Common use of Entitlements after Termination for Convenience by Contractor Clause in Contracts

Entitlements after Termination for Convenience by Contractor. If the Contractor terminates the Subcontract under clause 14.7, the Subcontractor: will be entitled to payment of the following amounts, as determined by the Contractor’s Representative: for work carried out prior to the date of termination, the amount which would have been payable if the Subcontract had not been terminated and the Subcontractor submitted a payment claim for work carried out to the date of termination; the cost of goods or materials reasonably ordered by the Subcontractor for the Subcontract Works for which the Subcontractor is legally bound to pay provided that: the value of the goods or materials is not included in the amount payable under subparagraph (i); and title in the goods and materials will vest in the Commonwealth upon payment by the Commonwealth to the Contractor under the Managing Contractor Contract in respect of those goods and materials; and the reasonable cost of removing from the Site all labour, Plant, Equipment and Work and other things used in the Subcontractor’s Activities; and must: take all steps possible to mitigate the costs referred to in paragraphs (a)(ii) and (a)(iii); and comply with clause 21.3 and, if clause 22 applies, clause 22.4 (including by handing over to the Contractor’s Representative copies of Project Documents prepared by the Subcontractor to the date of termination (whether complete or not)). The amounts to which the Subcontractor is entitled under clause 14.8 will be a limitation upon the Contractor’s liability to the Subcontractor arising out of or in connection with the termination of the Subcontract (whether under clause 14.7 or deemed to be under clause 14.7 through the operation of clause 14.6(a)(i)) and, to the extent permitted by law, the Subcontractor will not be entitled to make (nor will the Contractor be liable upon) any Claim arising out of or in connection with the termination of the Subcontract, other than for the amount payable under clause 14.8. Clause 14.8 will survive the termination of the Subcontract by the Contractor under clause 14.7 or by the Subcontractor following repudiation by the Contractor.

Entitlements after Termination for Convenience by Contractor. If the Contractor terminates the Subcontract under clause 14.714.5, the Subcontractor: will be entitled to payment of the following amounts, as determined by the Contractor’s Representative: for work carried out prior to the date of termination, the amount which would have been payable if the Subcontract had not been terminated and the Subcontractor submitted a payment claim for work carried out to the date of termination; the cost of goods or materials reasonably ordered by the Subcontractor for the Subcontract Works for which the Subcontractor is legally bound to pay provided that: the value of the goods or materials is not included in the amount payable under subparagraph (i); and title in the goods and materials will vest in the Commonwealth upon payment by the Commonwealth to the Contractor under the Managing Contractor Contract in respect of those goods and materials; and the reasonable cost of removing from the Site all labour, Plant, Equipment and Work and other things used in the Subcontractor’s Activities; and must: take all steps possible to mitigate the costs referred to in paragraphs (a)(ii) and (a)(iii); and comply with clause 21.3 and, if clause 22 applies, clause 22.4 (including by handing over to the Contractor’s Representative copies of Project Documents prepared by the Subcontractor to the date of termination (whether complete or not)). The amounts to which the Subcontractor is entitled under clause 14.8 14.6 will be a limitation upon the Contractor’s liability to the Subcontractor arising out of or in connection with the termination of the Subcontract (whether under clause 14.7 14.5 or deemed to be under clause 14.7 14.5 through the operation of clause 14.6(a)(i14.4(a)) and, to the extent permitted by law, the Subcontractor will not be entitled to make (nor will the Contractor be liable upon) any Claim arising out of or in connection with the termination of the Subcontract, other than for the amount payable under clause 14.814.6. Clause 14.8 14.6 will survive the termination of the Subcontract by the Contractor under clause 14.7 14.5 or by the Subcontractor following repudiation by the Contractor.

Entitlements after Termination for Convenience by Contractor. If the Contractor terminates the Subcontract under clause 14.7, the Subcontractor: will be entitled to payment of the following amounts, as determined by the Contractor’s Representative: for work carried out prior to the date of termination, the amount which would have been payable if the Subcontract had not been terminated and the Subcontractor submitted a payment claim for work carried out to the date of termination; the cost of goods or materials reasonably ordered by the Subcontractor for the Subcontract Works for which the Subcontractor is legally bound to pay provided that: the value of the goods or materials is not included in the amount payable under subparagraph (i); and title in the goods and materials will vest in the Commonwealth upon payment by the Commonwealth to the Contractor under the Managing Contractor Contract in respect of those goods and materials; and the reasonable cost of removing from the Site all labour, Plant, Equipment and Work and other things used in the Subcontractor’s Activities; and must: take all steps possible to mitigate the costs referred to in paragraphs (a)(ii) and (a)(iii); and comply with clause 21.3 20.3 and, if clause 22 21 applies, clause 22.4 21.4 (including by handing over to the Contractor’s Representative copies of Project Documents prepared by the Subcontractor to the date of termination (whether complete or not)). The amounts to which the Subcontractor is entitled under clause 14.8 will be a limitation upon the Contractor’s liability to the Subcontractor arising out of or in connection with the termination of the Subcontract (whether under clause 14.7 or deemed to be under clause 14.7 through the operation of clause 14.6(a)(i)) and, to the extent permitted by law, the Subcontractor will not be entitled to make (nor will the Contractor be liable upon) any Claim arising out of or in connection with the termination of the Subcontract, other than for the amount payable under clause 14.8. Clause 14.8 will survive the termination of the Subcontract by the Contractor under clause 14.7 or by the Subcontractor following repudiation by the Contractor.

