Laserfiche WebLink
<br />iv) The Developer or a Contractor fails to abide by a proper stop work <br />notice or fails to correct rejected work or materials. <br />v) The Developer or a Contractor fails to provide and keep in full force <br />and effect all required insurance. <br />No effort to cure a default will extend the Developer's time for performance of the <br />Services. <br /> <br />D. Developer may terminate this Agreement upon seven (7) days' written <br />notice to City and Agency should City and Agency fail substantially to perform in <br />accordance with the terms hereof through no fault of Developer or if the Project in whole <br />or substantial part is stopped for a period of at least sixty (60) days under an order of <br />any court or other public authority having jurisdiction or as a result of an act of <br />government. <br />E. In the event of termination for default, the Developer shall be paid its <br />compensation for Services performed to the date of termination, including services of <br />Contractors and Consultants then due, less such costs and expenses as City and <br />Agency may incur on account of the Developer's failure to perform. <br />9. RECORDS. <br />Until the Streetscape Improvements and Street Modifications are finally accepted <br />by the City, the Developer shall maintain proper and detailed books of record and <br />account for the Services and all costs related thereto, and shall require the Contractors <br />and Consultants to do so. The Developer covenants that such accounting books will be <br />maintained in accordance with generally accepted accounting principles. Developer <br />shall permit City, Agency and their authorized representatives to inspect, examine and <br />copy Developer's books, records, accounts, and any and all data relevant to this <br />Agreement at any reasonable time for the purpose of auditing and verifying statements, <br />invoices, or bills submitted by Developer pursuant to this Agreement and shall provide <br />such assistance as may be reasonably required in the course of such inspection. City <br />and Agency further reserve the right to examine and re-examine said books, records, <br />accounts, and data during the three (3) year period following the termination of this <br />Agreement; and Developer shall in no event dispose of, destroy, alter, or mutilate said <br />books, records, accounts, and data in any manner whatever for three (3) years after <br /> <br />Atty/Agr/2005.072 <br />101105 <br />840847v12 33786/0001 LBack <br /> <br />14 <br />