Common use of FAILURE TO EXECUTE CONTRACT Clause in Contracts

FAILURE TO EXECUTE CONTRACT. In the event of failure of the successful bidder to execute the contract and furnish any required security and insurances, within ten (10) days after notice of the award of the contract, the deposit of the successful bidder or so much thereof as shall be applicable to the amount of the award made shall be retained by the City, and the successful bidder shall be liable for and hereby agrees to pay on demand the difference between the price bid and the price for which such contract shall be subsequently re-let, including the cost of such re-letting and less the amount such deposit. No plea of mistake in such accepted bid shall be available to the bidder for the recovery of the deposit or as a defense to any action based upon such accepted bid. Further, should the bidder's failure to comply with this Section cause any funding agency, body or group (Federal, State, City, Public, Private, etc.) to terminate, cancel or reduce the funding on this project, the bidder in such event shall be liable also to the City for the amount of actual funding withdrawn by such agency on this project less the amount of the forfeited deposit.

Appears in 4 contracts

Samples: On Call Cable Infrastructure Installation Services Agreement, Maintenance Agreement, Autoclave Sterilizer Maintenance and Repair Agreement

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FAILURE TO EXECUTE CONTRACT. In the event of failure of the 12.01 The successful bidder to must execute the contract and furnish any required security and insurances, insurance(s) within ten (10) days after notice of the contract award of has been given by the contract, the deposit of City. Should the successful bidder fail to do so, the bidder’s deposit, if any, or so much thereof as shall be applicable to the amount of the award made shall made, may be retained by the City, City and the successful bidder shall be liable for and hereby agrees to pay on demand the difference between the its bid price bid and the price for which such the contract shall be is subsequently re-let, including the cost of such re-letting and less the amount such of the original deposit. No plea of mistake in such accepted bid shall be available to the bidder for the recovery of the deposit or as a defense to any action based upon such the accepted bid. Further, should . 12.02 Should the bidder's failure to comply with this Section 12.01 above cause any funding agency, body or group (Federal, State, City, Public, Private, etc.) to terminate, cancel or reduce the funding on this project, the bidder in such event shall also be liable also to the City for the amount of actual funding withdrawn by such agency on this project less the amount of the forfeited deposit.

Appears in 1 contract

Samples: Moving Services Agreement

FAILURE TO EXECUTE CONTRACT. In the event of failure of the 12.01 The successful bidder to must execute the contract and furnish any required security and insurances, insurance(s) within ten (10) days after notice of the contract award of has been given by the contract, the deposit of City. Should the successful bidder fail to do so, the bidder’s deposit, or so much thereof as shall be applicable to the amount of the award made shall made, may be retained by the City, City and the successful bidder shall be liable for and hereby agrees to pay on demand the difference between the its bid price bid and the price for which such the contract shall be is subsequently re-let, including the cost of such re-letting and less the amount such of the original deposit. No plea of mistake in such accepted bid shall be available to the bidder for the recovery of the deposit or as a defense to any action based upon such the accepted bid. Further, should . 12.02 Should the bidder's failure to comply with this Section 16.01 above cause any funding agency, body or group (Federal, State, City, Public, Private, etc.) to terminate, cancel or reduce the funding on this project, the bidder in such event shall also be liable also to the City for the amount of actual funding withdrawn by such agency on this project less the amount of the forfeited deposit.

Appears in 1 contract

Samples: Maintenance Contract

FAILURE TO EXECUTE CONTRACT. In the event of failure of the successful bidder to execute the contract and furnish any required security and insurances, within ten (10) days after notice of the award of the contract, the deposit of the successful bidder or so much thereof as shall be applicable to the amount of the award made shall be retained by the City, and the successful bidder shall be liable for and hereby agrees to pay on demand the difference between the price bid and the price for which such contract shall be subsequently re-let, including the cost of such re-letting and less the amount of such deposit. No plea of mistake in such accepted bid shall be available to the bidder for the recovery of the deposit or as a defense to any action based upon such accepted bid. Further, should the bidder's failure to comply with this Section cause any funding agency, body or group (Federal, State, City, Public, Private, etc.) to terminate, cancel or reduce the funding on this project, the bidder in such event shall be liable also to the City for the amount of actual funding withdrawn by such agency on this project less the amount of the forfeited deposit.

Appears in 1 contract

Samples: Helicopter Storage and Maintenance Services Agreement

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FAILURE TO EXECUTE CONTRACT. In the event of failure of If the successful bidder fails to execute the contract and furnish any required security and insurances, within ten (10) days after notice of the award of the contract, the deposit of the successful bidder or so much thereof as shall be applicable to the amount of the award made shall be retained by the City, and the successful bidder shall be liable for and hereby agrees to pay on demand the difference between the price bid and the price for which such contract shall be subsequently re-let, including the cost of such re-letting and less the amount such deposit. No plea of mistake in such accepted bid shall be available to the bidder for the recovery of the deposit or as a defense to any action based upon such accepted bid. Further, should if the bidder's failure to comply with this Section cause causes any funding agency, body or group (Federal, State, City, Public, Private, etc.) to terminate, cancel or reduce the funding on this project, the bidder in such event shall be liable also to the City for the amount of actual funding withdrawn by such agency on this project less the amount of the forfeited deposit.

Appears in 1 contract

Samples: Agreement for Boilers, Heaters, Repairs and Maintenance Services

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