32)
TERMINATE/BREACH OF CONTRACT
Termination for Convenience (General Provision) Nashua Transit System may terminate
this contract, in whole or in part, at any time by written notice to the Contractor when it is in
the Government's best interest. The Contractor shall be paid its costs, including contract close-
out costs, and profit on work performed up to the time of fermination. The Contractor shall
promptly submit its termination claim to Nashua Transit System, to be paid to the Contractor.
Ifthe Contractor has any property in its possession belonging to the Nashua Transit System,
the Contractor will account for the same, and dispose of it in the manner the Nashua Transit
System directs.
Termination for Default [Breach or Cause] (General Provision) If the Contractor does not
deliver supples in accordance with the contract delivery schedule, or, if the contract is for
services, the Contractor fails to perform in the manner called for in the contract, or if the
Contractor fails to comply with any other provisions of the contract, Nashua Transit System,
may terminate this contract for default, Termination shall be effected by serving a notice of
termination on the contractor setting forth the manner in which the Contractor is in default. The
contractor will only be paid the contract price for supplies delivered and accepted, or services
performed in accordance with the manner of performance set forth in the contract.
If it is later determined by Nashua Transit System, that the Contractor had an excusable reason
for not performing, such as a strike, fire, or flood, events which are not the fault of or are
beyond the control of the Contractor, Nashua Transit System, after setting up a new delivery of
performance schedule, may allow the Contractor to continue work, or treat the termination as a
termination for convenience.
Opportunity to Cure (General Provision) Nashua Transit System, in its sole discretion may,
in the case of a termination for breach or default, allow the Contractor ten (10) days which to
cure the defect. In such case, the notice of termination will state the time period in which cure
is permitted and other appropriate conditions
If Contractor fails to remedy to Nashua Transit System’s satisfaction the breach or default of
any of the terms, covenants, or conditions of this Contract within ten (10) days after receipt by
Contractor of written notice from Nashua Transit System, setting forth the nature of said
breach or default, Nashua Transit System, shail have the right to terminate the Contract without
any further obligation to Contractor. Any such termination for default shalt not in any way
operate to preclude Nashua Transit System, from also pursuing all available remedies against
Contractor and its sureties for said breach or default.
Waiver of Remedies for any Breach In the event that Nashua Transit System, elects to waive
its remedies for any breach by Contractor of any covenant, term or condition of this Contract,
such waiver by Nashua Transit System, shall not limit Nashua Transit System, remedies for
any succeeding breach of that or of any other term, covenant, or condition of this Contract.
Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or
to perform the services within the time specified in this contract or any extension or if the
Contractor fails to comply with any other provisions of this contract, Nashua Transit System,
may terminate this contract for default. Nashua Transit System shall terminate by delivering to
the Contractor a Notice of Termination specifying the nature of the default. The Contractor
will only be paid the contract price for supplies delivered and accepted, or services performed
in accordance with the manner or performance set forth in this contract.
Hf, after termination for failure to fulfill contract obligations, it is determined that the
Contractor was not in default, the rights and obligations of the parties shall be the same as if
the termination had been issued for the convenience of the Recipient.
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