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
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
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
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