Common use of DEFAULT AND TERMINATION OF CONTRACT Clause in Contracts

DEFAULT AND TERMINATION OF CONTRACT. The Contractor shall be considered in default of his/her contract and such default will be considered as cause for the Owner to terminate the contract for any of the following reasons if the Contractor: a. Fails to begin the work under the contract within the time specified in the "Notice to Proceed," or b. Fails to perform the work or fails to provide sufficient workers, equipment or materials to assure completion of work in accordance with the terms of the contract, or c. Performs the work unsuitably or neglects or refuses to remove materials or to perform anew such work as may be rejected as unacceptable and unsuitable, or d. Discontinues the prosecution of the work, or e. Fails to resume work which has been discontinued within a reasonable time after notice to do so, or f. Becomes insolvent or is declared bankrupt, or commits any act of bankruptcy or insolvency, or g. Allows any final judgment to stand against him unsatisfied for a period of 10 days, or h. Makes an assignment for the benefit of creditors, or i. For any other cause whatsoever, fails to carry on the work in an acceptable manner. Should the Owner consider the Contractor in default of the contract for any reason hereinbefore, he shall immediately give written notice to the Contractor and the Contractor's surety as to the reasons for considering the Contractor in default and the Owner's intentions to terminate the contract. If the Contractor or surety, within a period of 10 days after such notice, does not proceed in accordance therewith, then the Owner will have full power and authority without violating the contract, to take the prosecution of the work out of the hands of the Contractor. The Owner may appropriate or use any or all materials and equipment that have been mobilized for use in the work and are acceptable and may enter into an agreement for the completion of said contract according to the terms and provisions thereof, or use such other methods as in the opinion of the Owner will be required for the completion of said contract in an acceptable manner. All costs and charges incurred by the Owner, together with the cost of completing the work under contract, will be deducted from any monies due or which may become due the Contractor. If such expense exceeds the sum which would have been payable under the contract, then the Contractor and the surety shall be liable and shall pay to the Owner the amount of such excess.

DEFAULT AND TERMINATION OF CONTRACT. The Contractor shall be considered in default of his/her contract and such default will be considered as cause for the Owner to terminate the contract for any of the following reasons if If the Contractor: a. 32.1 Fails to begin the work under the contract resulting agreement within the time specified in the "Notice to Proceed," , or b. 32.2 Fails to perform the work or fails to provide under the agreement with sufficient workers, workmen and equipment or with sufficient materials to assure the prompt completion of work in accordance with the terms of the contract, orwork, c. 32.3 Performs the work unsuitably unsuitable or neglects or refuses to remove materials or to perform anew such work as may be rejected as unacceptable and or unsuitable, or, d. 32.4 Discontinues the prosecution of the work, or e. 32.5 Fails to resume work which has been discontinued within a reasonable time after notice to do so, or f. 32.6 Becomes insolvent or is declared bankrupt, bankrupt or commits any act of bankruptcy or insolvency, or g. 32.7 Allows any final judgment to stand against him unsatisfied for a period of 10 fine (5) days, or h. 32.8 Makes an assignment for the benefit of creditors, or i. 32.9 For any other cause whatsoever, fails to carry on the work in an acceptable manner. Should , the Owner consider the Contractor Airport Authority will give notice in default of the contract for any reason hereinbefore, he shall immediately give written notice writing to the Contractor successful bidder and the Contractor's his surety as to the reasons for considering the Contractor in default and the Owner's intentions to terminate the contractof such delay, neglect, or default. If the Contractor successful bidder or surety, within a period of 10 ten (10) working days after such notice, does not proceed in accordance therewith, then the Owner will Airport Authority shall have full power and authority without violating the contract, agreement to take the prosecution of the work out of the hands of the Contractorsuccessful bidder. The Owner Airport Authority may, at its option, call upon the surety to complete the work in accordance with the terms of the agreement, or may appropriate or use take over the work, including any or all materials and equipment that have been mobilized for use in on the project as may be suitable and acceptable, and may complete the work and are acceptable and by force account, or may enter into an a new agreement for the completion of said contract agreement according to the terms and provisions thereof, or use such other methods as as, in the opinion of the Owner Airport Authority’s opinion, will be required for the completion of said contract in an acceptable manner. All costs and charges incurred by the Owner, Airport Authority together with the cost of completing the work under contract, will the agreement shall be deducted from any monies the money due or to which may become due the Contractorsuccessful bidder. If such In case the expense exceeds so incurred by the Authority shall be less than the sum which would have been payable under the contractagreement if it had been completed by the successful bidder, then the Contractor successful bidder shall be entitled to receive the difference. In case such expense shall exceed the sum which would have been payable under the agreement, then the successful bidder and the his surety shall be liable and shall pay to the Owner Airport Authority the amount of such said excess.

