Common use of Termination for Default (Construction Clause in Contracts

Termination for Default (Construction. If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provisions of this contract, NYCDOT may terminate this contract for default. NYCDOT shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, NYCDOT may take over the work and complete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to NYCDOT resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by NYCDOT in completing the work. The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause if:

Termination for Default (Construction. If the Contractor contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor contractor fails to comply with any other provisions of this contract, NYCDOT the purchaser may terminate this contract for default. NYCDOT The purchaser shall terminate by delivering to the Contractor contractor a Notice of Termination specifying the nature of the default. In this event, NYCDOT the purchaser may take over the work and complete compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor contractor and its sureties shall be liable for any damage to NYCDOT the purchaser resulting from the Contractorcontractor's refusal or failure to complete the work within specified time, whether or not the Contractorcontractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by NYCDOT the purchaser in completing the work. The Contractorcontractor's right to proceed shall not be terminated nor the Contractor contractor charged with damages under this clause if:if-

Termination for Default (Construction. If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provisions of this contract, NYCDOT GLPTC may terminate this contract for default. NYCDOT GLPTC shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, NYCDOT GLPTC may take over the work and complete compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to NYCDOT GLPTC resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by NYCDOT GLPTC in completing the work. The Contractor's right to proceed shall not be terminated nor will the Contractor be charged with damages under this clause if:

Termination for Default (Construction. If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract Contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provisions of this contractContract, NYCDOT the City may terminate this contract Contract for default. NYCDOT The City shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, NYCDOT the City may take over the work and complete compete it by contract Contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to NYCDOT the Recipient resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by NYCDOT the Recipient in completing the work. The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause if:if-