IF THE OWNER TERMINATES THE WHOLE Sample Clauses

IF THE OWNER TERMINATES THE WHOLE. OR ANY PORTION OF THE WORK PURSUANT TO PARAGRAPH 10.2, THEN THE OWNER SHALL ONLY BE LIABLE TO THE CM FOR THOSE COSTS REIMBURSABLE TO THE CM IN ACCORDANCE WITH PARAGRAPH 10.4.2, PLUS A MARKUP OF TEN PERCENT FOR PROFIT AND OVERHEAD ON THE ACTUAL FULLY ACCOUNTED COSTS RECOVERED UNDER 10.4.2; PROVIDED HOWEVER, THAT IF THERE IS EVIDENCE THAT THE CM WOULD HAVE SUSTAINED A LOSS ON THE ENTIRE CONTRACT HAD IT BEEN COMPLETED, NO PROFIT SHALL BE INCLUDED OR ALLOWED HEREUNDER AND AN APPROPRIATE ADJUSTMENT SHALL BE MADE REDUCING THE AMOUNT OF THE SETTLEMENT TO REFLECT THE INDICATED RATE OF LOSS.
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IF THE OWNER TERMINATES THE WHOLE. OR ANY PORTION OF THE WORK PURSUANT TO PARAGRAPH 10.2, THE OWNER SHALL PAY THE CM THE AMOUNTS DETERMINED BY THE OWNER AS FOLLOWS: .1 AN AMOUNT FOR SUPPLIES, SERVICES, OR PROPERTY ACCEPTED BY THE OWNER PURSUANT TO PARAGRAPH 10.5.1.6 OR SOLD OR ACQUIRED PURSUANT TO PARAGRAPH 10.5.1.7 AND NOT HERETOFORE PAID FOR, AND TO THE EXTENT PROVIDED IN THE CONTRACT SUCH AMOUNT SHALL BE EQUIVALENT TO THE AGGREGATE PRICE FOR SUCH SUPPLIES OR SERVICES COMPUTED IN ACCORDANCE WITH THE PRICE OR PRICES SPECIFIED IN THE CONTRACT, APPROPRIATELY ADJUSTED FOR ANY SAVING OF FREIGHT OR OTHER CHARGES; AND .2 THE TOTAL OF:
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IF THE OWNER TERMINATES THE WHOLE. OR ANY PART OF THE WORK PURSUANT TO PARAGRAPH 10.3, THE OWNER MAY PROCURE, UPON SUCH TERMS AND IN SUCH MANNER AS THE OWNER MAY DEEM APPROPRIATE, SUPPLIES OR SERVICES SIMILAR TO THOSE SO TERMINATED, AND THE CM SHALL BE LIABLE TO THE OWNER FOR ANY EXCESS COSTS FOR SUCH SIMILAR SUPPLIES OR SERVICES. THE CM SHALL CONTINUE THE PERFORMANCE OF THE CONTRACT TO THE EXTENT NOT TERMINATED HEREUNDER.
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Related to IF THE OWNER TERMINATES THE WHOLE

  • Survives Termination The Contractor’s confidentiality obligation under the Contract shall survive termination of the Contract.

  • Other Termination If the Optionee’s employment terminates for any reason other than the Optionee’s death, the Optionee’s disability or Cause, and unless otherwise determined by the Administrator, any portion of this Stock Option outstanding on such date may be exercised, to the extent exercisable on the date of termination, for a period of three months from the date of termination or until the Expiration Date, if earlier. Any portion of this Stock Option that is not exercisable on the date of termination shall terminate immediately and be of no further force or effect. The Administrator’s determination of the reason for termination of the Optionee’s employment shall be conclusive and binding on the Optionee and his or her representatives or legatees.

  • Vendor’s Termination If TIPS fails to materially perform pursuant to the terms of this Agreement, Vendor shall provide written notice to TIPS specifying the default (“Notice of Default”). If TIPS does not cure such default within thirty (30) days, Vendor may terminate this Agreement, in whole or in part, for cause. If Vendor terminates this Agreement for cause, and it is later determined that the termination for cause was wrongful, the termination shall automatically be converted to and treated as a termination for convenience.

  • Early Contract Termination The State may terminate this contract in whole or in part by giving fifteen (15) days written notice to the Purchaser when it is in the best interests of the State. If this contract is so terminated, the State shall be liable only for the return of that portion of the initial deposit that is not required for payment, and the return of unapplied payments. The State shall not be liable for damages, whether direct or consequential.

  • In the Event of Termination After receipt of a notice of termination, except as otherwise directed, the AGENCY shall:

  • Termination Payment for Force Majeure Event 34.9.1 If Termination is on account of a Non-Political Event, the Authority shall make a Termination Payment to the Concessionaire in an amount equal to 90% (ninety per cent) of the Debt Due less Insurance Cover.

  • CFR PART 200 Termination Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be eff ected and the basis for settlement. (All contracts in excess of $10,000) Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members reserves the right to terminate any agreement in excess of $10,000 resulting from this procurement process for cause after giving the vendor an appropriate opportunity an d up to 30 days, to cure the causal breach of terms and conditions. ESC Region 8 and TIPS Members reserves the right to terminate any agreement in excess of $10,000 resulting from this procurement process for convenience with 30 days notice in writing to the awarded vendor. The vendor would be compensated for work performed and goods procured as of the termination date if for convenience of the ESC Region 8 and TIPS Members. Any award under this procurement process is not exclusive and the ESC Region 8 and TIPS reserves the right to purchase goods and services from other vendors when it is in the best interest of t he ESC Region 8 and TIPS. Does vendor agree? Yes

  • TERMINATION DUE TO CHANGE IN FUNDING ‌ 35 In the event funding from HCA, MCO, State, Federal, or other sources is withdrawn, reduced, or limited 36 in any way after the effective date of this Contract and prior to its normal completion, either party may 37 terminate this Contract subject to re-negotiations.

  • T ermination In the event that either party seeks to terminate this DPA, they may do so by mutual written consent and as long as any service agreement or terms of service, to the extent one exists, has lapsed or has been terminated. The LEA may terminate this DPA and any service agreement or contract with the Provider if the Provider breaches any terms of this DPA.

  • CFR PART 200 Termination Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000) Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members reserves the right to terminate any agreement in excess of $10,000 resulting from this procurement process for cause after giving the vendor an appropriate opportunity and up to 30 days, to cure the causal breach of terms and conditions. ESC Region 8 and TIPS Members reserves the right to terminate any agreement in excess of $10,000 resulting from this procurement process for convenience with 30 days notice in writing to the awarded vendor. The vendor would be compensated for work performed and goods procured as of the termination date if for convenience of the ESC Region 8 and TIPS Members. Any award under this procurement process is not exclusive and the ESC Region 8 and TIPS reserves the right to purchase goods and services from other vendors when it is in the best interest of the ESC Region 8 and TIPS. Does vendor agree? Yes

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