Common use of T ermination for Cause Clause in Contracts

T ermination for Cause. A. If CONTRACTOR refuses or fails to prosecute the work with such diligence as will insure its completion within the time specified in AGREEMENT or any extension thereof, or fails to complete said work within such time, the Board of Supervisors may and in accordance with Paragraph 41 below (Breach of Contract) by written notice to CONTRACTOR, terminate his right to proceed with the work or such part of the work as to which there has been delay. In such event, COUNTY may take over the work and prosecute the same to completion, by contract or otherwise, and may take possession of and utilize in completing the work such materials, appliances, and plant as may be on the site of the work and necessary therefor. Whether or not s right to proceed with the work is terminated, he and his sureties shall be liable for any damage to COUNTY resulting from his refusal or failure to complete the work within the specified time. B. If fixed and agreed liquidated damages are provided in AGREEMENT and if COUNTY is required to complete all or portion of the work under AGREEMENT pursuant to Paragraph 5 above or because of the default by CONTRACTOR as specified in Paragraph 42 (Default), the resulting damage will include, but not be limited to, such liquidated damages until such reasonable time as may be required for final completion of the work together with any increased costs occasioned by COUNTY in completing the work. C. s right to proceed shall not be so terminated nor CONTRACTOR charged with resulting damage if: 1) The delay in the completion of the work arises from causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God, acts of the public enemy, acts of COUNTY, acts of another contractor in the performance of a contract with COUNTY, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, other than normal weather, and 2) CONTRACTOR, within ten (10) days from the beginning of any such delays (unless DIRECTOR grants in writing a further period of time before the date of final payment under AGREEMENT), notifies DIRECTOR in writing of the causes of delay. DIRECTOR shall ascertain the facts and the extent of the delay and extend the time for completing the work when, in his judgment, the delay is justified. DIRECTOR shall make written findings, and the findings of fact shall be final and conclusive on the parties, subject only to appeal as provided by law. D. The rights and remedies of COUNTY provided in this Section are in addition to any other rights and remedies provided by law or under AGREEMENT.