Eastern Contra Costa Transit Authority Contract ... - Tri Delta Transit

If any discrepancy or inconsistency is discovered in the contract documents of the work in
relation to any such requirements or laws, the contractor shall immediately report the same to
ECCTA.
If any part of these contract documents is declared invalid by a court of law, such decision will
not affect the validity of the remaining portion, which shall remain in full force and effect.
Contractor’s Indemnity
The contractor shall indemnify ECCTA, its directors, officers, agents, and employees against all
suits or claims that may be based on any injury to persons or property that may occur, or that
may be alleged to have occurred, in the course of the performance of the contract by the
contractor, whether or not it shall be claimed that the injury was caused through a negligent act
or omission of the contractor or its employees. The contractor shall, at its own expense, defend
any and all such actions and shall, at its own expense, pay all charges of attorneys and all costs
and other expenses arising from it or incurred in connection with it. If any judgment shall be
rendered against ECCTA in any such action the contractor shall, at its own expense, satisfy and
discharge the same.
Termination of Agreement
The agreement and all related obligations may be terminated at any time, with or without cause,
by ECCTA upon five (5) days written notice to the contractor. The contractor may terminate the
Agreement with a thirty (30) day written notice to ECCTA.
If the contractor fails to perform any of its material obligations under the agreement, in addition
to all other remedies provided by law, ECCTA may terminate the agreement immediately with a
written notice.
Upon termination with or without cause, all finished and unfinished documents, project data, and
reports shall, at the option of ECCTA, become its sole property and shall, at the contractor’s
expense, be delivered to ECCTA or to any party it may designate.
In the event the agreement terminates without cause, the contractor shall be entitled to any
compensation owing to it up to the time of the termination. Any payments are full compensation
for services rendered prior to the time of payment provided however that the contractor is
entitled to compensation for work in progress at the time of termination.
Termination for Force Majeure
The performance of work under this agreement may be terminated by ECCTA, in its discretion,
for unforeseen causes beyond the control and without the fault or negligence of the contractor,
including acts of God, acts of the public enemy, governmental acts, fires and epidemics, if such,
causes irrecoverably disruption or render impossible the contractor’s performance hereunder. An
“Act of God” shall mean an earthquake, flood, cyclone, or other cataclysmic phenomenon of
nature beyond the power of the contractor to foresee or make preparation in defense against.
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