CONDITIONS AND PROCEDURES. 1. The Principal Representative may terminate the services of the Contractor, which termination shall take effect immediately upon service of Notice thereof on the Contractor and his or her Surety, whereupon the Surety shall have the right to take over and perform the Contract. If the Surety does not provide Notice to the Principal Representative of its intent to commence performance of the Contract within ten (10) days after delivery of the Notice of termination, the Principal Representative may take over the Work, take possession of and use all materials, tools, equipment and appliances on the premises and prosecute the Work to completion by such means as he or she shall deem best. In the event of such termination of his or her service, the Contractor shall not be entitled to any further payment under the Contract until the Work is completed and accepted. If the Principal Representative takes over the Work and if the unpaid balance of the contract price exceeds the cost of completing the Work, including compensation for any damages or expenses incurred by the Principal Representative through the default of the Contractor, such excess shall be paid to the Contractor. If, however, the cost, expenses and damages as certified by the Architect/Engineer exceed such unpaid balance of the contract price, the Contractor and his or her Surety shall pay the difference to the Principal Representative. 2. The Principal Representative may require the Surety on the Contractor ’s bond to take control of the Work and see to it that all the deficiencies of the Contractor are made good, with due diligence within ten (10) days of delivery of Notice to the Surety to do so. As between the Principal Representative and the Surety, the cost of making good such deficiencies shall all be borne by the Surety. If the Surety takes over the Work, either by election upon termination of the services of the Contractor pursuant to Section B(1) of this Article 49, State's Right To Terminate Contract, or upon instructions from the Principal Representative to do so, the provisions of the Contract Documents shall govern the Work to be done by the Surety, the Surety being substituted for the Contractor as to such provisions, including provisions as to payment for the Work, the times of completion and provisions of this Article as to the right of the Principal Representative to do the Work or to take control of all or a portion of the Work. 3. The Principal Representative may take control of all or a portion of the Work and make good the deficiencies of the Contractor, or the Surety if the Surety has been substituted for the Contractor, with or without terminating the Contract, employing such additional help as the Principal Representative deems advisable in accordance with the provisions of Article 48A, State's Right to Do the Work; Temporary Suspension of Work; Delay Damages. In such event, the Principal Representative shall be entitled to collect from the Contractor and his or her Surety, or to deduct from any payment then or thereafter due the Contractor, the costs incurred in having such deficiencies made good and any damages or expenses incurred through the default of Contractor, provided the Architect/Engineer approves the amount thus charged to the Contractor. If the Contract is not terminated, a Change Order to the Contract shall be executed, unilaterally if necessary, in accordance with the procedures of Article 35, Changes in The Work.
Appears in 6 contracts
Samples: Contractor's Design/Bid/Build Agreement, Contractor's Design/Bid/Build Agreement, Contractor's Design/Bid/Build Agreement
CONDITIONS AND PROCEDURES. 1. .1 The Principal Representative may terminate the services of the ContractorConstruction Manager, which termination shall take effect immediately upon service of Notice notice thereof on the Contractor Construction Manager and his or her Suretyits surety, whereupon the Surety surety shall have the right to take over and perform the ContractAgreement. If the Surety does not provide Notice to the Principal Representative of its intent to commence performance of the Contract this Agreement within ten (10) days after delivery service of the Notice of terminationTermination, the Principal Representative may take over the Work, take possession of and use all materials, tools, equipment equipment, and appliances on the premises premises, and prosecute the Work to completion by such means as he or she it shall deem best. In the event of such termination of his or her its service, the Contractor Construction Manager shall not be entitled to any further payment payments under the Contract this Agreement until the Work is completed and accepted. If the Principal Representative takes over the Work and if the unpaid balance of the contract price Contract Sum or Guaranteed Maximum Price exceeds the cost of completing the Work, including compensation for any damages or and expenses incurred by the Principal Representative through the default of the ContractorConstruction Manager, such excess shall be paid to the ContractorConstruction Manager. If, however, the cost, expenses expenses, and damages as certified by the Architect/Engineer exceed such unpaid balance of the contract priceContract Sum, Guaranteed Maximum Price or Fixed Limit of Construction Cost as the case may be, the Contractor Construction Manager and his or her Surety its surety shall pay the difference to the Principal Representative.
