Courthouse Square Agreements (compiled notebook)

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g. Termination for Default (Transportation Services) If the Contractor fails ~ commodities or to perform the services, including delivery services, within the time contract or any extension or if the Contractor fails to comply with any other pr contract, the Recipient may terminate this contract for default. The Recipient sh~ delivering to the Contractor a Notice of Termination specifying the nature of default, will only be paid the contract price for services performed in accordance with performance set forth in this contract. If this contract is terminated while the Contractor has possession of Recipient good~ shall, upon direction of the Recipient, protect and preserve the goods until sur Recipient or its agent. The Contractor and Recipient shall agree on payment for the ~ protection of goods. Failure to agree on an amount will be resolved under the Disoute ~ to pick up the specified in this ~visions of this ll terminate by The Contractor the manner of the Contractor endered to the reservation and clause. If, after termination for failure to fulfill contract obligations, it is determined that theI Contractor was not in default, the rights and obligations of the parties shall be the same as if the terrr~nation had been issued for the convenience of the Recipient. I~ h. Termination for Default (Construction) If the Contractor refuses or fails to prose any separable part, with the diligence that will insure its completion within the time contract or any extension or fails to complete the work within this time, or if the Cc comply with any other provisions of this contract, the Recipient may terminate ~ default. The Recipient shall terminate by delivering to the Contractor a Notice specifying the nature of the default. In this event, the Recipient may take over the wc it by contract or otherwise, and may take possession of and use any materials, appli on the work site necessary for completing the work. The Contractor and its sureties sl any damage to the Recipient resulting from the Contractor's refusal or failure to co~ within specified time, whether or not the Contractor's right to proceed with the woc This liability includes any increased costs incuned by the Recipient in completing the The Contractor's right to proceed shall not be terminated nor the Contractor under this clause if- ite the work or pecified in this ~tractor fails to is contract for ~f Termination k and compete ices, and plant 11 be liable for plete the work is terminated. with damages 1. the delay in completing the work arises from unforeseeable causes beyond the cont ol and without the fault or negligence of the Contractor. Examples of such causes include: acts of od, acts of the Recipient, acts of another Contractor in the performance of a contract with the Recip ent, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. the Contractor, within 4 days from the beginning of any delay, notifies the Recipie t in writing of the causes of delay. If in the judgment of the Recipient, the delay is excusabl , the time for completing the work shall be extended. The judgment of the Recipient shall be final and conclusive on the parties. If, after termination of the Contractor's right to proceed, it is determined that the Co tractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the Recipient. i. Termination for Convenience or Default (Architect and Engineering) The terminate this contract in whole or in part, for the Recipient's convenience or because ~ the Contractor to fulfill the contract obligations. The Recipient shall terminate by d Contractor a Notice of Termination specifying the nature, extent, and effecti~ termination. Upon receipt of the notice, the Contractor shall (1) immediately disconti affected (unless the notice directs otherwise), and (2) deliver to the Contracting C drawings, specifications, reports, estimates, summaries, and other information accumulated in performing this contract, whether completed or in process. Recipient may if the failure of ~livering to the ~e date of the lue all services ~fficer all data, and materials Addendum, FTA Contract Requirements ~ Page - 20 0718970102