WORLD TRADE CENTER - RESIDENTIAL APARTMENTS

NYC 9/11 Public Portal Document RYC-DEP Information For Bidders and Supply % Service Agreement (Rev. 11/93) H. The Contractor, <vithout just cause, reduces his working force to 2 number which, if maintamed, would jeopardize the timely performance of the contract, and fails or refuses to increase such working force when ordered to do so by the Commissioner; or I. | The work cannot be completed or is not completed within the time herein provided therefor or within the time to which such completion may have been extended or J. The Contractor abandons the work: or K. The Contractor is or has been willfully or in bad faith violating any of the 13.3 In the event the Commissioner terminates this Agreement m whole or in part as provided im section 13.2 above, the City may procure, upon such terms and in such manner deemed appropriate, supplies or services similar to those so terminated, and the Comtractor shall be liable to the City for any excess costs for such similar supplies or services provided that, the Contractor shall continue the performance of this Agreement to the extent not terminated thereby. 13.4 Before the Commissioner shall exercise his right to declare the Contractor in default by reason of the conditions set forth in Section 13.2 A, F, G, H, I, and K, he shall give the Contractor an opportunity to be heard, on two (2) days a written notice, at which hearing the Contractor may have a stenographer present provided, however, that a copy of such stenographic notes, if any, shall be furnished to the Commissioner. 13.5 Notwithstanding any other provisions of this Agreement, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of Contractor's defauh, and the City may withhold payments to the Contractor for the purpose of set off until such time as the exact amount of damages due to the City from the Contractor is determmed. 13.6 The provisions of the Agreement regarding confidentiality of formation shall remain in full force and effect followimg any termination. 13.7 The rights and remedies of the City provided in this article shall not be exclusive and are in addition to all other rights and remedies provided by law or under this Agreement. ARTICLE 14 - LEGAL FORUM 14.1 CHOICE OF LAW, CONSENT is N_AND This Agreement shall be deemed to be executed im the City of New York, regardiess of the domicile of the Contractor, and shall be governed by and construed in accordance with the laws of the State of New York. 40 NYC-WTC_000154171 —