DEFAULT AND TERMINATION OF CONTRACT. The Contractor shall be considered in default of his/her contract and such default will be considered as cause for the Owner to terminate the contract for any of the following reasons if If the Contractor: a. :  Fails to begin the work under as provided by the contract within the time specified in the "Notice to Proceed," or b. ; or  Fails to perform the work or fails to provide with sufficient workers, employees and equipment or sufficient materials to assure the prompt completion of work in accordance with the terms of the contract, or c. work; or  Performs the work unsuitably or neglects or refuses to remove materials or to perform anew such work as may be rejected by the Engineer Inspector as unacceptable and unsuitable, or d. ; or  Discontinues the prosecution of the work, or e. ; or  Fails to resume work which that has been discontinued within a reasonable time after notice by the Engineer or Inspector to do so, or f. ; or  Becomes insolvent or is declared bankrupt, bankrupt or commits any act of bankruptcy or insolvency, or g. Allows or allows any final judgment to stand against him it unsatisfied for a period of 10 ten days, or h. ; or  Makes an assignment of the contract for the benefit of creditors, or i. ; or  For any other cause whatsoever, fails to carry on out the work contract terms in an acceptable manner. Should ; then the Owner consider the Contractor Contract Administrator will give notice in default of the contract for any reason hereinbefore, he shall immediately give written notice writing to the Contractor of such delay, neglect or default and the Contractor's surety as to the reasons for considering shall set forth within that notice an explanation of how the Contractor in default and can cure the Owner's intentions to terminate the contractdelay, neglect or default. If the Contractor or suretyContractor, within a period of 10 ten days after such notice, does not proceed in accordance therewith, then the Owner will Department will, upon written notification from the Contract Administrator of the failure to cure, have full power and authority authority, without violating breaching the contract, to take terminate the prosecution of the work out of the hands of the Contractorcontract. The Owner Department may appropriate or use any or all materials and equipment that have been mobilized for use in on the work ground as may be suitable and are acceptable and may enter into an agreement with another contractor for the completion of said the contract according to the terms and provisions thereof, or use such other methods as in the opinion of the Owner Engineer, or Contract Administrator will be required for the completion of said the contract in an acceptable manner. All costs and The Department will deduct all cost charges incurred by the Ownerit incurs, together with the cost of completing the work under contract, will be deducted from any monies money due or which may become due to the Contractor. If such expense exceeds the sum which that would have been payable under the contract, then the Contractor and the surety shall will be liable and shall pay to the Owner Department the amount of such excess.

DEFAULT AND TERMINATION OF CONTRACT. The Contractor shall be considered in default of his/her contract and such default will be considered as cause for the Owner to terminate the contract for any of the following reasons if If the Contractor: a. : • Fails to begin the work under as provided by the contract within the time specified in the "Notice to Proceed," or b. ; or • Fails to perform the work or fails to provide with sufficient workers, employees and equipment or sufficient materials to assure the prompt completion of work in accordance with the terms of the contract, or c. work; or • Performs the work unsuitably or neglects or refuses to remove materials or to perform anew such work as may be rejected by the Engineer or Consulting Engineer as unacceptable and unsuitable, or d. ; or • Discontinues the prosecution of the work, or e. ; or • Fails to resume work which that has been discontinued within a reasonable time after notice by the Engineer or Consulting Engineer to do so, or f. ; or • Becomes insolvent or is declared bankrupt, bankrupt or commits any act of bankruptcy or insolvency, or g. Allows or allows any final judgment to stand against him it unsatisfied for a period of 10 ten days, or h. ; or • Makes an assignment of the contract for the benefit of creditors, or i. ; or • For any other cause whatsoever, fails to carry on out the work contract terms in an acceptable manner. Should ; then the Owner consider the Contractor Contract Administrator will give notice in default of the contract for any reason hereinbefore, he shall immediately give written notice writing to the Contractor and the Contractor's its surety as to the reasons for considering of such delay, neglect or default and shall set forth within that notice an explanation of how the Contractor in default and or surety can cure the Owner's intentions to terminate the contractdelay, neglect or default. If the Contractor or surety, within a period of 10 ten days after such notice, does not proceed in accordance therewith, then the Owner will Department will, upon written notification from the Contract Administrator of the failure to cure, have full power and authority authority, without violating breaching the contract, to take terminate the prosecution of the work out of the hands of the Contractorcontract. The Owner Department may appropriate or use any or all materials and equipment that have been mobilized for use in on the work ground as may be suitable and are acceptable and may enter into an agreement with another contractor for the completion of said the contract according to the terms and provisions thereof, or use such other methods as in the opinion of the Owner Engineer, Consulting Engineer or Contract Administrator will be required for the completion of said the contract in an acceptable manner. All costs and The Department will deduct all cost charges incurred by the Ownerit incurs, together with the cost of completing the work under contract, will be deducted from any monies money due or which may become due to the Contractor. If such expense exceeds the sum which that would have been payable under the contract, then the Contractor and the surety shall will be liable and shall pay to the Owner Department the amount of such excess.