Contractor’s Duties Upon Termination. Upon receipt of a notice of termination for default or for convenience, Contractor shall, unless the notice directs otherwise, do the following:
(i) Immediately discontinue the Work to the extent specified in the notice;
(ii) Place no further orders or subcontracts for materials, equipment, services or facilities, except as may be necessary for completion of such portion of the Work that is not discontinued;
(iii) Provide to City a description in writing, no later than fifteen (15) days after receipt of the notice of termination, of all subcontracts, purchase orders and contracts that are outstanding, including, without limitation, the terms of the original price, any changes, payments, balance owing, the status of the portion of the Work covered and a copy of the subcontract, purchase order or contract and any written changes, amendments or modifications thereto, together with such other information as City may determine necessary in order to decide whether to accept assignment of or request Contractor to terminate the subcontract, purchase order or contract;
(iv) Promptly assign to City those subcontracts, purchase orders or contracts, or portions thereof, that City elects to accept by assignment and cancel, on the most favorable terms reasonably possible, all subcontracts, purchase orders or contracts, or portions thereof, that City does not elect to accept by assignment; and
(v) Thereafter do only such Work as may be necessary to preserve and protect Work already in progress and to protect materials, plants, and equipment on the Project Site or in transit thereto. Upon termination, whether for cause or for convenience, the provisions of the Contract Documents remain in effect as to any Claim, indemnity obligation, warranties, guarantees, submittals of as-built drawings, instructions, or manuals, or other such rights and obligations arising prior to the termination date.
Contractor’s Duties Upon Termination. If ComEd terminates this Agreement or a Purchase Order, as provided in this Article 17, Contractor shall immediately discontinue the Work, and ComEd shall be entitled to take possession of all or any part of the Material not owned by Contractor or delivered to ComEd; provided, that ComEd shall only be entitled to take possession of the Material then owned by Contractor upon full payment therefor and any other amounts owed under Section 17.4.2 if ComEd terminated for convenience. If requested by ComEd, Contractor shall make every reasonable effort to cancel any existing orders, Subcontracts and contracts specified by ComEd upon commercially reasonable terms satisfactory to ComEd. Contractor, upon request, shall also deliver and assign to ComEd where reasonably possible, and ComEd may at its discretion assume, any and all contracts, Subcontracts, purchase orders, and options made by Contractor in performance of the Work. Contractor shall deliver to ComEd true and correct originals thereof and all copies of the Contract Documents in Contractor’s possession except that Contractor may retain copies of all relevant documents for its own files, and all other materials relating to governmental permits, orders placed, bills, invoices, lien waivers, and financial management under this Agreement. Notwithstanding any termination, Contractor shall take such steps as are reasonably necessary to preserve and protect Work completed and in progress and to protect Material wherever it may be. No action taken by ComEd after termination shall prejudice any other rights or remedies of the Parties provided by law, by the Contract Documents, or otherwise upon such termination. Should ComEd’s termination of Contractor be partial, Contractor shall proceed to complete the portions of the Work, including Work pursuant to other Purchase Orders not terminated.
Contractor’s Duties Upon Termination. (a) Upon the termination of Contractor’s relationship with the Company, and during any period when Contractor anticipates such termination in the next 90 days, Contractor will use Contractor’s best efforts to preserve all relationships between the Company and Company Customers, and to transition all relationships with Company Customers to other personnel of the Company, as directed by the Company.
(b) In addition, upon the termination of Contractor’s relationship with the Company, Contractor will, within three (3) calendar days of the Termination Date:
(i) conduct a diligent search for any Confidential Information which may be in Contractor’s possession, custody, or control, whether at Company’s place of business, at Contractor’s home, on any of Contractor’s computers, phones, or electronic devices, or elsewhere;
(ii) return to the Company any Confidential Information in Contractor’s possession, custody, or control, and destroy any copies of Confidential Information (whether physical, electronic, or otherwise) that may be in Contractor’s possession, custody, or control which cannot be returned to the Company (e.g., data on Contractor’s personal computer, phone, or electronic devices);
(iii) return to the Company all Provided Equipment and any other property belonging to the Company; and
(iv) deliver to the Company a written confirmation, in a form reasonably requested by the Company and to be signed by Contractor, that Contractor has complied with paragraphs (a) and (b) above, including without limitation a specific confirmation that Contractor did not retain any particular Confidential Information that may be of particular interest to the Company.
(c) During the Restricted Period, Contractor shall refrain from making disparaging remarks about the Company or the Company’s employees, coaches, or other personnel, including without limitation through social media or electronic communications.
Contractor’s Duties Upon Termination. Contractor shall return the facilities in the same condition as provided, less fair and ordinary wear and tear. Contractor must remove all of its own fixtures and merchandise. If Contractor’s fixtures and merchandise are not removed within five (5) business days of termination, the NAFI may inventory and remove the fixtures and merchandise and place them in storage. The NAFI shall charge contractor the cost of removal and storage in a public warehouse. Contractor shall submit its claim for settlement costs to the NAFI no later than sixty (30) days after termination of the Agreement. Claims not received within sixty (30) days will not be considered by the NAFI.
Contractor’s Duties Upon Termination. Should Owner exercise any right afforded to it to terminate this Agreement, Contractor shall, unless otherwise directed by Owner: discontinue performance of the Work; promptly pay all subcontractors and materialmen and obtain waivers of lien rights therefrom; deliver and assign to Owner all of its right, title, and interest in and to the Work prepared, performed, or procured as of the date of termination; follow the instructions of Owner; and make every reasonable effort to procure, at the option of Owner, either (i) cancellation of all existing purchase orders and subcontracts on terms satisfactory to Owner, or (ii) an assignment to Owner of such orders and subcontracts identified by Owner.