Entitlements after Termination for Convenience by Contractor. If the Contractor terminates the Subcontract under clause 14.714.5, the Subcontractor: will be entitled to payment of the following amounts, as determined by the Contractor’s Representative: for work carried out prior to the date of termination, the amount which would have been payable if the Subcontract had not been terminated and the Subcontractor submitted a payment claim for work carried out to the date of termination; the cost of goods or materials reasonably ordered by the Subcontractor for the Subcontract Works for which the Subcontractor is legally bound to pay provided that: the value of the goods or materials is not included in the amount payable under subparagraph (i); and title in the goods and materials will vest in the Commonwealth upon payment by the Commonwealth to the Contractor under the Managing Contractor Contract in respect of those goods and materials; and the reasonable cost of removing from the Site all labour, Plant, Equipment and Work and other things used in the Subcontractor’s Activities; and must: take all steps possible to mitigate the costs referred to in paragraphs (a)(ii) and (a)(iii); and comply with clause 21.3 20.3 and, if clause 22 21 applies, clause 22.4 21.4 (including by handing over to the Contractor’s Representative copies of Project Documents prepared by the Subcontractor to the date of termination (whether complete or not)). The amounts to which the Subcontractor is entitled under clause 14.8 14.6 will be a limitation upon the Contractor’s liability to the Subcontractor arising out of or in connection with the termination of the Subcontract (whether under clause 14.7 14.5 or deemed to be under clause 14.7 14.5 through the operation of clause 14.6(a)(i14.4(a)) and, to the extent permitted by law, the Subcontractor will not be entitled to make (nor will the Contractor be liable upon) any Claim claim (whether under the Subcontract or otherwise at law or in equity) arising out of or in connection with the termination of the Subcontract, other than for the amount payable under clause 14.814.6. Clause 14.8 14.6 will survive the termination of the Subcontract by the Contractor under clause 14.7 14.5 or by the Subcontractor following repudiation by the Contractor.

Entitlements after Termination for Convenience by Contractor. If the Contractor terminates the Subcontract under clause 14.7, the Subcontractor: will be entitled to payment of the following amounts, as determined by the Contractor’s Representative: for work carried out prior to the date of termination, the amount which would have been payable if the Subcontract had not been terminated and the Subcontractor submitted a payment claim for work carried out to the date of termination; the cost of goods or materials reasonably ordered by the Subcontractor for the Subcontract Works for which the Subcontractor is legally bound to pay provided that: the value of the goods or materials is not included in the amount payable under subparagraph (i); and title in the goods and materials will vest in the Commonwealth upon payment by the Commonwealth to the Contractor under the Managing Contractor Contract in respect of those goods and materials; and the reasonable cost of removing from the Site all labour, Plant, Equipment and Work and other things used in the Subcontractor’s Activities; and must: take all steps possible to mitigate the costs referred to in paragraphs (a)(ii) and (a)(iii); and comply with clause 21.3 and, if clause 22 applies, clause 22.4 (including by handing over to the Contractor’s Representative copies of Project Documents prepared by the Subcontractor to the date of termination (whether complete or not)). The amounts to which the Subcontractor is entitled under clause 14.8 will be a limitation upon the Contractor’s liability to the Subcontractor arising out of or in connection with the termination of the Subcontract (whether under clause 14.7 or deemed to be under clause 14.7 through the operation of clause 14.6(a)(i14.6(a)) and, to the extent permitted by law, the Subcontractor will not be entitled to make (nor will the Contractor be liable upon) any Claim arising out of or in connection with the termination of the Subcontract, other than for the amount payable under clause 14.8. Clause 14.8 will survive the termination of the Subcontract by the Contractor under clause 14.7 or by the Subcontractor following repudiation by the Contractor.