Bid Package 08 North Well Field - Garney Construction

11.04 Breach and Termination
A. Buyer’s Breach:
1. Buyer shall be deem ed in breach of the Contract if it fails to comply with any m aterial
provision of the Contract Documents, including but not limited to:
a. wrongful rejection or revocation of Buyer’s acceptance of the Goods,
b. failure to make payments in accordance with the Contract Documents, or
c. wrongful repudiation of the Contract.
2. Seller shall have the right to terminate the Contract for cause by declaring a breach
should Buyer fail to com ply with any m aterial provisions of the Contract. U pon
termination, Seller shall be entitled to all remedies provided by Laws and Regulations.
B. Seller’s Breach:
a. In the event Seller believes Buyer is in br each of its obligations under th e Contract,
Seller shall provide B uyer with reasonably prompt written notic e setting forth in
sufficient detail the reasons for d eclaring that it b elieves a breach h as occurred.
Buyer shall have seven days from receipt of the written no tice declaring the breach
(or such longer period of time as Seller may grant in writing) within which to cure or
to proceed diligently to cure such alleged breach.
1. Seller shall be deem ed in breach of the Contra ct if it fails to comply with any m aterial
provision of the Contract Documents, including, but not limited to:
a. failure to deliver the Goods or perform the Special Serv ices in accordance with the
Contract Documents,
b. wrongful repudiation of the Contract, or
c. delivery or furnishing of non-conforming Goods and Special Services.
2. Buyer may terminate Seller’s right to pe rform the Contract for cause by declaring a
breach should Seller fail to comply with any material provision of the Contract
Documents. Upon termination, Buyer shall be entitled to all rem edies provided by Laws
and Regulations.
a. In the event Buyer believes Seller is in br each of its obligations under th e Contract,
and except as provid ed in Paragraph 11.04.B.2.b, Buyer shall provide Seller with
reasonably prompt written notice s etting forth in suf ficient detail the reasons f or
declaring that it believes a breach h as occurred. Seller shall have seven days from
receipt of the writte n notice declaring the breach (or such longer period of tim e as
Buyer may grant in writing) within which to cure or to proceed diligently to cure such
alleged breach.
EJCDC P-700, Standard General Conditions for Procurement Contracts.
Copyright © 2010 National Society of Professional Engineers, American Council of Engineering Companies,
American Society of Civil Engineers, and Associated General Contractors of America. All rights reserved.
Page 00700-26