Actions Required of Contractor upon Termination. Upon receipt of a notice of termination from Owner or the issuance of a notice of termination by Contractor, Contractor shall:
(a) in an orderly manner and consistent with safety considerations, cease operations as directed by Owner in the notice;
(b) take actions necessary, or that Owner may direct, for the protection and preservation of the Work (wherever located); and
(c) except for Work directed to be performed prior to the effective date of termination stated in the notice, enter into no further contracts and purchase orders. Upon receipt of a notice of termination for convenience from Owner, a notice of termination for cause from Owner pursuant to Section 22.2, or a notice of termination from Owner or Contractor, as applicable, pursuant to Section 22.4, Contractor shall use commercially reasonable efforts for a commercially reasonable time to sell to a third party the Equipment for which Owner has made Milestone Payments or to cancel such Equipment orders. Contractor shall consult with Owner with respect to such sale or cancellation to determine which is the preferred course of action. If Contractor sells the Equipment to a third party, then the net sales price for the Equipment paid to Contractor shall be remitted to Owner when received by Contractor. If Contractor determines that it is able to use the Equipment for another customer, the price to be charged to the other customer for such Equipment shall be refunded to Owner as such payments are received from the other customer. If Equipment for which Owner has made Milestone Payments cannot be sold, cancelled or designated for another customer, then, at Owner's request, Contractor shall assign to Owner, and Owner shall assume, all rights and obligations under such Subcontract. Owner shall pay Contractor for such activities on Owner's behalf as follows: (i) for Westinghouse, its Recoverable Costs plus SGA and Pro Rata Profit on such costs and (ii) for Stone & Xxxxxxx, its costs and expenses on a Time and Materials Basis. In each instance under this Article 22 in which Termination Costs are due from Owner, such Termination Costs shall be determined following the performance of the undertakings of Contractor pursuant to this paragraph (other than the obligation to refund to Owner amounts received from a third party or another customer as provided above).
Actions Required of Contractor upon Termination. Upon receipt of a notice of termination from Owner or the issuance of a notice of termination by Contractor, Contractor shall:
(a) in an orderly manner and consistent with safety considerations, cease operations as directed by Owner in the notice;
(b) take actions necessary, or that Owner may direct, for the protection and preservation of the Work (wherever located); and
(c) except for Work directed to be performed prior to the effective date of termination stated in the notice, enter into no further contracts and purchase orders. [**]. [**].
Actions Required of Contractor upon Termination. Upon receipt of any Notice of termination from Owner or the issuance of any Notice of termination by Contractor under this Article 22, Contractor shall:
(a) in an orderly manner and consistent with safety considerations, cease performance of the Work;
(b) take actions reasonably necessary, in consultation with Owner, for the protection and preservation of the Work (wherever located);
(c) enter into no further contracts and purchase orders (except as necessary to accomplish Sections 22.6(a) and (b) above); and
(d) for Equipment that cannot be cancelled or for which significant cancellation penalties or fees would be incurred, use commercially reasonable efforts, in consultation with Owner, to sell or assign such Equipment to another customer of Contractor; provided, Owner shall pay Contractor for such activities on Owner’s behalf as follows: (i) for Westinghouse, its Direct Costs plus SGA and Pro Rata Profit on such costs and (ii) for Stone & Xxxxxxx, its costs and expenses on a Time and Materials Basis. In each instance under this Article 22 in which Termination Costs are due from Owner, Contactor shall not be required to perform the Work required by this Section 22.6 unless Owner has provided payment arrangements reasonably acceptable to Contractor.
