Agmt99 W L Butler Construction - Laserfiche WebLink

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notice thereof to DB not I~ss than thirty (30) calendar days pri~ to the effective date of termination, which date shall be included in said notice, in the event of such termination, City shall compensate DB for services rendered, and reimburse DB for costs and expenses incurred, to the date of termination, calculated in accordance with the provisions of paragraph 2 hereto. In ascertaining the services actually rendered to the date of termination, consideration shall be given both to completed work and work in process of completion. Nothing herein contained shall be deemed a limitation upon the right of City to terminate this Agreement for cause, or otherwise to exercise such rights or pursue such remedies as may accrue to City hereunder. (c) If DB materially fails to perform any of its obligations under this Agreement, City may, after seven calendar days' written notice during which period the DB fails to perform such obligation, make good such deficiencies at DB's cost and expense. If DB is adjudged a bankrupt, or if it makes a general assignment for the benefit of its creditors, or if a receiver is appointed on account of its insolvency, or if it persistently or repeatedly refuses or fails, except in cases for which extension of time is provided, to supply enough properly skilled workers or proper materials, or if it fails to make proper payment to Subcontractors for materials or labor, or persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of this Agreement, (collectively referred to as 'Violation"), then City may, without prejudice to any right or remedy and after giving DB and its surety, if any, seven calendar days' written notice, during which period DB fails to take reasonable steps to cure the Violation, or fails to cure the Violation within fifteen (15) days from the date of the written notice, terminate the employment of DB and take possession of the site and of all materials, equipment, tools, construction, equipment and machinery thereon owned by DB and may finish the Project by whatever reasonable method it may deem expedient, in such case, Agmt-247 F/sh/sh/RC/Council FXS:rg 03/29/99R;04/05/99R, 04/07/99R -19-