Common use of Effect of Later Determination Clause in Contracts

Effect of Later Determination. In the event the parties agree or a court of competent jurisdiction determines (or the parties agree to settle with a consent determination) that a default is wrongful or not the fault of the Contractor, the termination shall be considered to be a Termination for Convenience and the sole remedy available to the Contractor shall be the contractual treatment of the termination as termination for convenience pursuant to Section 23.0 above and without any other damages or relief.

Appears in 101 contracts

Samples: Contract for Goods and/or Services, Contract for Goods and/or Services, Contract for Goods and/or Services

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Effect of Later Determination. In the event the parties agree or a court of competent jurisdiction determines (or the parties agree to settle with a consent determination) that a default is wrongful or not the fault of the Contractor, the termination shall be considered to be a Termination for Convenience and the sole remedy available to the Contractor shall be the contractual treatment of the termination as termination for convenience pursuant to Section 23.0 22.0 above and without any other damages or relief.

Appears in 66 contracts

Samples: Contract for Goods and/or Services, Contract for Goods and/or Services, Contract for Goods and/or Services

Effect of Later Determination. In the event the parties agree or a court of competent jurisdiction determines (or the parties agree to settle with a consent determination) that a default is wrongful or not the fault of the Contractor, the termination shall be considered to be a Termination for Convenience and the sole remedy available to the Contractor shall be the contractual treatment of the termination as termination for convenience pursuant to Section 23.0 Article 5.3.1 above and without any other damages or relief.

Appears in 60 contracts

Samples: Construction Contract, Construction Contract, Construction Contract

Effect of Later Determination. In the event the parties agree or a court of competent jurisdiction determines (or the parties agree to settle with a consent determination) that a default is wrongful or not the fault of the Contractor, the termination shall be considered to be a Termination for Convenience and the sole remedy available to the Contractor shall be the contractual treatment of the termination as termination for convenience pursuant to Section 23.0 Article 5.3.1 above and without any other damages or relief.

Appears in 13 contracts

Samples: Construction Contract, Construction Contract, Construction Contract

Effect of Later Determination. In the event the parties agree or a court of competent jurisdiction determines (or the parties agree to settle with a consent determination) that a default is wrongful or not the fault of the Contractor, the termination shall be considered to be a Termination for Convenience and the sole remedy available to the Contractor shall be the contractual treatment of the termination as termination for convenience pursuant to Section 23.0 above and without any other damages or relief.

Appears in 12 contracts

Samples: Contract for Goods and/or Services, Contract for Goods and/or Services, Contract for Goods and/or Services

Effect of Later Determination. In the event the parties agree or a court of competent jurisdiction determines (or the parties agree to settle with a consent determination) that a default is wrongful or not the fault of the Contractor, the termination shall be considered to be a Termination for Convenience and the sole remedy available to the Contractor shall be the contractual treatment of the termination as termination for convenience pursuant to Section 23.0 21.0 above and without any other damages or relief.

Appears in 11 contracts

Samples: Contract for Goods and/or Services, Contract for Goods and/or Services, Contract for Goods and/or Services

Effect of Later Determination. In the event the parties agree or a court of competent jurisdiction determines (or the parties agree to settle with a consent determination) that a default is wrongful or not the fault of the Contractor, the termination shall be considered to be a Termination for Convenience and the sole remedy available to the Contractor shall be the contractual treatment of the termination as termination for convenience pursuant to Section 23.0 56.0 above and without any other damages or relief.

Appears in 7 contracts

Samples: Commodity Processing Agreement, Contract for Goods and/or Services, Contract for Goods and/or Services

Effect of Later Determination. In the event the parties agree or a court of competent jurisdiction determines (or that the parties agree to settle with a consent determination) that a default is wrongful or Contractor did not breach this Agreement but was terminated by the fault District because of the Contractoran alleged breach of contract, the termination shall be considered to be a Termination termination for Convenience convenience and the sole remedy available to the Contractor shall be the contractual treatment of the termination as a termination for convenience pursuant to Section 23.0 above and without any other damages or relief.

