Laserfiche WebLink
Agreement Number: K1862 <br />Page 4 of 8 <br /> <br />b) In the event of the Contractor’s noncompliance or refusal to comply with any <br />nondiscrimination law, regulation, or policy, this Agreement may be rescinded, <br />canceled, or terminated in whole or in part, and the Contractor may be declared <br />ineligible under this Agreement. If that be deemed the situation, the Contractor will <br />not receive reimbursement for the capital project outlined in Exhibit A in the <br />amount identified in this Agreement. The Contractor shall, however, be given a <br />reasonable time in which to remedy any such noncompliance. Any dispute may be <br />resolved in accordance with the “Disputes” procedure set for forth in Section 21 of <br />this Agreement. <br /> <br />9. CONTRACT MODIFICATIONS <br /> <br />The Department and the Contractor may, from time to time, desire to make changes to <br />this Agreement. Any such changes that are mutually agreed upon by the Department <br />and the Contractor shall be incorporated herein by written amendment. It is mutually <br />agreed and understood that no alteration or variation of the terms of this contract shall <br />be valid unless made in writing and signed by the parties hereto prior to <br />implementation of the changes, and that any oral understanding or agreements not <br />incorporated herein shall not be binding. <br /> <br />10. TERMINATION OF AGREEMENT <br /> <br />a) If, through any cause, the Contractor shall fail to fulfill in a timely and proper <br />manner its obligations under this Agreement or if the Contractor shall violate any of <br />its covenants, agreements or stipulations of this Agreement, the Department shall <br />thereupon have the right to terminate this Agreement and deny reimbursement of <br />special assistance funds to the Contractor if such default or violation is not <br />corrected within twenty (20) days after the Department’s submitting written notice <br />to the Contractor describing such default or violation; Provided, that if more than <br />twenty (20) days are required to correct any such default or violation and the <br />Contractor has initiated appropriate corrective measures as reasonable <br />determined by the Department, the Department will not terminate this Agreement <br />for such default or violation. <br /> <br />b) In the event the Contractor is unable to complete the capital project prior to June <br />30, 2017, in accordance with the terms and conditions as outlined in this <br />Agreement, the Contractor will not receive reimbursement for the capital project <br />outlined in Exhibit A in the amount stated in this Agreement. <br /> <br />c) The Department has the right to terminate the Agreement by giving written notice <br />to the Contractor at least ten (10) days before the effective date of termination. If <br />this Agreement is so terminated, the Department is liable only for payments <br />required under the terms of this Agreement for work completed prior to <br />termination. <br /> <br />11. WAIVER <br /> <br />The Department’s failure to insist upon the strict performance of any provision of this <br />Agreement or to exercise any right based upon a breach thereof or the acceptance of <br />any performance during such breach, shall not constitute a waiver of any right under <br />this Agreement.