Common use of FAILURE TO EXECUTE CONTRACT Clause in Contracts

FAILURE TO EXECUTE CONTRACT. A. Within ten days of the receipt of a notice of award, the bidder to whom the contract is awarded shall deliver the performance bond and/or specified insurance certificates to City. B. If the bidder fails or refuses to furnish the required bond and/or insurance within ten days after receiving notice from Purchasing, Purchasing may, at its option, determine that this bidder has abandoned its bid. Thereupon the tentative award of said contract to this bidder shall be canceled and City shall notify the bidder’s surety and collect on the bidder’s bond (or the check accompanying its bid shall be deposited with the Treasurer of the City and County of San Francisco for collection) and the proceeds thereof shall be retained by City as partial liquidated damages for failure of such bidder to properly file the bonds and insurance herein required. The foregoing in no way limits the damages which are recoverable by City whether or not defined elsewhere in the contract documents.

Appears in 2 contracts

Samples: Equipment Rental Agreement, Contract

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FAILURE TO EXECUTE CONTRACT. A. Within ten (10) days of the receipt of a notice of award, the bidder to whom the contract is awarded shall deliver the performance bond and/or specified and specific insurance certificates to the City. B. . If the bidder fails or refuses to furnish the required bond and/or and insurance within ten (10) days after receiving notice from Purchasing, Purchasing to file such bond. Purchasing may, at its option, determine that this bidder has abandoned its bid. Thereupon the tentative award of said contract to this bidder shall be canceled cancelled and the City shall notify the bidder’s surety and collect on the bidder’s bond (or the check accompanying its bid shall be deposited with the Treasurer of the City and County of San Francisco for collection) and the proceeds thereof shall be retained by the City as partial liquidated damages for failure of such bidder to properly file the bonds and insurance herein required. The foregoing in no way limits the damages which are recoverable by the City whether or not defined elsewhere in the contract documents. After award, all proposals quarantees, except those which may have been forfeited, will be returned to the respective bidders whose proposals they accompanied.

Appears in 1 contract

Samples: Contract

FAILURE TO EXECUTE CONTRACT. A. Within ten (10) days of the receipt of a notice of award, the bidder Bidder to whom the contract is awarded shall deliver the performance bond and/or and specified insurance certificates to the City. B. . If the bidder Bidder fails or refuses to furnish the required bond and/or and insurance within ten (10) days after receiving notice from PurchasingPurchasing to file such bond, Purchasing may, at its option, determine that this bidder Bidder has abandoned its bid. Thereupon the tentative award of said contract to this bidder Bidder shall be canceled and the City shall notify the bidderBidder’s surety and collect on the bidderBidder’s bond (or the check accompanying its bid shall be deposited with the Treasurer of the City and County of San Francisco for collection) and the proceeds thereof shall be retained by the City as partial liquidated damages for failure of such bidder Bidder to properly file the bonds and insurance herein required. The foregoing in no way limits the damages which are recoverable by the City whether or not defined elsewhere in the contract documents. After award, all proposal guarantees, except those which may have been forfeited, will be returned to the respective Bidders whose proposals they accompanied.

Appears in 1 contract

Samples: Contract

FAILURE TO EXECUTE CONTRACT. A. Within ten business days of the receipt of a notice of award, the bidder to whom the contract is awarded shall deliver the performance bond and/or specified insurance certificates to City. B. . If the bidder fails or refuses to furnish the required bond and/or insurance within ten days after receiving notice from Purchasing, Purchasing may, at its option, determine that this bidder has abandoned its bid. Thereupon the tentative award of said contract to this bidder shall be canceled and City shall notify the bidder’s surety and collect on the bidder’s bond (or the check accompanying its bid shall be deposited with the Treasurer of the City and County of San Francisco for collection) and the proceeds thereof shall be retained by City as partial liquidated damages for failure of such bidder to properly file the bonds and insurance herein required. The foregoing in no way limits the damages which are recoverable by City whether or not defined elsewhere in the contract documents.

Appears in 1 contract

Samples: Contract Proposal

FAILURE TO EXECUTE CONTRACT. A. Within ten (10) days of the receipt of a notice of award, the bidder to whom the contract is awarded shall deliver the performance bond and/or Fidelity Bond and specified insurance certificates Insurance Certificates to the City. B. If the bidder such bidders fails or refuses to furnish the required bond and/or and insurance within ten (10) days after receiving notice from PurchasingPurchasing to file such bond, Purchasing may, at its option, determine that this bidder has abandoned its bid. Thereupon the tentative award of said contract to this bidder shall be canceled and the City shall notify the bidder’s 's surety and collect on the bidder’s 's bond (or the check accompanying its bid shall be deposited with the Treasurer of the City and County county of San Francisco for collection) and the proceeds thereof shall be retained by City the city as partial liquidated damages for failure of such bidder to properly file the bonds bond and insurance herein required. The foregoing in no way limits the damages which are recoverable by the City whether or not defined elsewhere in the contract documents.

Appears in 1 contract

Samples: General Conditions

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FAILURE TO EXECUTE CONTRACT. A. Within ten days of the receipt of a notice of award, the bidder to whom the contract is awarded shall deliver the performance bond and/or specified insurance certificates to City. B. If the bidder fails or refuses to furnish the required bond and/or insurance within ten days after receiving notice from Purchasing, Purchasing may, at its option, determine that this bidder has abandoned its bid. Thereupon the tentative award of said contract to this bidder shall be canceled and City shall notify the bidder’s surety and collect on the bidder’s bond (or the check accompanying its bid shall be deposited with the Treasurer of the City and County of San Francisco for collection) and the proceeds thereof shall be retained by City as partial liquidated damages for failure of such bidder to properly file the bonds and insurance herein required. The foregoing in no way limits the damages which that are recoverable by the City whether or not defined elsewhere in the contract documents. C. After award, all proposal guaranties, except those that may have been forfeited, will be returned to the respective bidders whose proposals they accompanied.

Appears in 1 contract

Samples: Contract

FAILURE TO EXECUTE CONTRACT. A. Within ten days of the receipt of a notice of award, the bidder to whom the contract is awarded shall deliver the performance bond and/or specified insurance insuran8ce certificates to City. B. If the bidder fails or refuses to furnish the required bond and/or insurance within ten days after receiving notice from Purchasing, Purchasing may, at its option, determine that this bidder has abandoned its bid. Thereupon the tentative award of said contract to this bidder shall be canceled and City shall notify the bidder’s surety and collect on the bidder’s bond (or the check accompanying its bid shall be deposited with the Treasurer of the City and County of San Francisco for collection) and the proceeds thereof shall be retained by City as partial liquidated damages for failure of such bidder to properly file the bonds and insurance herein required. The foregoing in no way limits the damages which are recoverable by City whether or not defined elsewhere in the contract documents.

Appears in 1 contract

Samples: Contract

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