Common use of TOWN’S RIGHT TO PERFORM THE TOWN’S WORK OR TERMINATE Clause in Contracts

TOWN’S RIGHT TO PERFORM THE TOWN’S WORK OR TERMINATE. 1) If the Owner should neglect to perform the Town’s Work properly or otherwise fails to comply with the requirements of this Section to a substantial degree, the Town’s Engineer, without prejudice to any other right or remedy it may have including without limitation, the rights to proceed without notice contained in this Section, may notify the Owner in writing that it is in default of its contractual obligations and instruct it to correct the default in the fifteen (15) working days immediately following the receipt of such notice. If the correction of the default cannot be completed in the fifteen (15) working days specified, the Owner shall be in compliance with the Town’s instructions if it: (a) commences the correction of the default within the specified time, (b) provided the Town with an acceptable schedule for such correction, and (c) completes the correction in accordance with such schedule. 2) If the Owner fails to correct the default in the time specified or subsequently agreed upon, the Town, without prejudice to any other right or remedy it may have, may: (a) correct such default and deduct the cost thereof from any payment then or thereafter due the Owner, or (b) correct such default and charge to the security posted any costs which the Town would not have been responsible for, but for the default or for which the funding of such costs is not provided for by the Town’s Development Charge By-law if the work is to be paid for out of development charges, or (c) terminate the Owner’s right to continue with the Town’s Work in whole or in part. 3) If the Town and the Owner cannot agree on an acceptable timetable for correction, the Town may terminate the Owner’s right to continue with the Town’s Work in whole or in part and charge to the securities posted any costs which the Town would not have been responsible for, but for the default or for which the funding of such costs is not provided for by the Town’s Development Charge By-law if the work is to be paid for out of development charges. Notwithstanding the notice requirements in this Agreement, if the Town, acting in good faith, determines that it has reasonable cause, either as a result of a real or apprehended emergency or as a result of other concerns of the Town, it may proceed to exercise the remedies contained in this Agreement without providing any notice or upon providing such reduced notice as the Town deems appropriate. 4) If the Owner should be adjudged bankrupt, or makes a general assignment for the benefit of creditors because of its insolvency or if a receiver is appointed because of its insolvency, the Town may, without prejudice to any other right or remedy it may have, by giving the owner or receiver or trustee in bankruptcy written notice, terminate this Agreement and charge to the security posted any costs arising from such termination which the Town would not have been responsible for, but for the default or for which the funding of such cost is not provided for by the Development Charge By-law if the work is to be paid for out of development charges. 5) Subject to reasonable extensions resulting from Changes in the Town’s Work and to events of force majeure, if the construction of the services provided for in this Agreement has not been substantially completed in accordance with Schedule “K” within the time set out in this Section and if the Town does not choose to exercise its power to complete them or any of them not completed, the Owner may be required to enter into a new Agreement with the Town to cover those areas in which the services have not been completed which may provide for their completion in accordance with any new requirements and specifications then currently being imposed by the Town upon subdividing owners.

TOWN’S RIGHT TO PERFORM THE TOWN’S WORK OR TERMINATE. 1) If the Owner should neglect to perform prosecute the Town’s Work properly or otherwise fails to comply with the requirements of this Section to a substantial degree, the Town’s Engineer, without prejudice to any other right or remedy it may have including without limitation, the rights to proceed without notice contained in this Section, may notify the Owner in writing that it is in default of its contractual obligations and instruct it to correct the default in the fifteen (15) working days immediately following the receipt of such notice. If the correction of the default cannot be completed in the fifteen (15) working days specified, the Owner shall be in compliance with the Town’s instructions if it: (a) commences the correction of the default within the specified time, (b) provided the Town with an acceptable schedule for such correction, and (c) completes the correction in accordance with such schedule. 2) If the Owner fails to correct the default in the time specified or subsequently agreed upon, the Town, without prejudice to any other right or remedy it may have, may: (a) correct such default and deduct the cost thereof from any payment then or thereafter due the Owner, or (b) correct such default and charge to the security posted any costs which the Town would not have been responsible for, but for the default or for which the funding of such costs is not provided for by the Town’s Development Charge By-law if the work is to be paid for out of development charges, or (c) terminate the Owner’s right to continue with the Town’s Work in whole or in part. 3) If the Town and the Owner cannot agree on an acceptable timetable for correction, the Town may terminate the Owner’s right to continue with the Town’s Work in whole or in part and charge to the securities posted any costs which the Town would not have been responsible for, but for the default or for which the funding of such costs is not provided for fo by the Town’s Development Charge By-law if the work is to be paid for out of development charges. Notwithstanding the notice requirements in this Agreement, if the Town, acting in good faith, determines that it has reasonable cause, either as a result of a real or apprehended emergency or as a result of other concerns of the Towntown, it may proceed to exercise the remedies contained in this Agreement without providing any notice or upon providing such reduced notice as the Town deems appropriate. 4) If the Owner should be adjudged bankrupt, or makes a general assignment for the benefit of creditors because of its insolvency or if a receiver is appointed because of its insolvency, the Town may, without prejudice to any other right or remedy it may have, by giving the owner Owner or receiver or trustee in bankruptcy written notice, terminate this Agreement and charge to the security posted any costs arising from such termination which the Town would not have been responsible for, but for the default or for which the funding of such cost is not provided for by the Development Charge By-law if the work is to be paid for out of development charges. 5) Subject to reasonable extensions resulting from Changes in the Town’s Work and to events of force majeure, if the construction of the services provided for in this Agreement has not been substantially completed in accordance with Schedule “K” within the time set out in this Section and if the Town does not choose to exercise its power to complete them or any of them not completed, the Owner may be required to enter into a new Agreement agreement with the Town to cover those areas in which the services have not been completed which may provide for their completion in accordance with any new requirements and specifications then currently being imposed by the Town upon subdividing ownersOwners.