PSA Amendment 1 with Thorp SD - Laserfiche WebLink

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revising design already completed, revising calculations already performed,and revising documents. 13. Termination for Default: lf the contractor defaults by failing to perform any of the obligations of the Agreement orbecomes insolvent or is deilared Sankrupt or commits any act of bankruptcy or insolvencyor makes an assignment for the benefit or creoitors, ir't" bountv may, by depositing writtennotice to the contractor in the u.s. mail, postage piLparo, terminate the Agreement, and atthe county's option, obtain performance of ihe'work elsewhere. lf th; Agreement isterminated for default, the contractor shall not be entiileJ to receive any furlher paymentsunder the Agreement until all work called for has ou"n turry p.rrormeo.'A;; extra cost ordamage to the county resulting from such defaultlsy shari te deducted rrom any money dueor coming due to the contractor. The contractor iri"ri n""r any extra expenses incurred bythe County in completing the work, and atl oamage-.*iJn"o, or which may be sustainedby the County by reasonof such default. lf a notice of termination for default has been issued and it is later determined for any reasonthat the contractor was not in default, the rights ;il ;ilg;tions of the parties sha' be thesame as if the notice of termination had beei issueo prir"uunt to the Termination for publicConvenience paragraph hereof. 14. T ermination Public Conven nceThe County may terminate the Agreement in whole or in paft whenever the Countydetermines,in its sole discretion that such terminat on is in the best interests of the CountyV/henever the Ag reement is terminated in accorda nce with this pa ragraph, the Contractorshall be entifled to payment for actual work performed at unit contract prices for com pleteditems of work. ln the event of such termination, an equitable adj ustment shall be made inthe compensation payable to C ontractor An equitable adjustment in the contract price for partially completed items of work will bemade, but such adjustment shall not include provision toi ross or anticipaieo piorit on deletedor uncompleted work. Termination of this Agreement by the county at ani time during theterm' whether for default or conveniencer shall not constitute a breach oi contract by theCounty. 15. Defense & ln demnitv Aqreem ent: The Contractor agrees to and shall defend, indemnify and hord harmress the co unty, itsAdditional lnsureds,appointed and elective officers,agents and employees, from andagainst all loss or e xpense, including but not limited to judgments, settlements, atto rney'sfees and costs by re ason of any and allclaims and dem ands upon the County, its Ad ditionallnsureds, its ele cted or appointed officials,agents, or employees for dam ages because ofpersonal or bodily injury, including death at any time resulting therefrom,sustained by anyperson or persons and on account of d amage to propefty including loss of use thereof,whether such injury to persons or da mage to property is due to P rofes-s i onal S e rv i ces Ag ree me ni (r ev . Og I 24 I 20 1 B) Page I of 20 the negligence of the