Common use of Failure to Meet Obligations Clause in Contracts

Failure to Meet Obligations. If the vendor is unable to meet its agreement obligations as set out in this invitation, the Indiana Department of Transportation, at its option may purchase materials from any other available source on the open market, cancel the agreement or applicable portions thereof, and/or may award the portions so cancelled to another supplier. In the event the State is required to purchase the materials from another source as a result of the contracted vendor not being able to meet their commitment, any additional expenses in excess of the agreement price will be deducted from any money due the contracted vendor. Exhibit C = Local Government Entities & Other State Agencies Specifications LOCAL GOVERNMENTAL ENTITIES & OTHER STATE AGENCIES SPECIFICATIONS & SPECIAL PROVISIONS FOR TREATED/UNTREATED SODIUM CHLORIDE These specifications and terms and conditions apply to other governmental bodies and other state agencies that are listed within this solicitation. These specifications will not apply to INDOT locations in this solicitation. Other governmental bodies is defined as follows: an agency, board, branch bureau, commission, council, department, institution, office or establishment of (a) the judicial branch, (b) the legislative branch, (c) a political subdivision, which includes towns, cities, school corporations and local governments, (d) a state educational institution. Scope of Services The material to be furnished shall consist of sodium chloride delivered at Contractor’s expense to various Buyer facilities. This rock salt shall be used as a deicer for road maintenance. Untreated sodium chloride shall be rock salt conforming to the requirements of the 2014 Indiana Department of Transportation Standard Specifications, Section 913.03, (or latest revision and any Supplemental Specifications), AASHTO M 143, and to the other requirements contained within these specifications. All material furnished shall contain a chemical to prevent caking, and shall be free of foreign matter, lumps, and free water. Treated sodium chloride shall be the same rock salt as stated above, 2014 Indiana Department of Transportation Standard Specifications, Section 913.03, (or latest revision and any Supplemental Specifications,) AASHTO M 143 treated with a combination of magnesium chloride and corrosion resistant products in accordance with the specifications contained herein. The Chemical to prevent caking is not needed for treated salt. Rejection - All sodium chloride delivered will be visually inspected by Buyer at the time of delivery and samples may be tested for gradation purity, leaching and moisture content. Any material delivered which contains lumps, foreign matter, or free water, or otherwise fails to conform to the requirements contained herein, shall be rejected. In the event the material has been dumped prior to rejection it shall be immediately reloaded or removed by the Contractor within forty-eight (48) hours of notification of rejection. Buyers shall not be responsible for either the cost of rejected material or the cost to dispose of rejected material not picked up by Contractor within forty-eight (48) hours of the rejection. Buyers reserve the right to offset those costs against any future payments to Contractor at a rate of $10.00 per ton for each day the salt remains on the district locations. In the event untreated sodium chloride is added to the stockpile prior to testing, deductions will be made for untreated sodium chloride that does not comply with the following specifications:

Appears in 4 contracts

Samples: Incorporated Deicing Technology Contract, www.in.gov, www.in.gov

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