Dispute After Takeover/Replacement. Contractor shall not be prohibited from disputing any finding of major breach through litigation, provided, however, that such litigation shall not have the effect of delaying, in any way, the immediate takeover/ replacement of operations by City. Neither shall such dispute by Contractor delay City’s access to Contractor’s performance security in accordance with Section 9.1
Dispute After Takeover/Replacement. Contractor shall not be prohibited from disputing any finding of major breach through litigation, provided, however, that such litigation shall not have the effect of delaying, in any way, the immediate takeover/ replacement of operations by County. Neither shall such dispute by Contractor delay County’s access to Contractor’s performance security. Any legal dispute concerning a finding of breach shall be initiated only after the emergency takeover/replacement has been completed. Contractor’s cooperation with, and full support of, such emergency takeover/ replacement process, as well as the immediate release of performance security funds to County, shall not be construed as acceptance by Contractor of the finding of major breach, and shall not in any way jeopardize Contractor’s right to recovery should a court later determine that the declaration of major breach was in error. However, failure on the part of Contractor to cooperate fully with County to effect a safe and orderly takeover/replacement of services shall constitute a major breach under this ordinance, even if it is later determined that the original declaration of major breach was made in error.
Dispute After Takeover/Replacement. Contractor shall not be prohibited from disputing any finding of Major Breach through litigation, provided, however, that such litigation shall not have the effect of delaying, in any way, the immediate takeover/replacement of operations by Agency. Neither shall such dispute by Contractor delay Agency’s access to Contractor’s performance security. Any legal dispute concerning a finding of breach shall be initiated only after the emergency takeover/replacement has been completed. Contractor’s cooperation with, and full support of, such emergency takeover/ replacement process, as well as the immediate release of performance security funds to Agency, shall not be construed as acceptance by Contractor of the finding of Major Xxxxxx, and shall not in any way jeopardize Contractor’s right to recovery should a court later determine that the declaration of Major Xxxxxx was in error. However, failure on the part of Contractor to cooperate fully with Agency to effect a safe and orderly takeover/replacement of services shall constitute a Major Breach under this ordinance, even if it is later determined that the original declaration of Major Xxxxxx was made in error.
Dispute After Takeover/Replacement. Such takeover/replacement shall be effected within 72 hours after finding of Major Breach by NOR-CAL. SEMSA shall not be prohibited from disputing any such finding of such breach through litigation, provided, however, that such litigation shall not have the effect of delaying, in any way, the immediate takeover/replacement of operations by NOR-CAL. Neither shall such dispute by XXXXX xxxxx NOR-CAL’s access to XXXXX’s performance security. Any legal dispute concerning a finding of breach shall be initiated only after the emergency takeover/replacement has been completed. XXXXX’s cooperation with, and full support of, such emergency takeover/replacement process, as well as the immediate release of performance security funds to NOR-CAL, shall not be construed as acceptance by SEMSA of the finding of major default, and shall not in any way jeopardize SEMSA’s right to recovery should a court later determine that the declaration of major default was in error. However, failure on the part of SEMSA to cooperate fully with NOR-CAL to effect a safe and orderly takeover/replacement of services shall itself constitute a major breach under the terms of the contract, even if it is later determined that the original declaration of major breach was made in error.
