Res 1988-104 - Laserfiche WebLink

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IV. CONDITIONS FOR TERMINATION PRIOR TO COMPLETION: If. through any cause other than acts of God or the public enemy, flood. or quarantine restrictions. the Contractor should fail to fulfill in a timely or proper manner the obligation of this agreement, the Department may ter- minate this agreement by giving written notice to the Contractor at least seven (7) days prior to the effective date of termination and specifying the effective date of termination. Either principal to this agreement may. at his convenience, terminate this agreement by one giving to the other. or each giving to the other. written notice of such termination and specifying the effective date at least thirty (30) days prior to the effective date of such termination so specified. Upon termination of this agreement. whether for cause or at the convenience of one or both principals. all finished or unfiníshed documents. data. stu- dies. surveys. reports, maps. drawings. models and photographs prepared by the Contractor shall, at the option of the Department, become the property of the Department. The Department shall reimburse the Contractor for those eligible expenses incurred during the contract period which are directly attributable to the completed portion of the services covered by this agreement, and shall pay the Contractor a portion of any authorized fee determined by dividing the actual eligible cost of the services actually and satisfactorily performed by the estimated reimbursable cost of the total services contracted for, and multiplying the authorized fee by the rate thus computed. EXCUSABLE DELAYS: V. Except with respect to defaults of subcontractors. the Contractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by the Contractor to progress in the performance of the work) if such failure arises out of causes beyond the control and without the default or negligence of the Contractor. Such causes may include, but are not restricted to. acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires. floods, epidemics. quarantine restrictions, strikes. freight embargoes, and unusually severe weather. In every case. however. the failure to perform must be beyond the control and without the fault or negligence of the Contractor. If the failure to perform is caused by the failure of a subcontractor to perform or make progress, and if such failure arises out of causes beyond the control of the Contractor and sub- contractor. and without the fault or negligence of either of them. the Contractor shall not be deemed to be in default. unless (a) the supplies or services to be furnished by the subcontractor were obtainable from other sources, (b) the Engineer shall have ordered the Contractor in writing to procure such supplies or services from other sources. and (c) the Contractor shall have failed to comply reasonably with such order. Upon request of the Contractor. the Engineer shall ascertain the facts and extent of such failure and, if he shall determine that any failure to per- form was occasioned by anyone or more of the said causes, the delivery schedule shall be revised accordingly. (Revised 3/84) 3 of 14