11.07.2015 Views

Asphalt Overlay of CDC Roads - Clark Freeport Zone

Asphalt Overlay of CDC Roads - Clark Freeport Zone

Asphalt Overlay of CDC Roads - Clark Freeport Zone

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

17. Termination for Default <strong>of</strong> Procuring Entity17.1. The Contractor may terminate this Contract with the Procuring Entity ifthe works are completely stopped for a continuous period <strong>of</strong> at leastsixty (60) calendar days through no fault <strong>of</strong> its own, due to any <strong>of</strong> thefollowing reasons:(a)(b)Failure <strong>of</strong> the Procuring Entity to deliver, within a reasonabletime, supplies, materials, right-<strong>of</strong>-way, or other items it isobligated to furnish under the terms <strong>of</strong> this Contract; orThe prosecution <strong>of</strong> the Work is disrupted by the adverse peaceand order situation, as certified by the Armed Forces <strong>of</strong> thePhilippines Provincial Commander and approved by theSecretary <strong>of</strong> National Defense.18. Termination for Other Causes18.1. The Procuring Entity may terminate this Contract, in whole or in part,at any time for its convenience. The Head <strong>of</strong> the Procuring Entity mayterminate this Contract for the convenience <strong>of</strong> the Procuring Entity ifhe has determined the existence <strong>of</strong> conditions that make ProjectImplementation economically, financially or technically impracticaland/or unnecessary, such as, but not limited to, fortuitous event(s) orchanges in law and National Government policies.18.2. The Procuring Entity or the Contractor may terminate this Contract ifthe other party causes a fundamental breach <strong>of</strong> this Contract.18.3. Fundamental breaches <strong>of</strong> Contract shall include, but shall not belimited to, the following:(a)(b)The Contractor stops work for twenty eight (28) days when nostoppage <strong>of</strong> work is shown on the current Program <strong>of</strong> Work andthe stoppage has not been authorized by the Procuring Entity’sRepresentative;The Procuring Entity’s Representative instructs the Contractor todelay the progress <strong>of</strong> the Works, and the instruction is notwithdrawn within twenty eight (28) days;(c)The Procuring Entity shall terminate this Contract if theContractor is declared bankrupt or insolvent as determined withfinality by a court <strong>of</strong> competent jurisdiction. In this event,termination will be without compensation to the Contractor,provided that such termination will not prejudice or affect anyright <strong>of</strong> action or remedy which has accrued or will accruethereafter to the Procuring Entity and/or the Contractor. In thecase <strong>of</strong> the Contractor's insolvency, any Contractor's Equipment<strong>Clark</strong> Development Corporation56Section IV General Conditions <strong>of</strong> the Contract<strong>Asphalt</strong> <strong>Overlay</strong> <strong>of</strong> <strong>CDC</strong> <strong>Roads</strong>

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!