8. Title/Risk of Loss. Title, ownership, and risk of loss or damage of the Low
Floor Cutaway Vans shall remain with Seller until the Low Floor Cutaway Vans are
delivered to, inspected and accepted by City, except when such loss or damage is due to the
fault or negligence of City. Once accepted by City, title, ownership, and risk of loss shall
transfer to City.
9. Termination and Suspension. The City, in its sole discretion, shall have the
right to terminate, abandon, or suspend all or part of the project and contract at will. Ifthe
City chooses to terminate, abandon, or suspend all or part of the project, it shall provide
Seller thirty (30) day’s written notice of its intent to do so. If all or part of the project is
suspended for more than ninety (90) days, the suspension shall be treated as a termination
at will of all or that part of the project and contract.
Upon receipt of notice of termination, abandonment, or suspension at will, Seller
shall:
a. Immediately discontinue work on the date and to the extent specified in the
notice.
b. Provide the City with a list of all unperformed services.
c. Place no further orders or sub-contracts for materials, services, or facilities,
other than as may be necessary or required for completion of such portion of
work under the contract that is not terminated.
d. Immediately make every reasonable effort to obtain cancellation upon terms
satisfactory to the City of all orders or sub contracts to the extent they relate
to the performance of work terminated, abandoned, or suspended under the
notice, assign to the City any orders or sub contracts specified in the notice,
and revoke agreements specified in the notice.
e. Not resume work after the effective date of a notice of suspension until
receipt of a written notice from the City to resume performance.
In the event of a termination, abandonment, or suspension at will, Seller shall
receive all amounts due and not previously paid to Seller for work satisfactorily completed
in accordance with the Contract Documents prior to the date of the notice and
compensation for work thereafter completed as specified in the notice. No amount shall be
allowed or paid for anticipated profit on unperformed services or other unperformed work.
TERMINATION FOR CAUSE
This agreement may be terminated by the City on ten (10) calendar day’s written
notice to Seller in the event of a failure by Seller to adhere to any or all the terms and
conditions of the contract or for failure to satisfactorily, in the sole opinion of the City, to
complete or make sufficient progress on the work in a timely and professional manner.
Seller shall be given an opportunity for consultation with the City prior to the effective date
of the termination.
Upon receipt of notice of termination for cause, Seller shall:
1. Immediately discontinue work on the date and to the extent specified in the notice.
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