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LPA Consulting Contract - Coal Line Trail – Lochmueller Group, Inc.
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LPA Consulting Contract - Coal Line Trail – Lochmueller Group, Inc.
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11/29/2023 10:36:35 AM
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Board of Public Works
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Contracts
Document Date
11/28/2023
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Version 6-8-2017 <br />CITY OF SOUTH BEND PAGE 15 OF 17 123-3013-00H <br />35. Termination for Default. <br /> <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 /> <br />(i) the CONSULTANT fails to: <br /> <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 <br />to 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 /> <br />2. Deliver the supplies or perform the Services within the time specified in this <br />Contract or any amendment or extension. <br /> <br />3. Make progress so as to endanger performance of this Contract; or <br /> <br />4. Perform any of the other provisions of this Contract to be performed by the <br />CONSULTANT; or <br /> <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 /> <br />B. If the LPA terminates this Contract in whole or in part, it may acquire, under the terms and in <br />the manner the LPA considers appropriate, supplies or services similar to those terminated, and <br />the CONSULTANT will be liable to the LPA for any excess costs for those supplies or <br />services. However, the CONSULTANT shall continue the work not terminated. <br /> <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. <br />Failure to agree will be a dispute under the Disputes clause (see Section 13). The LPA may <br />withhold from the agreed upon price for Services any sum the LPA determine necessary to <br />protect the LPA against loss because of outstanding liens or claims of former lien holders. <br /> <br />D. The rights and remedies of the LPA in this clause are in addition to any other rights and <br />remedies provided by law or equity or under this Contract. <br /> <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 <br />from such notice to effect such cure if the LPA promptly commences and diligently pursues <br />such cure as soon as practicable. The CONSULTANT shall be compensated for Services <br />properly rendered prior to the effective date of such termination. The CONSULTANT agrees <br />that it has no right of termination for non-material breaches by the LPA. <br /> <br />36. Waiver of Rights. No rights conferred on either party under this Contract shall be deemed waived, <br />and no breach of this Contract excused, unless such waiver or excuse is approved in writing and <br />signed by the party claimed to have waived such right. Neither the LPA’s review, approval or <br />acceptance of, nor payment for, the Services required under this Contract shall be construed to operate <br />as a waiver of any rights under this Contract or of any cause of action arising out of the performance <br />of this Contract, and the CONSULTANT shall be and remain liable to the LPA in accordance with
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