies, equipment, appliance, and plant belonging to the Contractor or any of its subcontractors, which may be situated at the site of the Project. The District in such contingency may exercise any rights, claims, or demands which the Contractor may have against third persons in connection with this proposal, and for such purpose the Contractor does hereby assign, transfer, and set over unto the District all such rights, claims, and demands. No payment shall be due while the Contractor is in default in respect of any of the provisions of this contract; and the District may withhold from the Contractor the amount of any claim by a third party against either the Contractor or the District, based upon an alleged failure of the Contractor to perform work hereunder in accordance with the provisions of this contract.

COMPLETION ON CONTRACTOR'S DEFAULT. If default shall be made by the Contractor or by any subcontractor in the performance of any of the terms of this proposal, the District, without in any manner limiting its legal and equitable remedies in the circumstances, may serve upon the Contractor and the suretySurety, if any, a written notice requiring the Contractor to cause such default to be corrected forthwith. Unless within twenty (20) days after the service of such notice upon the Contractor and the suretySurety, if any, such default shall be corrected or arrangements for the correction thereof satisfactory to the District shall be made, the District may take over the project construction of the Project and prosecute the same to completion by contract or otherwise for the account and at the expense of the Contractor, and the Contractor shall be liable to the District for any cost or expense in excess of the contract price occasioned thereby. In such event, the District may take possession of and utilize utilize, in completing the Project construction of the Project, any materials, tools, supplies, equipment, appliance, and plant belonging to the Contractor or any of its subcontractors, which may be situated at the site of the Project. The District in such contingency may exercise any rights, claims, or demands which the Contractor may have against third persons in connection with this proposalProposal, and for such purpose the Contractor does hereby assign, transfer, and set over unto the District all such rights, claims, and demands. No payment shall be due while the Contractor is in default in respect of any of the provisions of this contract; and the District may withhold from the Contractor the amount of any claim by a third party against either the Contractor or the District, based upon an alleged failure of the Contractor to perform work hereunder in accordance with the provisions of this contract.

COMPLETION ON CONTRACTOR'S DEFAULT. 1.1. If default shall be made by the Contractor or by any subcontractor in the performance of any of the terms of this proposalContract, the DistrictBEMC, without in any manner limiting its legal and equitable remedies in the circumstances, may serve upon the Contractor and the suretySurety or Sureties, if any, upon the required bonds a written notice requiring the Contractor to cause such default to be corrected forthwith. Unless within twenty (20) days after the service of such notice upon the Contractor and the surety, if any, such default shall be corrected or arrangements for the correction thereof satisfactory to both BEMC and the District Administrator shall be mademade by the Contractor or its Surety or Sureties, the District if any, BEMC may take over the project construction of the Project and prosecute the same to completion by contract Contract or otherwise for the account and at the expense of the Contractor, and the Contractor and its Surety or Sureties, if any, shall be liable to the District BEMC for any cost or expense in excess of the contract Contract price occasioned thereby. In such event, the District event BEMC may take possession of and utilize utilize, in completing the Project construction of the Project, any materials, tools, supplies, equipment, applianceappliances, and plant belonging to the Contractor or any of its subcontractors, which may be situated at the site of the Project. The District BEMC in such contingency may exercise any rights, claims, claims or demands which the Contractor may have against third persons in connection with this proposal, Contract and for such purpose the Contractor does hereby assign, transfer, transfer and set over unto the District BEMC all such rights, claims, claims and demands. No payment shall be due while the Contractor is in default in respect of any of the provisions of this contract; and the District may withhold from the Contractor the amount of any claim by a third party against either the Contractor or the District, based upon an alleged failure of the Contractor to perform work hereunder in accordance with the provisions of this contract.