WORLD TRADE CENTER - RESIDENTIAL APARTMENTS

NYC 9/11 Public Portal Document

WYC—PEP Information For Bidders and Supply & Service Aqreegtent: (Rev. 11/93)

services performed prior to the effective date of the cancellation without further liability to the City.

13.1(b) The Contractor shall be entitled to apply to the Dqsartntent to have this Agreement terminated by said Dqsrtment by reason of any faxhtre in the performance of this Agreement (including any failure by the Connactor to make progress in the jxosecsdon of wmk hereunder which endazigers such perfcxmance). if such failure arise out of causes b^OTd the omurol and without die fault or negligence of the Contractor. Such causes m^ indude, but are not restricted to acts of God or of die puUic enemy, acts of the Government in eidier its sovereign o' contractual capacity, fires, flood, qudemics. quarantine restricticats. strikes, freight embargoes, ex* any (Xher cause beymd the reasmxai^ oemtroi of the Ccmtractcx’. The detetminatiem that such failure arises out of causes Hpywnrf die control and widiont die fault ex negligence of die Contractor dxaU be made by die Dqsmnent which agrees to exenase

the Dqjartment pursuant to sudt tqjpiicatiaQ by die Contractor, such tenniaadan diall be deemed to be withoat cause.

n.ifc) All payments pursuant to this section 13.1 dxaU be accqjted by die Contractor in fiiQ saiisfactksi of all claims against die City arising out of terminatinn

13.2 The Contractor may be dedared in default by dns Agency and die Dqsartment may terminate die Agreement in whole ex in part Ity written notice to die Contractex for, but not limited to. the foUowing: A- The Contractor becexnes insolvent; or

B. The Ccmiractor makes an assignment for the benefit of creditors pursuant to die Statutes of the State of New York; ex

C. A voluntary or involuntary ,petition in bankruptcy be filed fay or against die Contractor; or

D. A receiver or receivers are appointed to take charge of die Contractor’s property or affairs; or

£. The Contractor sublets, assigns, transfers, conveys or otherwise disposes of this

F. The Contractor fails or refuses to proceed with die work when and as directed by the Administrator, or

G. The Contractor is or has been unnecessarily or unreasonably or willfully delaying

(i) the performance and conq^edon of the work, ex (li) die award of necessary subcontracts, or (iii) the placement of necessary material and equipment order; or

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