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Contracts Other Than Federal -Aid FHWA 3 of 7
subcontractors should violate any of the provisions of this Contract,
the City may then serve written notice upon him and his surety of its
intention to terminate the Contract, and unless within ten (10) days
after the serving of such notice, such violation or non-compliance of
any provision of the Contract shall cease and satisfactory arrangement
for the correction thereof be made, this Contract. shall, upon the
expiration of said ten (10) day per4,)d, cease and terminate in every
respect. In the event of any such termination, the City shall immediately
serve written notice thereof upon the surety and ithe Contractor and the
surety shall have the right to take over and perform the Contract,
provided, �owever, that if the surety within fifteen (15) days after
the serving upon it of such notice of termination does not perform the
Contract or does not commence performance thereof within thirty (30)
days from the date of serving such notice, the City itself may take
over the work under the Contract and prosecute the sarne to completion
by Contract or by any other method it may deem advisable. for the
account and at the expense of the Contractor, and his surety shall be
liable to the City for any excess cost or other damages occasioned the
City thereby. In such event, the City, if it so elects. may, without
liability for so doing, take possession of and utilize in completing
said Contract such materials. machinery, appliances. equipment, plants
and other properties belonging to the Contractor as Yrzy be on site of
the project and useful therein.
4) The foregoing provisions are in addition to and not in limitation of
any other rights or remedies available to the City.