N.J. Admin. Code § 19:9-2.4

Current through Register Vol. 56, No. 11, June 3, 2024
Section 19:9-2.4 - Termination of contract

A contract awarded to the successful bidder may be terminated by the Authority at any time for any lawful reason, including, but not limited to, inadequate or improper performance, or for breach of any terms, conditions, or obligations of the contract, as determined by the Authority, or if the vendor shall make an assignment for the benefit of creditors, or file a voluntary petition in bankruptcy, or if an involuntary petition in bankruptcy is filed against the vendor and the act of bankruptcy therein alleged is not denied by the vendor, or the vendor, or an owner of more than 10 percent of the vendor, is indicted by a Federal or state grand jury. Upon termination, the Authority shall be liable only for payment of goods or services properly performed in accordance with the contract. The Authority shall have the right to purchase non-delivered goods to replace defective goods and services on the open market and hold the vendor liable for the difference between the price set forth in the contract for such goods or services and the prices paid on the open market. Further, the Authority reserves the right to terminate any contract entered into provided written notice has been given to the contractor at least 15 days prior to such proposed termination date. In addition, the Authority shall have the right, without the necessity of court proceedings, to recover all equipment, material, or supplies that are the property of the Authority and have been entrusted with the vendor to be used in the performance of said contract. Nothing in this section is intended to limit the Authority's right to legally pursue all costs that exceed the amount due and owing the vendor under said contract. The list of remedies in this section is not exclusive.

N.J. Admin. Code § 19:9-2.4

Amended by 49 N.J.R. 3236(b), effective 9/18/2017