Laserfiche WebLink
(b) The Principal Representative may take control of the work and either make good the <br /> deficiencies of the CONTRACTOR or direct the activities of the CONTRACTOR in doing so, <br /> employing such additional help as the Principal Representative deems advisable. In such <br /> event the Principal Representative shall be entitled to collect from the CONTRACTOR and <br /> his Surety, or to deduct from any payment then or thereafter due the CONTRACTOR, the <br /> costs incurred in having such deficiencies made good and any damages or expenses <br /> incurred through the default of the CONTRACTOR, provided the Principal Representative <br /> approves the amount thus charged to the CONTRACTOR. <br /> (c) The Principal Representative may require the Surety on the CONTRACTOR'S bond to take <br /> control of the work at once and see to it that all the deficiencies of the CONTRACTOR are <br /> made good, with due diligence. As between the Principal Representative and the Surety, <br /> the cost of making good such deficiencies shall all be borne by the Surety. If the Surety <br /> takes over the work, either upon termination of the services of the CONTRACTOR or upon <br /> instructions from the Principal Representative to do so, the provisions of the Contract <br /> Documents shall govern in respect of the work done by the Surety, the Surety being <br /> substituted for the CONTRACTOR as to such provisions, including provisions as to <br /> payment for the work and provisions of this Article as to the right of the Principal <br /> Representative to do the work or take control of the work. <br /> Article 43. TERMINATION FOR CONVENIENCE OF STATE <br /> (a) The performance of work under this Contract may be terminated, in whole or from time to <br /> time in part, by the State whenever for any reason the Principal Representative shall <br /> determine that such termination is in the best interest of the State. Termination of work <br /> hereunder shall be effected by delivery to the CONTRACTOR of a Notice of Termination <br /> specifying the extent to which performance of work under the Contract is terminated and <br /> the date upon which such termination becomes effective. <br /> (b) After receipt of the Notice of Termination the CONTRACTOR shall cancel his outstanding <br /> commitments hereunder covering the procurement of materials, supplies, equipment and <br /> miscellaneous items. In addition, the CONTRACTOR shall exercise all reasonable <br /> diligence to accomplish the cancellation or diversion of his outstanding commitments <br /> covering personal services and extending beyond the date of such termination to the extent <br /> that they relate to the performance of any work terminated by the Notice. With respect to <br /> such canceled commitments the CONTRACTOR agrees to: <br /> (1) settle all outstanding liabilities and all claims arising out of such cancellation of <br /> commitments, with approval or ratification of the Principal Representative, to the <br /> extent he may require, which approval or ratification shall be final for all purposes of <br /> this clause, and <br /> (2) assign to the State, in the manner, at the time, and to the extent directed by the <br /> Principal Representative, all of the right, title, and interest of the CONTRACTOR <br /> under the orders and subcontracts so terminated, in which case the State shall have <br /> the right, in its discretion, to settle or pay any or all claims arising out of the <br /> termination of such orders and subcontracts. <br /> Colorado Division of Reclamation, Mining and Safety <br /> Page 16 of 21 Pages <br /> Revised: 9/17/2019 <br />