Laserfiche WebLink
, <br />' Salem Area Mass Transit District/Marion County IFB 00-03 42 <br />~ TAB Services <br />2) the Contractor, within 4 days from the beginning of any delay, notifies the Recipient in <br />writing of the causes of delay. If in the judgment of the Recipient, the delay is excusable, the <br />time for completing the work shall be extended. The judgment of the Recipient shall be final <br />and conclusive on the parties. <br />If, after termination of the Contractor's right to proceed, it is determined that the Contractor was <br />not in default, or that the delay was excusable, the rights and obligations of the parties will be the <br />same as if the termination had been issued for the convenience of the Recipient. <br />2) Termination for Convenience or Default (Architect and Engineering) The Recipient may <br />terminate this contract in whole or in part, for the Recipient's convenience or because of the <br />failure of the Contractor to fulfill the contract obligations. The Recipient shall terminate by <br />delivering to the Contractor a Notice of Termination specifying the nature, extent, and <br />effective date of the termination. Upon receipt of the notice, the Contractor shall (1) <br />immediately discontinue all services affected (unless the notice directs otherwise), and (2) <br />deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, <br />summaries, and other information and materials accumulated in performing this contract, <br />whether completed or in process. <br />If the termination is for the convenience of the Recipient, the Contracting Officer shall make an <br />equitable adjustment in the contract price but shall allow no anticipated profit on unperformed <br />services. <br />If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient <br />may complete the work by contract or otherwise and the Contractor shall be liable for any <br />additional cost incurred by the Recipient. <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 />j. Termination for Convenience or Default (Cost-Type Contracts) The Recipient may <br />terminate this contract, or any portion of it, by serving a notice or termination on the Contractor. <br />The notice shall state whether the termination is for convenience of the Recipient or for the <br />default of the Contractor. If the termination is for default, the notice shall state the manner in <br />which the Contractor has failed to perform the requirements of the contract. The Contractor shall <br />account for any property in its possession paid for from funds received from the Recipient, or <br />property supplied to the Contractor by the Recipient. If the termination is for default, the <br />Recipient may fix the fee, if the contract provides for a fee, to be paid the Contractor- in . <br />proportion to the value, if any, of work performed up to the time of termination. The Contractor <br />shall promptly submit its termination claim to the Recipient and the parties shall negotiate the <br />termination settlement to be paid the Contractor. <br />If the termination is for the convenience of the Recipient, the Contractor shall be paid its contract <br />close-out costs, and a fee, if the contract provided for payment of a fee, in proportion to the work <br />performed up to the time of termination. <br />If, after serving a notice of termination for default, the Recipient determines that the Contractor <br />has an excusable reason for not performing, such as strike, fire, flood, events which are not the <br />