|
<br />him, to solicit or secure this Agreement, and that he has not paid or agreed to pay any person,
<br />company, corporation, individual or firm, other than a bona fide employee working solely for him,
<br />any fee, commission, perce ntage, gift, or other consideration contingent upon, or resulting from the
<br />award or the making of this Agreement. For breach or violation of this warranty, the CWCB shall
<br />have the right to terminate this Agreement without liability and, at its discretion, to deduct from the
<br />Agreement price, or otherwise recover the full amount of such fee, commission, percentage, or
<br />consideration.
<br />ARTICLE 6 . TERMINATION FOR DEFAULT
<br />Any breach of the terms and conditions of the Agreement by the Consultant shall, unless waiv ed by
<br />the CWCB in writing, constitute a default by the Consultant hereunder and the CWCB shall
<br />thereafter have no obligation to the Consultant, and may select any of the remedies available to the
<br />CWCB under law. In the event of default by the Consultant, the Agreement may be terminated
<br />upon seven (7) days written notice to the Consultant by the CWCB with copies filed with the State
<br />Controller.
<br />ARTICLE 7 . TERMINATION FOR CONVENIENCE
<br />
<br />The CWCB may, when the interests of the CWCB so require, terminate this Ag reement, in whole
<br />or in part, for the convenience of the CWCB. The CWCB shall give written notice of termination to
<br />the Consultant. The written notice shall specify the part(s) of the Agreement terminated. The
<br />written notice shall be given to the Consul tant no less than twenty (20) calendar days before the
<br />effective date of termination. If this Agreement is terminated for convenience, then all finished or
<br />unfinished data, documents, drawings, evaluations, hardware, maps, models, negatives,
<br />photographs, reports, software, studies, surveys, or any other material, medium or information,
<br />however constituted, which has been or is to be produced or prepared by the Consultant under
<br />this Agreement shall, at the option of the CWCB, become the property of the CWCB . The
<br />Consultant shall be entitled to receive just and equitable compensation for any services or
<br />supplies delivered to, and accepted by, the CWCB. This paragraph in no way implies that a party
<br />has breached this Agreement by the exercise of this paragrap h.
<br />ARTICLE 8 . REMEDIES
<br />
<br />In addition to any other remedies provided for in this contract, and without limiting its remedies
<br />otherwise available at law, the State may exercise the following remedial actions if the contractor
<br />substantially fails to satisfy or perform the duties and obligation in this contract. Substantial failure to
<br />satisfy the duties and obligations shall be defined to mean significant insufficient, incorrect or
<br />improper performance, activities, or inaction by contractor. These remedial actio ns are as follows:
<br />A. Suspend contractor's performance pending necessary corrective action as specified by the
<br />State without contractor’s entitlement to adjustment in price/cost or schedule; and/or
<br />B. Withhold payment to contractor until the necessary services o r corrections in performance
<br />are satisfactorily completed; and/or
<br />C. Request the removal from work on the contract of employees or agents of contractor whom
<br />the State justifies as being incompetent, careless, insubordinate, unsuitable, or otherwise
<br />unacceptab le, or whose continued employment on the contract the State deems to be
<br />contrary to the public interest or not in the best interest of the State; and/or
<br />D. Deny payment for those services or obligations which have not been performed and which
<br />due to circumsta nces caused by contractor cannot be performed, or if performed would be
<br />of no value to the State. Denial of the amount of payment must be reasonably related to the
<br />value of work or performance lost to the State.
<br />E. Terminate the contract for default.
<br />Page 2 of 16 Pages
<br />
|