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3. No extension of time will be granted if the Contractor, by his/her/its own action or inaction, <br />including fault or negligence of Contractor's subcontractors, caused the delay, or for which <br />any remedies are provided under any other provision of this agreement. <br />4. The grant of an extension of time under this Section in no way constitutes a waiver by the <br />City of any rights or remedies existing under this contract at law or in equity. <br />Xv. DEFAULT AND TERMINATION <br />A. Prevailing Specifications: 2018, INDOT Standard Specifications Section 108 <br />B. Additions: <br />1. Events of Default shall include Contractor's failure to perform any of its obligations under <br />this contract including failure to commence work at the time specified, failure to perform <br />the work in accordance with these specifications, unauthorized discontinuation of the work, <br />failure to carry out the work in a manner acceptable to the City, failure to observe Federal, <br />State, or the local laws or regulations, and failure to comply with any other term of this <br />contract. <br />2. -If an event of Default occurs, the City shall provide Contractor written notice and may permit <br />Contractor ten (10) calendar days after the date of the notice to cure the default. If the <br />default is not cured within the ten (10) day cure period, the City may at any time thereafter <br />terminate this contract in which case the termination shall be final and effective. <br />Upon an Event of Default, the City may invoke the following remedies in addition to those <br />remedies provided under separate provisions of this contract, the right of set-off against <br />any payments due or to become due to the Contractor against the retainage, the right to <br />take over and complete the Work. If the City notifies the Contractor that the City is invoking <br />its right to complete the Work, all rights that the Contractor has in order under Contractor's <br />subcontracts are assigned to the City, subject to the City's right to take assignment of all <br />or only selected subcontracts at the City's discretion. The sole obligation accepted by the <br />City under such subcontracts is to pay for Work satisfactorily performed after the date of <br />the assignment. In the event a conditional assignment has not been executed, the <br />Contractor shall execute or cause to be executed any assignment, agreement, or other <br />document that may be necessary in the sole opinion of legal counsel to the City's Board of <br />Public Works to evidence compliance with this provision. The Contractor shall promptly <br />deliver such documents upon the City's request. In the case of such assignment, unless <br />otherwise agreed in writing, the Contractor remains liable to subcontractors for any <br />payment already involved, and for any claim, suit or cause of action based upon or resulting <br />from any error, omission, negligence or other breach of contract by the Contractor, its <br />officers, employees, or agents arising prior to the date of assignment to the City. <br />XVI. LIQUIDATED DAMAGES <br />A. Prevailing Specifications: 2018, INDOT Standard Specifications Section 108 <br />B. Additions: <br />1. The Contractor shall proceed with the work at such rate of progress to insure full completion <br />within the Contract Time. It is expressly understood and agreed, by and between the <br />Contractor and the Owner, that the Contract Time for completion of the work described <br />herein is a reasonable time, taking into consideration the average climatic and economic <br />conditions and other factors prevailing in the locality of the work, and excludes the time for <br />unavoidable delays which were beyond the control and without the fault of the Contractor. <br />Version 8/16/2018 Special Provisions - 8 <br />