2.2 The Principal Representative may take control of the Work and either make good the deficiencies of the Construction Manager or direct the activities of the Construction Manager in doing so, employing such additional help as the Principal Representative deems advisable. In such event the Principal Representative shall be entitled to collect from the Construction Manager and its surety, or to deduct from any payment then or thereafter due the Construction Manager, the costs incurred in having such deficiencies made good and any damages or expenses incurred through the default of the Construction Manager, provided the Architect/Engineer approves the amount thus charged to the Construction Manager.
.3 The Principal Representative may require the Surety surety on the Contractor ’s bond Construction Manager's Performance Bond to take control of the Work at once and see to it that all the deficiencies of the Contractor Construction Manager are made good, with due diligence within ten (10) days of delivery of Notice to the Surety to do sodiligence. As between the Principal Representative and the Suretysurety, the cost of making good such deficiencies shall all be borne by the Suretysurety. If the Surety surety takes over the Work, either by election upon termination of the services of the Contractor pursuant to Section B(1) of this Article 49, State's Right To Terminate Contract, Construction Manager or upon instructions from the Principal Representative to do so, the provisions of the Contract Documents shall govern in respect to the Work to be work done by the Suretysurety, the Surety surety being substituted for the Contractor Construction Manager as to such provisions, including provisions as to payment for the Work, the times of completion Work and provisions of this Article as to the right of the Principal Representative to do the Work or to take control of all or a portion of the Work.
3. The Principal Representative may take control of all or a portion of the Work and make good the deficiencies of the Contractor, or the Surety if the Surety has been substituted for the Contractor, with or without terminating the Contract, employing such additional help as the Principal Representative deems advisable in accordance with the provisions of Article 48A, State's Right to Do the Work; Temporary Suspension of Work; Delay Damages. In such event, the Principal Representative shall be entitled to collect from the Contractor and his or her Surety, or to deduct from any payment then or thereafter due the Contractor, the costs incurred in having such deficiencies made good and any damages or expenses incurred through the default of Contractor, provided the Architect/Engineer approves the amount thus charged to the Contractor. If the Contract is not terminated, a Change Order to the Contract shall be executed, unilaterally if necessary, in accordance with the procedures of Article 35, Changes in The Work.
Appears in 4 contracts
Samples: Construction Manager/General Contractor Agreement, Construction Manager/General Contractor Agreement, Construction Manager/General Contractor Agreement
CONDITIONS AND PROCEDURES. 1. a) The Principal Representative may terminate the services of the Contractor, which termination shall take effect immediately upon service of a Notice of Termination thereof on the Contractor and his or her Suretyits surety, whereupon the Surety surety shall have the right to take over and perform the ContractAgreement. If the Surety surety does not provide Notice to the Principal Representative of its intent to commence performance of the Contract this Agreement within ten (10) days after delivery service of the Notice of terminationTermination, the Principal Representative may take over the Work, take possession of and use all materials, toolsequipment, equipment and appliances deliverables on the premises site, and prosecute the Work to completion by such means as he or she it shall deem best. In the event of such termination of his or her its service, the Contractor shall not be entitled to any further payment payments under the Contract this Agreement until the Work is completed and accepted. If the Principal Representative takes over the Work cost, expenses, and if the unpaid balance of the contract price exceeds the cost of completing damages to perform the Work, including compensation for any damages or expenses incurred as determined by the Principal Representative through the default of the ContractorRepresentative, such excess shall be paid to the Contractor. If, however, the cost, expenses and damages as certified by the Architect/Engineer exceed such unpaid balance of the contract priceContract Sum or the applicable LLTP CAP as the case may be, the Contractor and his or her Surety its surety shall pay the difference to the Principal Representative.
2. The Principal Representative may require the Surety on the Contractor ’s bond to take control of the Work and see to it that all the deficiencies of the Contractor are made good, with due diligence within ten (10b) days of delivery of Notice to the Surety to do so. As between the Principal Representative and the Surety, the cost of making good such deficiencies shall all be borne by the Surety. If the Surety takes over the Work, either by election upon termination of the services of the Contractor pursuant to Section B(1) of this Article 49, State's Right To Terminate Contract, or upon instructions from the Principal Representative to do so, the provisions of the Contract Documents shall govern the Work to be done by the Surety, the Surety being substituted for the Contractor as to such provisions, including provisions as to payment for the Work, the times of completion and provisions of this Article as to the right of the Principal Representative to do the Work or to take control of all or a portion of the Work.
