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Finance Committee

Finance Committee - Agenda - 3/6/2019 - P143

By dnadmin on Mon, 11/07/2022 - 13:10
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B. In the event Contractor (or any of its officers, partners, principals, or employees acting with its authority) is
convicted of a crime involving a public official arising out or in connection with the procurement of work to be done or
payments to be made under this contract, City may terminate the contract at will or for cause in accordance with
paragraph 9. Upon termination, Contractor shall refund to the City any profits realized under this contract, and

Finance Committee - Agenda - 3/6/2019 - P142

By dnadmin on Mon, 11/07/2022 - 13:10
  • Read more about Finance Committee - Agenda - 3/6/2019 - P142

A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with
the Contract Documents, will survive final payment, completion, and an acceptance of the Work or termination or
completion of the Agreement.

17.05 Controlling Law

Finance Committee - Agenda - 3/6/2019 - P141

By dnadmin on Mon, 11/07/2022 - 13:10
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Upon termination of the contract, the OWNER may take over the work and prosecute it to completion by agreement
with another party or otherwise. In the event CONTRACTOR shall cease conducting business, the OWNER shall have

the right to solicit applications for employment from any employee of the CONTRACTOR assigned to the
performance of the contract.

Finance Committee - Agenda - 3/6/2019 - P140

By dnadmin on Mon, 11/07/2022 - 13:10
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3. Immediately make every reasonable effort to obtain cancellation upon terms satisfactory to the OWNER of all
orders or subcontracts to the extent they relate to the performance of work terminated, abandoned, or suspended
under the notice, assign to the OWNER any orders or subcontracts specified in the notice, and revoke agreements
specified in the notice.

4. Not resume work after the effective date of a notice of suspension until receipt of a written notice from the
OWNER to resume performance.

Finance Committee - Agenda - 3/6/2019 - P139

By dnadmin on Mon, 11/07/2022 - 13:10
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B. Review of Application and Acceptance

Finance Committee - Agenda - 3/6/2019 - P138

By dnadmin on Mon, 11/07/2022 - 13:10
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B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but
OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list.

14.05 Partial Utilization

Finance Committee - Agenda - 3/6/2019 - P137

By dnadmin on Mon, 11/07/2022 - 13:10
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D. Reduction in Payment.
1. OWNER may refuse to make payment of the full amount recommended by ENGINEER because:

a. Claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the
Work;

b. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific
Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens;

c. There are other items entitling OWNER to a set-off against the amount recommended; or

Finance Committee - Agenda - 3/6/2019 - P136

By dnadmin on Mon, 11/07/2022 - 13:10
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ENGINEER to supervise, direct, or control the Work or for the means, methods, techniques, sequences, or
procedures of construction, or the safety precautions and programs incident thereto, or for CONTRACTOR's
failure to comply with Laws and Regulations applicable to CONTRACTOR's performance of the Work.
Additionally, said review or recommendation will not impose responsibility on ENGINEER to make any
examination to ascertain how or for what purposes CONTRACTOR has used the moneys paid on account of the

Finance Committee - Agenda - 3/6/2019 - P135

By dnadmin on Mon, 11/07/2022 - 13:10
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OWNER in exercising the rights and remedies under this paragraph 13.09 will be charged against CONTRACTOR,
and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the
Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree
as to the amount of the adjustment, OWNER may make a Claim therefore as provided in paragraph 10.05. Such

Finance Committee - Agenda - 3/6/2019 - P134

By dnadmin on Mon, 11/07/2022 - 13:10
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defective Work or, if the defective Work has been rejected by OWNER, remove it from the Project and replace it with
Work that is not defective, and (iii) satisfactorily correct or repair or remove and replace any damage to other Work, to
the work of others or other land or areas resulting there from. If CONTRACTOR does not promptly comply with the
terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may

Pagination

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