Common use of Developer Notice of Termination/Substitution Clause in Contracts

Developer Notice of Termination/Substitution. Developer shall notify ADOT in writing if any Work assigned to or projected to be performed by a Committed DBE will not be performed by the Committed DBE as soon as this information is known. Developer shall contact ADOT promptly at the first sign of any reason for cause of a Committed DBE termination/substitution. Developer shall not terminate or permit or suffer termination of a Committed DBE without ADOT’s written approval. Developer shall not complete or allow or suffer completion of the Work contracted to the Committed DBE with its own or the Lead Subcontractor’s forces or with a non-DBE firm. Before submitting a formal request to ADOT for DBE termination/substitution, Developer shall give, or cause the party to the Subcontract with the Committed DBE to give, a written notice to the Committed DBE Subcontractor with a copy to ADOT of its intent to terminate and/or substitute the Committed DBE and identifying the reason for the action. The notice shall allow the Committed DBE a minimum of five days to respond to the notice advising Developer or the contracting party and ADOT of the Committed DBE’s position. ADOT will consider both Developer’s request and the DBE firm’s response and explanation before approving Developer’s termination and substitution request.

Developer Notice of Termination/Substitution. Developer shall notify ADOT in writing if any Work assigned to or projected to be performed by a Committed DBE will not be performed by the Committed DBE as soon as this information is known. Developer shall contact ADOT promptly at the first sign of any reason for cause of a Committed DBE termination/substitution. Developer shall not terminate or permit or suffer termination of a Committed DBE without ADOT’s written approval. Developer shall not complete or allow or suffer completion of the Work contracted to the Committed DBE with its own or the Lead Subcontractor’s forces or with a non-DBE firm. Before submitting a formal request to ADOT for DBE termination/substitution, Developer shall give, or cause the party to the Subcontract with the Committed DBE to give, a written notice to the Committed DBE Subcontractor with a copy to ADOT of its intent to terminate and/or substitute the Committed DBE and identifying the reason for the action. The notice shall allow the Committed DBE a minimum of five days to respond to the notice advising Developer or the contracting party and ADOT of the Committed DBE’s position. ADOT will consider both DeveloperXxxxxxxxx’s request and the DBE firm’s response and explanation before approving Developer’s termination and substitution request.