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  2. Finance Committee - Agenda - 4/21/2021 - P45

Finance Committee - Agenda - 4/21/2021 - P45

By dnadmin on Mon, 11/07/2022 - 13:43
Document Date
Fri, 04/16/2021 - 10:18
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 04/21/2021 - 00:00
Page Number
45
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__042120…

TERMINATION FOR CAUSE

This agreement may be terminated by the City on ten (10) calendar day’s written notice to Contractor in the
event of a failure by Contractor 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. Contractor 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, Contractor shall:

1. Immediately discontinue work on the date and to the extent specified in the notice.

2. Provide the City with a list of all unperformed services.

3. 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.

4, 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.

5. Notresume work after the effective date of a notice of termination unless and until receipt of a
written notice from the City to resume performance.

In the event of a termination for cause, Contractor shall receive all amounts due and not previously paid to
Contractor for work satisfactorily completed in accordance with the contract prior to the date of the notice,
less all previous payments. No amount shall be allowed or paid for anticipated profit on unperformed
services or other unperformed work. Any such payment may be adjusted to the extent of any additional
costs occasioned to the City by reasons of Contractor's failure. Contractor shall not be relieved of liability to
the City for damages sustained from the failure, and the City may withhold any payment to the Contractor
until such time as the exact amount of damages due to the City is determined. All claims for payment by
the Contractor must be submitted to the City within 30 days of the effective date of the notice of termination.

If after termination for the failure of Contractor to adhere to any of 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, it is determined that Contractor had not so failed, the termination
shall be deemed to have been a termination at will. In that event, the City shall, if necessary, make an
adjustment in the compensation paid to Contractor such that Contractor receives total compensation in the
same amount as it would have received in the event of a termination-at-will.

GENERAL PROVISIONS FOR TERMINATION

Upon termination of the contract, the City may take over the work and prosecute it to completion by
agreement with another party or otherwise. Upon termination, City shall be entitled to all work and goods
produced or received as of the date of termination, unless otherwise returned or rejected by the City. Upon
termination of the contract or in the event Contractor shall cease conducting business, the City shall have

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Finance Committee - Agenda - 4/21/2021 - P45

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