3. The Principal Representative may take control of all or a portion of the Work and either make good the deficiencies of the Contractor, Contractor or direct the Surety if activities of the Surety has been substituted for the Contractor, with or without terminating the ContractContractor in doing so, employing such additional help as the Principal Representative deems advisable in accordance with the provisions of Article 48A, State's Right to Do the Work; Temporary Suspension of Work; Delay Damagesxxxxx advisable. In such event, the Principal Representative shall be entitled to collect from the Contractor and his or her Suretyits surety, or to deduct from any payment then or thereafter due the Contractor, the costs incurred in having such deficiencies made good and any damages or expenses incurred through the default of the Contractor, provided the Architect/Engineer Principal Representative approves the amount thus charged to the Contractor.
c) The Principal Representative may require the surety on the Contractor's Performance Bond to take control of the Work at once and see to it that all the deficiencies of the Contractor are made good, with due diligence. As between the Principal Representative and the surety, the cost of making good such deficiencies shall all be borne by the surety. If the surety takes over the Work, either upon termination of the services of the Contractor or upon instructions from the Principal Representative to do so, the provisions of the Contract is not terminated, a Change Order Documents shall govern in respect to the Contract shall be executedWork done by the surety, unilaterally if necessarythe surety being substituted for the Contractor as to such provisions, in accordance with including provisions as to payment for the procedures Work and provisions of this Article 35, Changes in The as to the right of the Principal Representative to do the Work or to take control of the Work.
Appears in 2 contracts
Samples: Construction Manager/General Contractor Agreement, Construction Manager/General Contractor Agreement
CONDITIONS AND PROCEDURES. 1. .1 The Principal Representative may terminate the services of the ContractorConstruction Manager, which termination shall take effect immediately upon service of Notice notice thereof on the Contractor Construction Manager and his or her Suretyits surety, whereupon the Surety surety shall have the right to take over and perform the ContractAgreement. If the Surety does not provide Notice to the Principal Representative of its intent to commence performance of the Contract this Agreement within ten (10) days after delivery service of the Notice of terminationTermination, the Principal Representative may take over the Work, take possession of and use all materials, tools, equipment equipment, and appliances on the premises premises, and prosecute the Work to completion by such means as he or she it shall deem best. In the event of such termination of his or her its service, the Contractor Construction Manager shall not be entitled to any further payment payments under the Contract this Agreement until the Work is completed and accepted. If the Principal Representative takes over the Work and if the unpaid balance of the contract price Contract Sum or Guaranteed Maximum Price exceeds the cost of completing the Work, including compensation for any damages or and expenses incurred by the Principal Representative through the default of the ContractorConstruction Manager, such excess shall be paid to the ContractorConstruction Manager. If, however, the cost, expenses expenses, and damages as certified by the Architect/Engineer exceed such unpaid balance of the contract priceContract Sum, Guaranteed Maximum Price or Fixed Limit of Construction Cost as the case may be, the Contractor Construction Manager and his or her Surety its surety shall pay the difference to the Principal Representative.
2.2 The Principal Representative may take control of the Work and either make good the deficiencies of the Construction Manager or direct the activities of the Construction Manager in doing so, employing such additional help as the Principal Representative xxxxx advisable. In such event the Principal Representative shall be entitled to collect from the Construction Manager and its surety, or to deduct from any payment then or thereafter due the Construction Manager, the costs incurred in having such deficiencies made good and any damages or expenses incurred through the default of the Construction Manager, provided the Architect/Engineer approves the amount thus charged to the Construction Manager.
.3 The Principal Representative may require the Surety surety on the Contractor ’s bond Construction Manager's Performance Bond to take control of the Work at once and see to it that all the deficiencies of the Contractor Construction Manager are made good, with due diligence within ten (10) days of delivery of Notice to the Surety to do sodiligence. As between the Principal Representative and the Suretysurety, the cost of making good such deficiencies shall all be borne by the Suretysurety. If the Surety surety takes over the Work, either by election upon termination of the services of the Contractor pursuant to Section B(1) of this Article 49, State's Right To Terminate Contract, Construction Manager or upon instructions from the Principal Representative to do so, the provisions of the Contract Documents shall govern in respect to the Work to be work done by the Suretysurety, the Surety surety being substituted for the Contractor Construction Manager as to such provisions, including provisions as to payment for the Work, the times of completion Work and provisions of this Article as to the right of the Principal Representative to do the Work or to take control of all or a portion of the Work.
