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PSA - Design of SRTS Around Kenney Academy Proj. No. 123-017 - DLZ Indiana, LLC
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PSA - Design of SRTS Around Kenney Academy Proj. No. 123-017 - DLZ Indiana, LLC
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4/25/2023 4:37:58 PM
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Board of Public Works
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Contracts
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4/25/2023
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Version 6-8-2017 <br />15 <br />B.If the LPA terminates or partially terminates this Contract for any reason regardless of whether it <br />is for convenience or for default, then and in such event, all data, reports, drawings, plans, <br />sketches, sections and models, all specifications, estimates, measurements and data pertaining to <br />the project, prepared under the terms or in fulfillment of this Contract, shall be delivered within <br />ten (10) days to the LPA. In the event of the failure by the CONSULTANT to make such delivery <br />upon demand, the CONSULTANT shall pay to the LPA any damage (including costs and <br />reasonable attorneys’ fees and expenses) it may sustain by reason thereof. <br />35.Termination for Default. <br />A.With the provision of twenty (20) days written notice to the CONSULTANT, the LPA may <br />terminate this Contract in whole or in part if <br />(i)the CONSULTANT fails to: <br />1.Correct or cure any breach of this Contract within such time, provided that if such <br />cure is not reasonably achievable in such time, the CONSULTANT shall have up to <br />ninety (90) days from such notice to effect such cure if the CONSULTANT <br />promptly commences and diligently pursues such cure as soon as practicable; <br />2.Deliver the supplies or perform the Services within the time specified in this <br />Contract or any amendment or extension; <br />3.Make progress so as to endanger performance of this Contract; or <br />4.Perform any of the other provisions of this Contract to be performed by the <br />CONSULTANT; or <br />(ii)if any representation or warranty of the CONSULTANT is untrue or inaccurate in any <br />material respect at the time made or deemed to be made. <br />B.If the LPA terminates this Contract in whole or in part, it may acquire, under the terms and in the <br />manner the LPA considers appropriate, supplies or services similar to those terminated, and the <br />CONSULTANT will be liable to the LPA for any excess costs for those supplies or services. <br />However, the CONSULTANT shall continue the work not terminated. <br />C.The LPA shall pay the contract price for completed supplies delivered and Services accepted. <br />The CONSULTANT and the LPA shall agree on the amount of payment for manufactured <br />materials delivered and accepted and for the protection and preservation of the property. Failure <br />to agree will be a dispute under the Disputes clause (see Section 13). The LPA may withhold <br />from the agreed upon price for Services any sum the LPA determine necessary to protect the LPA <br />against loss because of outstanding liens or claims of former lien holders. <br />D.The rights and remedies of the LPA in this clause are in addition to any other rights and remedies <br />provided by law or equity or under this Contract. <br />E.Default by the LPA. If the CONSULTANT believes the LPA is in default of this Contract, it <br />shall provide written notice immediately to the LPA describing such default. If the LPA fails to <br />take steps to correct or cure any material breach of this Contract within sixty (60) days after <br />receipt of such written notice, the CONSULTANT may cancel and terminate this Contract and <br />institute the appropriate measures to collect monies due up to and including the date of <br />termination, including reasonable attorney fees and expenses, provided that if such cure is not <br />reasonably achievable in such time, the LPA shall have up to one hundred twenty (120) days from <br />such notice to effect such cure if the LPA promptly commences and diligently pursues such cure <br />as soon as practicable. The CONSULTANT shall be compensated for Services properly rendered <br />prior to the effective date of such termination. The CONSULTANT agrees that it has no right of <br />termination for non-material breaches by the LPA.
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