Common use of CONTRACT CANCELATION Clause in Contracts

CONTRACT CANCELATION. The City reserves the right to cancel the whole or any part of the contract due to failure of the Contractor to carry out any term, promise, or condition of the contract. The City will issue a written ten (10) day notice of default to the Contractor for acting or failing to act as in any of the following: a. The Contractor provides personnel that do not meet the requirements of the contract. b. The Contractor fails to perform adequately the services required in the contract. c. The Contractor attempts to impose on the City, personnel, which are of an unacceptable quality. d. The Contractor fails to furnish or finish the required product and/or service within the time stipulated in the contract. e. The Contractor fails to make progress in the performance of the requirements of the contract and/or gives the City a positive indication that the Contractor will not or cannot perform to the requirements of the contract. If the Contractor does not correct the above problem(s) within ten (10) days after receiving the notice of default, the City may resort to any single or combination of the following remedies: a. Cancel the contract; b. Reserve all rights or claims to damage for breach of any covenants of the contract; c. Perform any test or analysis on materials for compliance with the specifications of the contract. If the results of any test or analysis find a material non-compliant with the specifications, the actual expense of testing shall be borne by the Contractor; d. In case of default, the City reserves the right to purchase materials or to complete the required work in accordance with the City Procurement Code. The City may recover any actual excess costs from the contractor by: 1. Deduction from an unpaid balance; 2. Any combination of the above or any other remedies as provided by law.