3. The Principal Representative may take control of all or a portion of the Work and make good the deficiencies of the Contractor, or the Surety if the Surety has been substituted for the Contractor, with or without terminating the Contract, employing such additional help as the Principal Representative deems advisable in accordance with the provisions of Article 48A, State's Right to Do the Work; Temporary Suspension of Work; Delay Damages. In such event, the Principal Representative shall be entitled to collect from the Contractor and his or her Surety, or to deduct from any payment then or thereafter due the Contractor, the costs incurred in having such deficiencies made good and any damages or expenses incurred through the default of Contractor, provided the Architect/Engineer approves the amount thus charged to the Contractor. If the Contract is not terminated, a Change Order to the Contract shall be executed, unilaterally if necessary, in accordance with the procedures of Article 35, Changes in The Work.
Appears in 2 contracts
Samples: Construction Manager/General Contractor Agreement (Cmgc), Construction Manager/General Contractor Agreement
CONDITIONS AND PROCEDURES. 1. The Principal Representative City or Trustee may terminate the services of the ContractorCM/GC, which termination shall take effect immediately upon service of Notice notice thereof on the Contractor CM/GC and his or her Suretyits surety, whereupon the Surety surety shall have the right to take over and perform the Contract. If the Surety surety does not provide Notice to the Principal Representative of its intent to commence performance of the Contract within ten (10) days after delivery service of the Notice of terminationTermination, the Principal Representative City or Trustee may take over the Work, take possession of and use all materials, tools, equipment equipment, and appliances on the premises premises, and prosecute the Work to completion by such means as he or she it shall deem best. In the event of such termination of his or her its service, the Contractor CM/GC shall not be entitled to any further payment under the this Contract until the Work is completed and accepted. If the Principal Representative City or Trustee takes over the Work and if the unpaid balance of the contract price Guaranteed Maximum Price exceeds the cost of completing the Work, including compensation for any damages or expenses incurred by the Principal Representative City or Trustee through the default of the Contractor, CM/GC such excess shall be paid to the ContractorCity or Trustee. If, however, the cost, expenses expenses, and damages as certified by the Architect/Engineer City or Trustee exceed such unpaid balance of the contract priceGuaranteed Maximum Price, the Contractor CM/GC and his or her its Surety shall pay the difference to the Principal RepresentativeCity or Trustee.
2. The Principal Representative City or Trustee may require the Surety on the Contractor ’s bond to take control of the Work and see to it that all the deficiencies of the Contractor are made good, with due diligence within ten (10) days of delivery of Notice to the Surety to do so. As between the Principal Representative and the Surety, the cost of making good such deficiencies shall all be borne by the Surety. If the Surety takes over the Work, either by election upon termination of the services of the Contractor pursuant to Section B(1) of this Article 49, State's Right To Terminate Contract, or upon instructions from the Principal Representative to do so, the provisions of the Contract Documents shall govern the Work to be done by the Surety, the Surety being substituted for the Contractor as to such provisions, including provisions as to payment for the Work, the times of completion and provisions of this Article as to the right of the Principal Representative to do the Work or to take control of all or a portion of the Work.
3. The Principal Representative may take control of all or a portion of the Work and make good the deficiencies of the Contractor, CM/GC or the Surety if the Surety has been substituted for the Contractor, with or without terminating the Contract, employing employ such additional help as the Principal Representative City or Trustee deems advisable in accordance with the provisions of Article 48A, State's Right to Do the Work; Temporary Suspension of Work; Delay Damagesadvisable. In such event, event the Principal Representative City or Trustee shall be entitled to collect from the Contractor CM/GC and his or her its Surety, or to deduct from any payment then or thereafter due the ContractorCM/GC, the costs incurred in having such deficiencies made good and any damages or expenses incurred through the default of Contractorthe CM/GC, provided the Architect/Engineer City or Trustee approves the amount thus charged to the ContractorCM/GC.
3. The City or Trustee may require the surety on the CM/GC's Performance Bond to take control of the Work at once and see to it that all the deficiencies of the CM/GC are made good, with due diligence. As between the City or Trustee and the surety, the cost of making good such deficiencies shall all be borne by the surety. If the surety takes over the Work, either upon termination of the services of the CM/GC or upon instructions from the City or Trustee to do so, the provisions of the Contract is not terminatedDocuments shall govern in respect of the Work done by the surety, a Change Order the surety being substituted for the CM/GC as to such provision, including provisions as to payment for the Work and provisions of this Article as to the Contract shall be executed, unilaterally if necessary, in accordance with right of the procedures City or Trustee to do the Work or to take control of Article 35, Changes in The the Work.
