Common use of Termination for Breach of Contract Clause in Contracts

Termination for Breach of Contract. 4.25.1 If CONTRACTOR refuses or fails to prosecute the WORK or any separable part thereof in accordance with the PLANS AND SPECIFICATIONS or with such diligence as will ensure its completion within the time specified herein, or an extension thereof, or fails to complete such WORK within time, or if he or any of his SUBCONTRACTOR(S) should violate any of the provisions of the CONTRACT, XXXXXXX may terminate this CONTRACT. 4.25.2 In the event of any such termination, XXXXXXX shall immediately serve written notice thereof upon the Surety and CONTRACTOR, and the Surety shall have the right to take over and perform the CONTRACT; provided however, that if the Surety within fifteen (15) DAYS after the serving upon it of a notice of termination does not give XXXXXXX written notice of its intention to take over and perform the CONTRACT and does not commence performance thereof within thirty (30) DAYS from the date of serving said notice, XXXXXXX may take over the WORK and prosecute the same to completion by CONTRACT or by any other method XXXXXXX may deem advisable. XXXXXXX may, without liability for so doing, take possession of and utilize in completing the WORK such MATERIALS, appliances, plants and other property belonging to CONTRACTOR that may be on the site of the WORK and be necessary therefore. For any portion of such WORK that XXXXXXX elects to complete by furnishing employees, MATERIALS, tools and equipment, XXXXXXX shall be compensated for such in accordance with the schedule of compensation for force account work in the section on payment for changes in the WORK. 4.25.3 The foregoing provisions are in addition to and not in limitation of any other rights or remedies available to XXXXXXX.

Termination for Breach of Contract. 4.25.1 If CONTRACTOR refuses or fails to prosecute the WORK or any separable part thereof in accordance with the PLANS AND SPECIFICATIONS or with such diligence as will ensure its completion within the time specified herein, or an extension thereof, or fails to complete such WORK within time, or if he or any of his SUBCONTRACTOR(S) should violate any of the provisions of the CONTRACT, XXXXXXX may terminate this CONTRACT. 4.25.2 In the event of any such termination, XXXXXXX shall immediately serve written notice thereof upon the Surety and CONTRACTOR, and the Surety shall have the right to take over and perform the CONTRACT; provided however, that if the Surety within fifteen (15) DAYS after the serving upon it of a notice of termination does not give XXXXXXX written notice of its intention to take over and perform the CONTRACT and does not commence performance thereof within thirty (30) DAYS from the date of serving said notice, XXXXXXX may take over the WORK and prosecute the same to completion by CONTRACT or by any other method XXXXXXX may deem xxxx advisable. XXXXXXX may, without liability for so doing, take possession of and utilize in completing the WORK such MATERIALS, appliances, plants and other property belonging to CONTRACTOR that may be on the site of the WORK and be necessary therefore. For any portion of such WORK that XXXXXXX elects to complete by furnishing employees, MATERIALS, tools and equipment, XXXXXXX shall be compensated for such in accordance with the schedule of compensation for force account work in the section on payment for changes in the WORK. 4.25.3 The foregoing provisions are in addition to and not in limitation of any other rights or remedies available to XXXXXXX.