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Owner, acts of another Contractor in the performance of a Contract with the Owner, fires, <br />floods, epidemics, quarantine restrictions, strikes, freight embargoes, and abnormal and <br />unforeseeable weather. <br />SP-24. DEFAULT AND TERMINATION <br />A. State Specifications: Section 108.10 <br />B. Additions: <br />1. Events of Default shall include Contractor's failure to perform any of its obligations under this <br />contract including failure to commence work at the time specified, failure to perform the work in <br />accordance with these specifications, unauthorized discontinuation of the work, failure to carry out <br />the work in a manner acceptable to the Owner, failure to observe Federal, State, or local laws or <br />regulations, and failure to comply with any other term of this contract. <br />2. If an Event of Default occurs, the Owner 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 default is <br />not cured within the ten (10) day cure period, the Owner may at any time thereafter terminate this <br />contract in which case the termination shall be final and effective. <br />Upon an Event of Default, the Owner may invoke the following remedies in addition to those <br />remedies provided under separate provisions of this contract, the right of set-off against any <br />payments due or to become due to the Contractor against the retainage, the right to take over and <br />complete the Work. If the Owner notifies Contractor that Owner is invoking its right to complete <br />the Work, all rights that the Contractor has in order under Contractor's subcontracts are assigned <br />to the Owner, subject to the Owner's right to take assignment of all or only selected subcontracts <br />at the Owner's discretion. The sole obligation accepted by the Owner under such subcontracts is to <br />pay for Work satisfactorily performed after the date of the assignment. In the event a conditional <br />assignment has not been executed, the Contractor shall execute or cause to be executed any <br />assignment, agreement, or other document that may be necessary in the sole opinion of legal <br />counsel to the Owner to evidence compliance with this provision. The Contractor shall promptly <br />deliver such documents upon the Owner's request. In the case of such assignment, unless <br />otherwise agreed in writing, The Contractor remains liability to subcontractors for any payment <br />already involved, and for any claim, suit or cause of action based upon or resulting from any error, <br />omission, negligence or other breach of contract by the Contractor, its officers, employees, or <br />agents arising prior to the date of assignment to the Owner. <br />SP-25. RETAINAGE AND FINAL PAYMENT <br />A. State Specifications: Section 109 <br />B. Additions: <br />1. Payments will be made every thirty (30) calendar days. <br />2. Consistent with provisions of IC 36-1-12-14, the Board of Public Works shall retain a percentage <br />of payments throughout the duration of the project. <br />3. Before final payment and retainage are released the Contractor must satisfy the following: <br />a. All parts and labor meet requirements stated in the specifications. <br />b. Provide copies of test reports or cut sheets on all materials supplied. <br />c. Provide As -Built drawings in accordance with the City of South Bend Prevailing <br />Specifications for Public Works. <br />d. One (1) copy of the City of South Bend Completion Affidavit and one (1) copy of a Final <br />Version 7/01/2018 Special Provisions - 9 <br />