Res 1979-007 - Laserfiche WebLink

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.'.. I HI 4. In the event of the failure of the Cen er and the City to agree as provided above, the C ty shall pay to the Center the amounts as determine as follows: (a) for completed work accepted by the City and not yet paid for. (b) the total of: (1) the cost incurred in the performance of the work terminated, including initial cost, (2) the cost of settling and paying claims arising after the termination of work under subcontracts or orders, 5. The decision of the City shall be final and conclusive unless within thirty (30) days from the date Qf receipt of a written copy of the decision, the Center mails or otherwise furnishes to the City a written appeal addressed to the Texas Criminal Justice Division. The decision of the Texas Criminal Justice Division or its authorized representative shall be final and conclusive absent a showing of fraud, caprice, arbitrariness or gross error implying bad faith, in some court of competent jurisdiction. V. Defaul t 1. City may, subject to the provision of paragraph 3 of this clause, by written notice of default to the Center, terminate the whole or any part of this contract in anyone of the following circumstances: (a) if the Center fails to perform the work called for by this contract within the time specified herein or any extension thereof; or (b) if the Center fails to perform any of the other provisions of this contract, or so fails to prosecute the work as to endanger performance of this contract in accordance with its terms, and in either of these two circumstances does not cure such failure within a period of ten days (or such extension as authorized by the City in writing) after receiving notice of default. 2. Upon such termination of the contract by City, City may procure, upon such terms as appropriate, work similar to the work so terminated, and the Center shall be liable to the City for any excess costs for such similar work; provided that the Center shall continue the performance of this contract to the extent not terminated under this clause. 3. Except with respect to defaults of subcontractors, the Center shall not be liable for any excess costs if the failure to perform the contract arises out of causes beyond the control and without the fault or negligence of the contractor. If the failure to perform is caused by the default of a subcontractor, and arising out of causes beyond the control of both the Center and subcontractor, and without the fault or negligence of either of them, the Center shall not be liable for any excess costs for failure to perform.