2002-026 Ordinance - Laserfiche WebLink

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J UIV-b (-eMd bti ; 4d ? SECTI N XXV - DEFAULT AND BREACH UF CONTRACT Neglect or failure of the LPA to compty with any of the tenns, conditions, or provisions of this Agreement, including misrepresentation of fact, shall be an event of default, unless such failure or misrepresentation are the resuIt of natural disesiers, strikes, lockouts, acts of public enemies, insurrections, riats, epidemics, civil disturbances, explosions, oxders of an.y kind of gove*nments of the United States or State of Ohio or any of their departments or political subdivisions, or any other cause not reasanably within the LPA's contml. The LPA, however, shall remedy as soon as passible eacli cause preventing its compliance with this Agreemeizt. If notified by ODOT in writing that it is in violation of any of the terms, conditions, or provisions of this Agreement, and a default has occurred, the LPA shall have thirty days from the date af such notification to remedy the causes prevenring its compliance aad curing the default situation. Exgiration of t}xe tfiirty days and failure by the LPA to remedy the default, whetiier or not payment of funds has been fully or partially made, shall result in ODOT declining to make any further payments ta ttee LPA, termination of this Agreement by QDOT, and, pursuant to Article XV II of thi s Agreement, the requirement that tUe LPA shall repay to ODOT all of the funds disbursed to it under this Agreement. Upon a tennination of this Agreement by OD4T, ODOT shall conduct aaz inspection of the PROJECT to detcrmine whether or not the PROJECT has been completed to a degree acceptable to ODOT. If the PROJECT is not completed to a degree and condition acctptable to ODOT, then the FR4JEGT shall not be deemed to be completed in its entirety, and, pursuant to Article XVII of this Agreemsnt, the LPA shall repay to ODOT all the State Highway funds disbursed to it under this Agreement. The LPA, upon receiving a notice of termination from ODOT, shall cease wark on the terminated actividcs covereti under this Agreement, terminate all contracts and other agreeuients it has entered into relating to such covered activities, take all necessary and appropriate steps to limit d'1SbtuseluentS 8nd minimize any remaining costs, and furnish a report describing the status of PROJECT activities as of tha date of its receipt of notice of termination, 'including results accompIished aBd other matters as ODOT may require. No remedy herein conferred upon or reserved by ODOT is intended to be exclusive of any other available remedy, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreemeut or now or hereafter existing at law or in equity. No dclay or omission to exercise any right or option accruing to ODOT upon any default by the LPA shall impair any such right or option or shall be construed to be a waiver thereof, but any such right or option may be exercised from time to time and as o$en as may be deemed expedient by QDQT. Page 9 I?? t1-11?.,??,--?-.,??-"".._ "i, . .,