City May Terminate. The City reserves the right to terminate this Contract for Contractor’s material default of this Agreement. In the event of material default, the City must serve written notice upon the Contractor of the City’s intent to terminate. Unless the Contractor has cured the default within twenty-one (21) days after the City served such notice of default, the Contract shall terminate. The City and the Contractor may agree to a continuance period in which the Contractor must cure the default. Upon termination, the City may retain another Contractor or assign City employees and equipment to perform the services to be provided by the Contractor.
City May Terminate. 15.2 If CONTRACTOR is adjudged bankrupt or insolvent, or if he makes a general assignment for the benefit of its creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any its property, or if he files a petition to take advantage of any debtor's act, or to reorganize under bankruptcy or similar laws, or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or if he repeatedly fails to make prompt payments to Subcontractors or for labor, materials or equipment or he disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, or if he disregards the authority of CONSULTANT, or if he otherwise violates any provision of, the Contract Documents, then the City Manager may, without prejudice to any other right or remedy and after giving CONTRACTOR and the Surety seven (7) calendar days written notice, terminate the services of CONTRACTOR and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by CONTRACTOR, and finish the Work by whatever method it may deem expedient. In such case CONTRACTOR will not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR or the Surety on the Performance Bond must pay the difference to OWNER. Such costs incurred by OWNER will be determined by CONSULTANT and incorporated in a Change Order. If after termination of CONTRACTOR under this Section, it is determined by a court of competent jurisdiction for any reason that CONTRACTOR was not in default, the rights and obligations of OWNER and CONTRACTOR will be the same as if the termination had been issued pursuant to Section 15.5
City May Terminate. (a) If Contractor is adjudged a bankrupt or insolvent, or if it makes a general assignment for the benefit of its creditors, or if a trustee or receiver is appointed for Contractor or for any of its property, or if it files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or similar laws, or if it repeatedly fails to supply sufficient skilled workers or suitable materials or equipment, or if it repeatedly fails to make prompt payments to Subcontractors or for labor, materials or equipment, or if it disregards Laws of any public body having jurisdiction, or if he disregards the authority of Program Manager, or if he otherwise violates any provision of the Agreement, then City may, without prejudice to any other right or remedy and after giving Contractor and his surety five (5) days' written notice, terminate the Agreement and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery owned by Contractor, and finish the Work by whatever method it may deem expedient. In such case, Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess shall be paid to Contractor. If such costs exceed such unpaid balance, Contractor will pay the difference to City. Such costs incurred by City will be incorporated in a Change Order. In addition, if at any time the City or Program Manager shall be of the opinion that the Agreement or any part thereof is unnecessarily delayed or that the rate of progress or delivery is unsatisfactory, or that the Contractor is willfully violating any of the conditions or covenants of the Agreement, or is executing the same in bad faith, the City's designated representative may notify the Contractor of the nature of the complaint. If after five (5) working days after the date of the notification the conditions are not corrected to the satisfaction of the City and Program Manager, the City shall thereupon have the power to take whatever action it may deem necessary to complete the Work, or any part thereof, and the expense thereof; so charged, shall be deducted from any paid by the City out of such monies as may be or become due to said Contractor, under and by virtue of the Agreement. In such case Contractor shall not be entitled to receive any ...
