RES 86272 - Laserfiche WebLink

7. Failure to Perform. In addition to any rights under Paragraph 2 to prosecute the work properly, if Contractor neglects or fails to perform any provisions of this Agreement, the City, after three (3) days written notice to the Contractor, may without prejudice to any other remedy it may have, make good such deficiencies and may deduct the. cost thereof from the payment then or thereafter due to the Contractor, provided, however, the Department of Public Works of said City shall approve such action and certify the amount thereof to be charged to the Contractor. In the event that any of the provisions of this Agreement are violated by the Contractor, the City may terminate the Agreement by serving written notice upon the Contractor of its intention to terminate such Agreement and, unless within ten (10) days after the serving of such notice, such violation shall cease, the Agreement shall, upon the expiration of said ten (10) days, cease and terminate. As to violations of the provisions of this Agreement which cannot be remedied or corrected within ten (10) days, said Agreement shall, at the option of the City, cease and terminate. As to violations of the provisions of this Agreement which cannot be remedied or corrected within ten (10) days, said Agreement shall, at the option of the City, cease and terminate upon the giving of like notice. In the event of such termination for any of the reasons above mentioned, the City may take over the work and prosecute the same to completion by Agreement or otherwise for the amount and at the expense of the Contractor. 8. Independent Contractor. It is expressly understood and agreed that the Contractor herein named in the furnishing of all labor, services, materials and equipment and performing the work as provided in this Agreement, is acting as an independent contractor and not as an agent, servant or employee of the City. As an independent contractor, Contractor's agents and employees shall be the sole responsibility of Contractor and shall not be deemed to fall within any of the personnel provisions governing City employees. It is further agreed that Contractor shall be solely responsible for insuring compliance with all laws governing its conduct and obligations to its employees, including the payment of compensation under the terms of the Fair Labor Standards Act. 9. Material Warranty and Delays Beyond Contractor's Control. Except for the manufacturer's factory warranty, the Contractor disclaims all warranties with respect to materials supplied hereunder, and further disclaims any and all liability for failure to perform or delay in performance hereunder where the same is due in whole or in part to any cause beyond Contractor's reasonable control, such as, but not limited to, fire, flood, earthquake, lightning, strike, or other labor difficulty. - 4 -