Jackson Mills HPP GENERAL CONDITIONS (PART 1)
City of Nashua Page 10 of 20
10.
9.6.
9.7.
9.8.
9.5.3. charge the Supplier the amount by which the full cost of finishing the Work as certified by invoice
and other documents exceeds the Contract Price; and
9.5.4. The Purchaser will pay to the Supplier the difference between the value of the Work and
Equipment which have been taken by the Purchaser pursuant to Section 9.5.1 and the amounts
already paid to the Supplier, if any.
If the Equipment has net been delivered to the Project Site, and the cost to complete the Work exceeds
the difference between the Contract Price and the amount already paid to the Supplier, the Supplier
must pay the Purchaser reasonable extra costs.
if the Purchaser should be adjudged bankrupt, insolvent or is in receivership, the Supplier may, without
prejudice to any other right or remedy it may have, immediately terminate the Contract by giving the
written notice to that effect.
H the Purchaser neglects to fulfil the material obligations properly or otherwise fails to comply with the
material requirements of the Contract Documents, the Supplier may, without prejudice, notify the
Purchaser in writing that the Purchaser is in default of its contractual obligations and instruct the
Purchaser to correct the default in the thirty (30) days immediately following the receipt of such notice.
Except in the case of the default in any payment by the Purchaser, if the correction of the default
identified by the Supplier cannot be completed in the time specified, the Purchaser shall be in
compliance with the Supplier’s instructions if it: commences the correction of the default within the
specified time and continues correcting until the default is corrected.
If the Purchaser fails to correct the default, and if the Purchaser’s default materially prejudices the
Supplier, then the Supplier may without prejudice to any other right or remedy it may have, on further
written notice to the Purchaser, either correct such default and invoice the cost thereof to the
Purchaser or terminate the Contract.
Should the Supplier terminate the Contract due to Article 9.7 or Article 8 above, the Supplier will invoice
and Purchaser will be obligated to pay all remaining amounts due of the Contract Price for Work
performed and completed prior to the date of termination as well as any direct cost, liquidated
damages and/or losses incurred or which may be incurred from entering into or termination of
Contract. The Supplier, upon receiving the full amounts as per this Article from the Purchaser, shall
deliver to Purchaser all portions of the Work and Equipment completed or available at the time of
termination.
Sub-suppliers and Suppliers
10.1.
10.2.
10.3.
10.4.
Unless otherwise agreed to by the Purchaser in writing, the Supplier shall! utilize only those Sub-
suppliers listed in Part 2 of the Contract Documents. If included in the list, then the Supplier may utilize
any Sub-supplier at its own discretion.
The Purchaser may, for reasonable cause, object to the use of a Sub-supplier and require the Supplier to
provide an alternate Sub-supplier suitable to the Purchaser.
In the event that the Purchaser requires a change in a Sub-supplier, the Contract Price shall be adjusted
by the difference in cost plus a mark-up of ten percent (10%) to cover the Supplier’s overhead cost,
occasioned by such a change, if any.
The Supplier shall not be required to employ as a Sub-supplier a person or firm to whom it may
reasonably object.
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Mavel Americas, Inc.
