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Carlson Testing -Contract
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Carlson Testing -Contract
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Last modified
9/19/2012 11:43:23 AM
Creation date
8/2/2011 3:56:58 PM
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Building
RecordID
10070
Title
Carlson Testing -Contract
Company
Carlson Testing
BLDG Date
1/1/1999
Building
Courthouse Square
BLDG Document Type
Contracts - Agreements
Project ID
CS9801 Courthouse Square Construction
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. <br />Page: 33 <br />defect. In such case, the notice of termination will state the time period in which cure is <br />permitted and other appropriate conditions <br />If Contractor fails to remedy to Recipient's satisfaction the breach or default or any of the terms, <br />covenants, or conditions of this Contract within 30 days after receipt by Contractor or written <br />notice from Recipient setting forth the nature of said breach or default, Recipient shall have the <br />right to terminate the Contract without any further obligation to Contractor. Any such <br />termination for default shall not in any way operate to preclude Recipient from also pursuing all <br />available remedies against Contractor and its sureties for said breach or default. <br />d. Waiver of Remedies for any Breach In the event that Recipient elects to waive its remedies <br />for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by <br />Recipient shall not limit Recipient's remedies for any succeeding breach of that or of any other <br />term, covenant, or condition of this Contract. <br />e. Termination for Convenience (Professional Service Contracts) The Recipient, by written <br />notice, may terminate this contract, in whole or in part, when it is in the govemment's interest. If <br />this contract is terminated, the Recipient shall be liable only for payment under the payment <br />provisions of this contract for services rendered before the effective date of termination. <br />f. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or <br />to perform the services within the time specified in this contract or any extension or if the <br />Contractor fails to comply with any other provisions of this contract, the Recipient may <br />terminate this contract for default. The Recipient shall terminate by delivering to the Contractor <br />a Notice of Termination specifying the nature of the default. The Contractor will only be paid the <br />contract price for supplies delivered and accepted, or services performed in accordance with the <br />manner or performance set forth in this contract. <br />If, after termination for failure to fulfill contract obligations, it is determined that the Contractor <br />was not in default, the rights and obligations of the parties shall be the same as if the termination <br />had been issued for the convenience of the Recipient. <br />g. Termination for Default (Transportation Services) If the Contractor fails to pick up the <br />commodities or to perform the services, including delivery services, within the time specified in <br />this contract or any extension or if the Contractor fails to comply with any other provisions of <br />this contract, the Recipient may terminate this contract for default. The Recipient shall terminate <br />by delivering to the Contractor a Notice of Termination specifying the nature of default. The <br />Contractor will only be paid the contract price for services performed in accordance with the <br />manner of performance set forth in this contract. <br />If this contract is terminated while the Contractor has possession of Recipient goods, the <br />Contractor shall, upon direction of the Recipient, protect and preserve the goods until <br />surrendered to the Recipient or its agent. The Contractor and Recipient shall agree on payment <br />for the preservation and protection of goods. Failure to agree on an amount will be resolved <br />under the Dispute clause. <br />If, after termination for failure to fulfill contract obligations, it is determined that the Contractor <br />was not in default, the rights and obligations of the parties shall be the same as if the termination <br />had been issued for the convenience of the Recipient. <br />
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