Appears in 1 contract
Samples: Cm/Gc Agreement
CONDITIONS AND PROCEDURES. 1. The Principal Representative may terminate the services of the ContractorDesign/Build Entity, which termination shall take effect immediately upon service of Notice thereof on the Contractor Design/Build Entity and his or her Surety, whereupon the Surety shall have the right to take over and perform the Contract. If the Surety does not provide Notice to the Principal Representative of its intent to commence performance of the Contract within ten (10) days after delivery of the Notice of termination, the Principal Representative may take over the Work, take possession of and use all materials, tools, equipment and appliances on the premises and prosecute the Work to completion by such means as he or she shall deem best. In the event of such termination of his or her service, the Contractor Design/Build Entity shall not be entitled to any further payment under the Contract until the Work is completed and accepted. If the Principal Representative takes over the Work and if the unpaid balance of the contract price Lump Sum Contract Price exceeds the cost of completing the Work, including compensation for any damages or expenses incurred by the Principal Representative through the default of the ContractorDesign/Build Entity, such excess shall be paid to the ContractorDesign/Build Entity. If, however, the cost, expenses and damages as certified by the Architect/Engineer exceed such unpaid balance of the contract priceLump Sum Contract Price, the Contractor Design/Build Entity and his or her Surety shall pay the difference to the Principal Representative.
2. The Principal Representative may require the Surety on the Contractor Design/Build Entity ’s bond to take control of the Work and see to it that all the deficiencies of the Contractor Design/Build Entity are made good, with due diligence within ten (10) days of delivery of Notice to the Surety to do so. As between the Principal Representative and the Surety, the cost of making good such deficiencies shall all be borne by the Surety. If the Surety takes over the Work, either by election upon termination of the services of the Contractor Design/Build Entity pursuant to Section B(1) of this Article 49, State's Right To Terminate Contract, or upon instructions from the Principal Representative to do so, the provisions of the Contract Documents shall govern the Work to be done by the Surety, the Surety being substituted for the Contractor Design/Build Entity as to such provisions, including provisions as to payment for the Work, the times of completion and provisions of this Article as to the right of the Principal Representative to do the Work or to take control of all or a portion of the Work.
3. The Principal Representative may take control of all or a portion of the Work and make good the deficiencies of the ContractorDesign/Build Entity, or the Surety if the Surety has been substituted for the ContractorDesign/Build Entity, with or without terminating the Contract, employing such additional help as the Principal Representative deems advisable in accordance with the provisions of Article 48A, State's Right to To Do the The Work; Temporary Suspension of Of Work; Delay Damages. In such event, the Principal Representative shall be entitled to collect from the Contractor Design/Build Entity and his or her Surety, or to deduct from any payment then or thereafter due the ContractorDesign/Build Entity, the costs incurred in having such deficiencies made good and any damages or expenses incurred through the default of Contractor, provided the ArchitectDesign/Engineer approves the amount thus charged to the ContractorBuild Entity. If the Contract is not terminated, a Change Order to the Contract shall be executed, unilaterally if necessary, in accordance with the procedures of Article 35, Changes in In The Work.
Appears in 1 contract
Samples: Design/Build Lump Sum Agreement
CONDITIONS AND PROCEDURES. 1The parties agree to the following conditions:
(a) The Xxxxxxx Police Department may request reimbursement of payment of overtime costs and other expenses directly related to work performed by its ) assigned to assist the U.S. Secret Service's Xxxxxxx Police Department in conducting official investigations. The Principal Representative may terminate Xxxxxxx Police Department will submit all requests for reimbursement payments, together with appropriate documentation, to the services U.S. Secret Service's Task Force Supervisor. Request for reimbursement will be based solely upon overtime worked and other expenses performed on behalf of the Contractor, which termination shall take effect immediately upon service U.S. Secret Service (Financial )).