Appears in 5 contracts

Samples: Fresh Produce School Nutrition (Annual Contract) Agreement, Food Products and Distribution Services Agreement, Large Kitchen Equipment Agreement

Effect of Later Determination. In the event the parties agree or a court of competent jurisdiction determines (or the parties agree to settle with a consent determination) that a default is wrongful or not the fault of the Contractor, the termination shall be considered to be a Termination for Convenience and the sole remedy available to the Contractor shall be the contractual treatment of the termination as termination for convenience pursuant to Section 23.0 32.0 above and without any other damages or relief.

Appears in 5 contracts

Samples: Contract for Goods and/or Services, Contract for Goods and/or Services, Contract for Goods and/or Services

Effect of Later Determination. In the event evet the parties agree or a court of competent jurisdiction determines (or that the parties agree to settle with a consent determination) that a default is wrongful or Contractor did not breach this Agreement but was terminated by the fault District because of the Contractoran alleged breach of contract, the termination shall be considered to be a Termination termination for Convenience convenience and the sole remedy available to the Contractor shall be the contractual treatment of the termination as a termination for convenience pursuant to Section 23.0 above and without any other damages or relief.

Appears in 4 contracts

Samples: Food Products and Distribution Services Agreement, Commodity Processing Agreement, Commodity Processing Beef Services Agreement

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Effect of Later Determination. In the event the parties agree or a court of competent jurisdiction determines (or the parties agree to settle with a consent determination) that a default is wrongful or not the fault of the Contractor, the termination shall be considered to be a Termination for Convenience and the sole remedy available to the Contractor shall be the contractual treatment of the termination as termination for convenience pursuant to Section 23.0 above and without any other damages or relief.Article

Appears in 3 contracts

Samples: Construction Contract, Construction Contract, Construction Contract

Effect of Later Determination. In the event the parties agree or a court of competent jurisdiction determines (or the parties agree to settle with a consent determination) that a default is wrongful or not the fault of the Contractor, the termination shall be considered to be a Termination for Convenience and the sole remedy available to the Contractor shall be the contractual treatment of the termination as termination for convenience pursuant to Section 23.0 25.0 above and without any other damages or relief.

Appears in 3 contracts

Samples: Contract for Goods and/or Services, Contract for Goods and/or Services, Contract for Goods and/or Services

Effect of Later Determination. In the event the parties agree agree, or a court of competent jurisdiction determines (or the parties agree to settle with a consent determination) that a default is wrongful or not the fault of the Contractor, the termination shall be considered to be a Termination for Convenience and the sole remedy available to the Contractor shall be the contractual treatment of the termination as termination for convenience pursuant to Section 23.0 above and without any other damages or relief.

Appears in 2 contracts

Samples: Contract for Goods and/or Services, Contract for Goods and/or Services

Effect of Later Determination. In the event the parties agree or a court of competent jurisdiction determines (or the parties agree to settle with a consent determination) that a default is wrongful or not the fault of the Contractor, the termination shall be considered to be a Termination for Convenience and the sole remedy available to the Contractor shall be the contractual treatment of the termination as termination for convenience pursuant to Section 23.0 5.3.1 above and without any other damages or relief.

Appears in 1 contract

Samples: Design Bid Build Construction Contract

Effect of Later Determination. In the event the parties agree or a court of competent jurisdiction determines (or the parties agree to settle with a consent determination) that a default is wrongful termination for cause by the District was in error or not the fault of the Contractor, the then termination shall be considered to be a Termination for Convenience and the sole remedy available to the Contractor shall be the contractual treatment of the termination as termination for convenience pursuant to Section 23.0 22.0 above and without any other damages or relief.

Appears in 1 contract

Samples: Contract for Goods and/or Services

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