Reso 2012-1834 - Laserfiche WebLink

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32.2 If Contractor fails to comply with any tcrm or condition of this Agreement, or fails to perform any of its obligations hereunder, then Contractor shall be in default. Upon the occurrence of a default which is not cured within the Cure Period, in addition to all remedies available to it by law, the City or its designee may immediately, upon written notice to Contractor, terminate this Agreement whereupon all payments, advances, or other compensation paid by the City to Contractor while Contractor was in default shall be immediately returned to the City. The City or its designee may also suspend any payment or part thereof or order a Work stoppage until such time as the issues concerning compliance are resolved. Contractor understands and agrees that termination of this Agreement under this Article shall not release Contractor from any obligation accruing prior to the effective date of termination. 32.3 In the event of termination due to default, in addition to the foregoing Contractor shall be liable for all costs and expenses incurred by the City in the re-procurement of the Work under this Agreement. In the event of Default, the City or its designee may also issue a Notice to Cure and suspend or withhold payments to Contractor until such time as the actions giving rise to default have been cured. 32.4 A finding of default and subsequent termination for cause may includc, without limitation, any of the following: 32.4.1 Contractor fails to obtain and deliver to the City or its designee the Insurance certificates, the Bonds, and the Permits in the manner and within the time herein required. 32.4.2 Contractor fails to comply with any of its duties under this Agreement, with any terms or conditions set forth in this Agreemcnt beyond the spccified period allowed to cure such default. 32.4.3 Contractor fails to commence the Work within the timeframes provided or contemplated herein, or fails to complete the Work in a timely manner as required by this Agreement. 32.5 Except as otherwise provided for in this Agreement, the City or its designee shall provide Written Notice to Cure to Contractor as to a finding of default, and Contractor shall take all necessary action to Cure said default within the Cure Period. The City or its designee may extend the Cure Period at its sole discretion or terminate the Agreement upon failure of the Contractor to cure such default in the specified timeframe. ARTICLE 33. CONTRACTOR'S RIGHT TO TERMINATE 33.1 Subject to the provisions of Section 33.2 below, the Contractor may terminatc this Agreement if the Work is stopped for any of the reasons listed below for a period of 60 days through no act or fault of the Contractor, his agents, employees, or other persons performing any portion of the Work for the Contractor, or for the reason listed in section 33.1.3 below. CONSTRUCTION SERVICE CONTRACT NO. CI I 12-01 I Page 2101'28 ~ , :.f) ~,~ :j t). [;