Common use of Inadequate Administration Clause in Contracts

Inadequate Administration. If, at any time during the Construction Project, the DOT determines that the Administration by the Municipality is not adequate, it may be deemed a breach by the Municipality, as determined by the DOT in its sole discretion, and the DOT may assume responsibility for, or supplement, the Administration of the Construction Project, at its sole discretion. The additional costs associated with the DOT’s Administration of the Construction Project will be considered part of the Construction Project costs for DOT-provided Services and will be funded in accordance with the proportionate cost sharing set forth in the PAL. The DOT may, in its sole discretion, withhold any payments to the Municipality under the PAL, until such time that the Municipality resumes Administration at the direction, and to the satisfaction, of the DOT. Furthermore, the DOT’s assumption or supplementing of the Administration of a Construction Project does not waive any of the DOT’s remedies under this Agreement, nor relieve the Municipality from any liability related to its breach.