Common use of Performance of Work by City Clause in Contracts

Performance of Work by City. If the University fails to perform the Work to a quality expected by the City, the City may, in its discretion, in order to bring the project closer to the schedule, perform or cause to be performed some or all of the Work, and doing so shall not waive any of the City’s rights and remedies. Before doing so, the City shall first give the University a 30-day written notice of its intention by certified mail, return receipt requested. The City may declare the University in default if University fails to cure such default within said 30 day receipt of written notification. In such event, the University shall only be compensated for those tasks specified in Exhibit A or any individual task assignment herein, which has been completed as of the date of default. In the event partial payment has been made for such services not completed, the University shall return such sums to the City within thirty (30) days after receipt of written notice, by certified mail, return receipt requested that said sums are due.

Appears in 8 contracts

Samples: Fy 2016 Agreement, Fy 2016 Agreement, Fy 2016 Agreement

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