Common use of Consequences of Termination for Contractor’s default Clause in Contracts

Consequences of Termination for Contractor’s default. Upon termination of the Contract (or part of the Contract) by the Authority vis-à-vis the Contractor under Clause 16.1, the Contractor shall immediately cease all work and services, and if applicable, leave the Site, and submit all its Contractor’s Documents to the Authority. However, the Contractor shall use its best efforts to comply immediately with any reasonable instructions included in the notice of termination (a) for the assignment of any Subcontract, and (b) for the protection of life or property or for the safety of the Project. Upon receipt of a notice of termination and payment by the Authority of all amounts due to the Contractor under this Contract, the Contractor shall, to the extent legally possible and if Authority so requires, assign to Authority all its right, title and benefits (not obligations) under any subcontracts between it and its Subcontractors, including all warranties, performance guarantee or other continuing benefits arising under such subcontracts. After termination, the Authority may complete the Contractor’s Scope of Project and/or arrange for any other entities to do so. The Authority and these entities may then use any Contractor’s Documents and other documents made by or on behalf of the Contractor. The Authority shall then give notice that the Contractor's plant, machinery and other equipment (if any) will be released to the Contractor at or near the Site. The Contractor shall also promptly arrange for the removal of all its plant, machinery and other equipment (if any) form the Site at its own risk and cost. However, if the Contractor fails to make a payment due to the Authority under the Contract, these items may be sold by the Authority in order to recover its payment. Any balance of the proceeds shall then be paid to the Contractor. The Authority shall be entitled to invoke the Advance Guarantee and/or Performance Security or Performance Guarantee.

Appears in 4 contracts

Samples: Construction and Maintenance Contract, Construction and Maintenance Contract, Construction and Maintenance Contract

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Consequences of Termination for Contractor’s default. Upon termination of the Contract (or part of the Contract) by the Authority vis-à-vis the Contractor under Clause 16.1, the Contractor shall immediately cease all work and services, and if applicable, leave vacate the Site, and submit all its Contractor’s Documents and Approvals lying with it (to the extent possible under law),to the Authority. However, the Contractor shall use its best efforts to comply immediately with any reasonable instructions included in the notice of termination termination (a) for the assignment of any Subcontract, and (b) for the protection of life or property or for the safety of the Project. Upon receipt of a notice of termination and payment by the Authority of all amounts due to the Contractor within 60 (sixty) days of notice of termination, for the Scope of Work already completed under this the Contract, the Contractor shall, to the extent legally possible and if Authority so requires, assign to Authority all its right, title and benefits (not obligations) under any subcontracts between it and its Subcontractors, including all warranties, performance guarantee or other continuing benefits arising under such subcontracts. After termination, the Authority may complete the Contractor’s Scope of Project and/or arrange for any other entities to do so. The Authority and these entities may then use any Contractor’s Documents and other documents made by or on behalf of the Contractor. The Authority shall then give notice that the Contractor's plant, machinery and other equipment (if any) will be released to the Contractor at or near the Site. The Contractor shall also promptly arrange for the removal of all its plant, machinery and other equipment (if any) form the Site at its own risk and cost. However, if the Contractor fails to make a payment due to the Authority under the Contract, these items may be sold by the Authority in order to recover its payment. Any balance of the proceeds shall then be paid to the Contractor. The Authority shall be entitled to invoke the Advance Guarantee and/or Performance Security or Performance Guaranteefor recovering all losses incurred by it on account of termination of the Contract under this Clause 16.2 owing to Contractor’s default.

Appears in 2 contracts

Samples: Construction Contract, Construction Contract

Consequences of Termination for Contractor’s default. Upon termination of the Contract (or part of the Contract) by the Authority vis-à-vis the Contractor under Clause 16.1, the Contractor shall immediately cease all work and services, and if applicable, leave vacate the Site, and submit all its Contractor’s Documents and Applicable Permits lying with it (to the extent possible under law),to the Authority. However, the Contractor shall use its best efforts to comply immediately with any reasonable instructions included in the notice of termination termination (a) for the assignment of any Subcontract, and (b) for the protection of life or property or for the safety of the Project. Upon receipt of a notice of termination and payment by the Authority of all amounts due to the Contractor for the Scope of Work already completed under this the Contract, the Contractor shall, to the extent legally possible and if Authority so requires, assign to Authority all its right, title and benefits (not benefits(not obligations) under any subcontracts between it and its Subcontractors, including all warranties, performance guarantee or other continuing benefits arising under such subcontracts. After termination, the Authority may complete the Contractor’s Scope of Project and/or arrange for any other entities to do so. The Authority and these entities may then use any Contractor’s Documents and other documents made by or on behalf of the Contractor. The Authority shall then give notice that the Contractor's plant, machinery and other equipment (if any) will be released to the Contractor at or near the Site. The Contractor shall also promptly arrange for the removal of all its plant, machinery and other equipment (if any) form the Site at its own risk and cost. However, if the Contractor fails to make a payment due to the Authority under the Contract, these items may be sold by the Authority in order to recover its payment. Any balance of the proceeds shall then be paid to the Contractor. The Authority shall be entitled to invoke the Advance Guarantee and/or Performance Security or Performance GuaranteeGuarantee for recovering all losses incurred by it on account of Termination of the Contract under this Clause 16.2 owing to Contractor’s default.

Appears in 1 contract

Samples: Construction and Maintenance Contract

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Consequences of Termination for Contractor’s default. Upon termination of the Contract (or part of the Contract) by the Authority vis-à-vis the Contractor under Clause 16.1, the Contractor shall immediately cease all work and services, and if applicable, leave vacate the Site, and submit all its Contractor’s Documents and Approvals lying with it (to the extent possible under law), to the Authority. However, the Contractor shall use its best efforts to comply immediately with any reasonable instructions included in the notice of termination termination (a) for the assignment of any Subcontract, and (b) for the protection of life or property or for the safety of the Project. Upon receipt of a notice of termination and payment by the Authority of all amounts due to the Contractor within 60 (sixty) days of notice of termination, for the Scope of Work already completed under this the Contract, the Contractor shall, to the extent legally possible and if Authority so requires, assign to Authority all its right, title and benefits (not obligations) under any subcontracts between it and its Subcontractors, including all warranties, performance guarantee or other continuing benefits arising under such subcontracts. After termination, the Authority may complete the Contractor’s Scope of Project and/or arrange for any other entities to do so. The Authority and these entities may then use any Contractor’s Documents and other documents made by or on behalf of the Contractor. The Authority shall then give notice that the Contractor's plant, machinery and other equipment (if any) will be released to the Contractor at or near the Site. The Contractor shall also promptly arrange for the removal of all its plant, machinery and other equipment (if any) form the Site at its own risk and cost. However, if the Contractor fails to make a payment due to the Authority under the Contract, these items may be sold by the Authority in order to recover its payment. Any balance of the proceeds shall then be paid to the Contractor. The Authority shall be entitled to invoke the Advance Guarantee and/or Performance Security or Performance Guaranteefor recovering all losses incurred by it on account of termination of the Contract under this Clause 16.2 owing to Contractor’s default.

Appears in 1 contract

Samples: Construction Contract

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