(b) All reimbursement hours of Notice thereof on the Contractor overtime costs and his or her Surety, whereupon the Surety shall have the right to take over all other expenses covered under this must be approved and perform the Contract. If the Surety does not provide Notice to the Principal Representative of its intent to commence performance of the Contract within ten (10) days after delivery of the Notice of termination, the Principal Representative may take over the Work, take possession of and use all materials, tools, equipment and appliances on the premises and prosecute the Work to completion by such means as he or she shall deem best. In the event of such termination of his or her service, the Contractor shall not be entitled to any further payment under the Contract until the Work is completed and accepted. If the Principal Representative takes over the Work and if the unpaid balance of the contract price exceeds the cost of completing the Work, including compensation for any damages or expenses incurred by the Principal Representative through the default of the Contractor, such excess shall be paid to the Contractor. If, however, the cost, expenses and damages as certified by the Architect/Engineer exceed such unpaid balance U.S. Secret Service Task Force supervisor. The reimbursable overtime payments will be based upon the actual hourly overtime rate, exclusive of matching employer contributions for any taxes or benefits.
(c) The U.S. Secret Service Task Force supervisor will forward all approved reimbursement requests through the Special Agent in Charge (SAIC) Asset Forfeiture Division, Office of Investigations, to the Treasury Forfeiture Fund's payment agent, U.S. Customs National Finance Center (NFC).
(d) During the period of assignment to the (Financial Crimes Task Force), the Xxxxxxx Police Department will remain responsible for establishing the salary and benefits, including overtime of the contract priceofficer(s) assigned to the Task Force and making all payments due them. Reimbursement under this MOU is contingent upon the availability of mandatory funds allocated to the U.S. Secret Service through the Department of the Treasury Forfeiture fund.
(e) The Xxxxxxx Police Department shall permit and have readily available for examination and auditing by the U.S. Secret Service, the Contractor Department of Treasury, the Comptroller of the United States, and his any of their duly authorized agents and representatives, any and all records, documents, accounts, invoices, receipts or her Surety expenditures relating to this agreement. They shall pay the difference maintain all such records and reports until all audits and examinations are completed and resolved, or for a period of three (3) years, which ever is sooner.
(f) Payments may be made to the Principal Representativeextent they are included in the U.S. Secret Service Fiscal Year Plan and the monies are available within the Department of Treasury Forfeiture Fund to satisfy the request(s) for reimbursable expenses. It should also be understood that the total amount(s) made available to the U.S. Secret Service through the Department of the Treasury Forfeiture Fund, for reimbursement to the Xxxxxxx Police Department could change at any time.
2(g) Pursuant to the Treasury Executive Office for Asset Forfeiture (TEOAF) directive number 18, the maximum reimbursement entitlement for overtime costs to any one law enforcement official cannot exceed fifteen-thousand ($15,000.00) dollars during the fiscal year.
(h) This document does not obligate funds. Funding authority will be provided through other documents.
(i) The Principal Representative may require Xxxxxxx Police Department shall provide the Surety on the Contractor ’s bond to take control U.S. Secret Service within 10 days of the Work signing of this MOU, with their agency's mailing address, contact name, telephone number and see to it that all tax identification number. Further, this agency must provide the deficiencies name, account number and ABA routing number of the Contractor are made good, with due diligence within ten financial institution where the (10Name of Law Enforcement Agency) days of delivery of Notice to wants the Surety to do so. As between the Principal Representative and the Surety, the cost of making good such deficiencies shall all be borne by the Surety. If the Surety takes over the Work, either by election upon termination of the services of the Contractor pursuant to Section B(1Electronic Funds transfer (EFT) of this Article 49, State's Right To Terminate Contract, or upon instructions from the Principal Representative to do so, the provisions of the Contract Documents shall govern the Work to be done by the Surety, the Surety being substituted payment deposited for the Contractor as reimbursement of overtime salary costs. Failure to such provisions, including provisions as to payment for provide this information within the Work, the times prescribed period of completion and provisions of time will nullify this Article as to the right of the Principal Representative to do the Work or to take control of all or a portion of the WorkMOU agreement.
3. The Principal Representative may take control of all or a portion of the Work and make good the deficiencies of the Contractor, or the Surety if the Surety has been substituted for the Contractor, with or without terminating the Contract, employing such additional help as the Principal Representative deems advisable in accordance with the provisions of Article 48A, State's Right to Do the Work; Temporary Suspension of Work; Delay Damages. In such event, the Principal Representative shall be entitled to collect from the Contractor and his or her Surety, or to deduct from any payment then or thereafter due the Contractor, the costs incurred in having such deficiencies made good and any damages or expenses incurred through the default of Contractor, provided the Architect/Engineer approves the amount thus charged to the Contractor. If the Contract is not terminated, a Change Order to the Contract shall be executed, unilaterally if necessary, in accordance with the procedures of Article 35, Changes in The Work.
Appears in 1 contract
Samples: Memorandum of Understanding