Contractor Termination for Cause. Contractor acknowledges that disputes regarding payments and Change Orders may occur as part of Contractor process, and that Owner’s declining to pay disputed amounts shall not be grounds for suspension of the Work or termination for cause by Contractor. If Contractor terminates the Contract for Owner’s material breach, the amount to be paid to Contractor shall not exceed the amount Contractor would have been entitled to receive under Article 13 above through termination and demobilization from the Project, with Contractor Fee prorated based on the actual Cost of the Work through the date of termination.
Contractor Termination for Cause. Upon the occurrence and during the continuation of any CarbonFree Event of Default hereunder, Contractor may terminate the applicable Work Authorization upon thirty (30) days’ prior written notice following any CarbonFree Event of Default (a “Contractor Termination for Cause”). In the event of a Contractor Termination for Cause, Contractor will be entitled to payment for all Work completed prior to the termination date.
Contractor Termination for Cause. A Contractor Termination for Cause shall be effective upon delivery of Contractor’s notice with respect thereto. In the event of a termination by Contractor of this agreement, Owner shall pay Contractor the Termination Payment within thirty (30) days of such notice of termination.
Contractor Termination for Cause. The Contractor may, by written notice to the District, terminate this PSA for cause as provided in this Section, but only if the District fails to cure the cause for termination after notice and opportunity to cure as provided in this Section. If the Contractor determines that cause for termination pursuant to this Section exists, the Contractor may provide written notice of default to the District. The District shall have twenty days after receipt of the notice of default to cure to the Contractor’s reasonable satisfaction the cause(s) for termination specified in the notice of default or to make other arrangements satisfactory to the Contractor in its sole discretion. If, within the required time, the District fails to cure the specified cause(s) for termination or make other arrangements satisfactory to the Contractor, the Contractor may provide a notice of termination, which shall be effective immediately. For purposes of this Section, cause for termination will exist only in the following situations: (i) for reasons other than the fault, negligence or willful misconduct of the Contractor or anyone providing services on behalf of the Contractor, the District has suspended the performance of the Preconstruction Services for at least ninety consecutive days and has not within such time provided notice to the Contractor to either resume the Preconstruction Services or to terminate this PSA; (ii) the District has failed, as required by this PSA, to pay or timely pay to the Contractor any substantial undisputed amount(s) due to the Contractor pursuant to this PSA; or (iii) the District has otherwise breached any of its material obligations pursuant to this PSA and such default has resulted in a direct, substantial and adverse impact on the Contractor. In the event of such termination for cause, the District shall compensate the Contractor for all Preconstruction Services satisfactorily completed prior to the effective date of the termination, and the District shall not be required to compensate the Contractor for any profits, overhead or other amounts attributable to any Preconstruction Services that the Contractor presumably would have performed if not for the termination.
Contractor Termination for Cause. In the event that Subcontractor materially breaches and defaults under this Subcontract or otherwise fails to make progress or otherwise takes action so as to endanger the timely and satisfactory completion of the services defined in this Subcontract or the Task Order, Contractor may terminate the Subcontract, in whole or in part, for default after providing Subcontractor with a cure notice providing Subcontractor ten (10) days to cure the default or breach. If Subcontractor fails to fully cure the breach or default within the aforementioned ten (10) day cure period, Contractor may terminate the Subcontract, in whole or in part, by written Termination Notice to Subcontractor. Upon issuance of the Termination Notice, Subcontractor shall stop all work immediately, and within ten (10) days of such receipt, deliver to Contractor any and all finished and unfinished work product along with any information or resources provided to Subcontractor by the Client or Contractor. In the event of a Termination for Cause, Subcontractor shall not be entitled to receive any further payments until the Work is completed. If, after the Work is completed, it is determined that the amount owed to Subcontractor under the Subcontract for Work satisfactorily completed and accepted prior to termination is greater than the total cost to Contractor to complete the Work, such excess amount shall be paid to Subcontractor. If the cost to complete the Work plus the amount previously paid to Subcontractor is greater than the Current Funded Subcontract Price, then Subcontractor shall pay Contractor such excess amount within five (5) days of receiving a demand from Contractor for such costs. If a termination for cause is later determined to be improper by a court of competent jurisdiction, then such termination shall be deemed a termination for convenience pursuant to this Article 8. In the event that a portion of the Subcontract is terminated for cause, Subcontractor shall continue to diligently perform any other Work under the Subcontract. IMPAQ International, LLC Page 6 Internal Contract #2537
Contractor Termination for Cause. Disputes regarding payments and Change Orders may occur as part of the CM/GC process, and City’s declining to pay disputed amounts will not be grounds for suspension of the Work or termination for cause by Contractor. If Contractor terminates this Contract for City’s material breach of this Contract, the amount to be paid to Contractor will not exceed the amount Contractor would have been entitled to receive under Article 13 above through the date of termination and demobilization from the Project, together with the CM/GC Fee, prorated based on the actual Cost of the Work and the percentage identified in Article 6.3.1, through the date of termination.
