AG 2002 03 18 (Regular) - Laserfiche WebLink

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28. Performances and De£auit: If through any cause, the Contractor shall fail to fulfill in a timely and proper manner the obligations under this agreement, the Council shall thereupon have the right to terminate this Contract by giving 15 days written notice to the Contractor and specifying the effective date thereof. In a event, all finished or unfinished deliverable items under this Contract prepared by Contractor shall, at the option of the Council, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such materials. Notwithstandmg, the Contractor shall not be relieved of liability to the Council for damages sustained by the Council by virtue of any breach of this agreement, and the Council may. withhold any payment due' to the Contractor for the purpose of setoff until such time as the exact amount of damages due to the Council from such breach can be determined. .; In case ofdefauk by the Contractor, the State may procure the services from other sources and hold the Contractor responsible for any excess cost occasioned thereby. The Council reserves the right to require performance bond or other acceptable alternative guarantees from successful offers without expense to the Council. Upon the entering ora judgment of bankruptcy or insolvency by or against the Contractor, the Council may terminate the Contract for cause. Neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by any act of war, hostile, foreign act/on, nuclear explosion, dot, strikes, civil insurrection, earthquake, hurricane, tornado, or other catastrophic natural event of God. ' 29. Termination: The Council may terminate this agreement at anytime by 15 days notice in writing from the Council to the Contractor. In that event, all finished or unfinished deliverable items prepared by the Contractor shall, at the option of the Council, become its property.. If the Council as term/nates the Contract provided herein, the Contractor shall be paid for services satisfactorily. completed, less pa,vment or compensation previously made. The Council may terminate this Contract if funds are no longer available. 30. Waiver of Default: Waiver by the Council of any default or breach in compliance with the terms oft. his Contract by the Contractor shall not be deemed a waiver of any subsequent default or breach and shall n. ot be constructed to be modification of these terms of this Contract unless stated to be such in wi ia. en, signed by an authorized representative of the Department and the Contractor which will be attached to the Contract.