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8A <br /> Page 8 <br /> iv. By mu#uai acceptance of a lump sum. <br /> SECTlON 7 -C�AiMS <br /> I#any dispute shall arise between City and Contractor regarding performance of the work, or any aileged <br /> ehange in the work, Cont�ador sha11 timely perfam the disputed work and shall give wriften notice of a <br /> claim for additional compensation for the work ta City within ten (10} days after commencement of fhe <br /> disputed wartc. Cantractor's failure to give written notice within the ten (10) day period constitutes an <br /> agreement by Contractar that it will receive no extra campensation for the disputed work. <br /> SECTION 8-INSPECTfON AND PRO7ECTlON OF WORK <br /> A. Contractor sha{I make the worlc accessible at alt reasonab[e tirr►es for inspection by the City. <br /> B. When any of the Work is completed,Contractor shali request, in writing,an inspection. Within <br /> two(2)days af the receipt of such requesE,the City shall make an inspection. The Contractor or its <br /> representatives may be present at the inspection. The purp�e of such inspecfion shatl be to determ+ne <br /> whether the Work has been completecf in accordance with the Contract Documents, including all change <br /> arders and a11 interpretations and instructions previously issued. <br /> 3ECTION 9—ASSIGNMENT AND SUBCONTRACTING <br /> A. Contractor shall give personaf attention to the pertormance of the Contract and shall keep the <br /> Work under its control. <br /> B. No subcontractors will be recognized as such, and all persons engaged in the work of <br /> construction will be cortsidered as employees of the Contractor, who wi!) be held responsible for their <br /> wark which shali be subject to the provisions of the Contract and spe�cations. <br /> C. When a pottion of the work which has been subcontracted by the Contractor is not being <br /> prosecuted in a manner satisfactory to the City Engineer,the subcontractor shatl be removed immediately <br /> on the request of the City Engineer and shall not again be empfoyed on the work. <br /> SECTlON 90-TERMINATIUN <br /> A. Should Contractor fail within tl�ree (3)working days from receip#of City's written notice to correct <br /> any contractual deficiencies,including but no#limited to faifure to perfam the Work in accordance with the <br /> Contract Documents, failure to comply with the directions af City, or failure pay its creditars, City may <br /> terminate this Contract. Folfowing a termination for defauit, Gity shall have the right to take whatever <br /> steps it deems necessary to correct and complete the Work and charge the cost thereof to Contractor, <br /> who shall be liabls fo�the full cast of City's cotrective action, including reasonabie overhead, profit and <br /> attorneys'fees. <br /> 8_ Ciiy may at any time terminate the Contract a#City's convenience upon five days written notice to <br /> Con#ractor; in the event o#terminatian for convenience, Contractor shall recover only the amount due for <br /> wark completecf to the date af tenr►ination. Contractor shall not be entitled to any claim or Ifen against <br /> City for any additional compensation or damages in the event of such termination. <br /> C. !f City terminates Contractar for cause, and if it is laEer determined that the termination was <br /> wrongful, such default termination shail automaticatly be converted to and treated as a termination for <br /> convenience. ln such even#, Contractor shall be enti#led to receive anly the arnaunts payable under this <br /> ATTY/AGR/2ti08.079 Q <br /> 100708 <br />