Common use of Contract Violations Clause in Contracts

Contract Violations. In the event of any of the provisions of this Contract are violated by the Contractor or by any of Contractor’s subcontractors, the Owner may serve written notice upon the Contractor and the Surety of its intention to terminate such Contract (the “Notice to Terminate”). The Contract shall terminate within five (5) days of the date Contractor receives the Notice to Terminate, unless the violation ceases and Contractor makes arrangements for correction satisfactory to the Owner. In the event of any such termination, the Owner shall immediately serve notice of the termination upon the Surety by registered mail, return receipt requested. The Surety shall have the right to take over and perform the Contract. If the Surety does not commence performance within ten (10) days from the date of receipt of the Owner’s notice of termination, the Owner may complete the work at the expense of the Contractor, and the Contractor and his or her Surety shall be liable to the Owner for any excess cost incurred by the Owner to complete the work. If the Owner completes the work, the Owner may take possession of and utilize such materials, appliances and plants as may be on the worksite site and necessary for completion of the work.

Appears in 32 contracts

Samples: Construction Contract, Construction Contract, Construction Contract

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Contract Violations. In the event of any of the provisions of this Contract are violated by the Contractor or by any of Contractor’s subcontractors, the Owner may serve written notice upon the Contractor and the Surety of its intention to terminate such Contract (the “Notice to Terminate”). The Contract shall terminate within five (5) days of the date Contractor receives the Notice to Terminate, unless the violation ceases and Contractor makes arrangements for correction satisfactory to the Owner. In the event of any such termination, the Owner shall immediately serve notice of the termination upon the Surety by registered mail, return receipt requested. The Surety shall have the right to take over and perform the Contract. If the Surety does not commence performance within ten (10) days from the date of receipt of the Owner’s notice of termination, the Owner may complete the work at the expense of the Contractor, and the Contractor and his or her Surety shall be liable to the Owner for any excess cost incurred by the Owner to complete the work. If the Owner completes the work, the Owner may take possession of and utilize such materials, appliances and plants plans as may be on the worksite site and necessary for completion of the work.

Appears in 2 contracts

Samples: Construction Contract, Construction Contract

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