Common use of Performance of Work by City Clause in Contracts

Performance of Work by City. If the Contractor fails to perform the Work according to the schedule agreed upon the parties, and set forth at Attachment C, which is incorporated with this Agreement by reference to the Attachment C, the City may, in its sole discretion, in order to bring the project closer to the schedule, perform or cause to be performed some or all of the Work; and doing so shall not waive any of the City’s rights and remedies. Before doing so, the City shall give the Contractor notice of its intention. The Contractor shall reimburse the City for additional costs incurred by the City in exercising its right to perform or cause to be performed some or all of the Work pursuant to this Section.

Performance of Work by City. If the Contractor fails to perform the Work according to in accordance with the schedule agreed upon the partiesreferred to in Section 2 above, and set forth at Attachment C, which the delay is incorporated with this Agreement by reference to the Attachment Cnot based on circumstances reasonably viewed as beyond Contractor’s direct control, the City may, in its sole discretion, in order to bring the project closer to the schedule, perform or cause to be performed some or all of the Work; , and doing so shall not waive any of the City’s rights and remedies. Before doing so, the City shall give the Contractor reasonable advance notice of its intention. The Contractor shall may be required to reimburse the City for additional costs incurred by the City in exercising its right to perform or cause to be performed some or all of the Work pursuant to this Sectionsection.