IF THE OWNER TERMINATES THE WHOLE Sample Clauses

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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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 (1) THE REASONABLE COST INCURRED IN THE PERFORMANCE OF THE WORK TERMINATED, INCLUDING INITIAL COSTS AND PREPARATORY EXPENSE ALLOCABLE THERETO, BUT EXCLUSIVE OF ANY COSTS ATTRIBUTABLE TO SUPPLIES OR SERVICES PAID OR TO BE PAID FOR UNDER PARAGRAPHS 10.4.2.1 OR 10.4.2.2.(2); (2) THE REASONABLE COST OF SETTLING AND PAYING CLAIMS ARISING OUT OF THE TERMINATION OF WORK UNDER CONTRACTS, SUBCONTRACTS OR ORDERS, PURSUANT TO PARAGRAPH 10.5.1.5, WHICH ARE PROPERLY CHARGEABLE TO THE TERMINATED PORTION OF THE WORK (EXCLUSIVE OF AMOUNTS PAID OR PAYABLE ON ACCOUNT OF COMPLETED ITEMS OF EQUIPMENT DELIVERED OR SERVICES FURNISHED BY CONTRACTORS, SUBCONTRACTORS OR VENDORS PRIOR TO THE EFFECTIVE DATE OF THE NOTICE OF TERMINATION), WHICH AMOUNTS SHALL BE INCLUDED IN THE COSTS PAYABLE UNDER (1) ABOVE; AND (3) THE REASONABLE COSTS OF SETTLEMENT, INCLUDING ACCOUNTING, CLERICAL AND OTHER EXPENSES REASONABLY NECESSARY FOR THE PREPARATION OF SETTLEMENT CLAIMS AND SUPPORTING DATA WITH RESPECT TO THE TERMINATED PORTION OF THE WORK AND FOR THE TERMINATION AND SETTLEMENT OF SUBCONTRACTS THEREUNDER, TOGETHER WITH REASONABLE STORAGE, TRANSPORTATION AND OTHER COSTS INCURRED IN CONNECTION WITH THE PROTECTION OR DISPOSITION OF PROPERTY ALLOCABLE TO THE CONTRACT. .3 PROVIDED, HOWEVER, THAT NEITHER THE OWNER NOR THE DESIGN CONSULTANT WILL BE LIABLE FOR PAYMENTS TO CONTRACTORS OR SUBCONTRACTORS PURSUANT TO PARAGRAPH 10.4.2.2 UNLESS EACH CONTRACT OR SUBCONTRACT CONTAINS TERMINATION PROVISIONS IDENTICAL TO THOSE SET FORTH IN ARTICLE 10. THE OWNER AND THE DESIGN CONSULTANT WILL NOT BE LIABLE TO THE CM OR ANY OF THE CONTRACTORS OR SUBCONTRACTORS FOR ANY COSTS ASSOCIATED WITH TERMINATION IF THE CONTRACT OR SUBCONTRACT OF THE PARTY INVOLVED DOES NOT INCLUDE THE PROPER TERMINATION CLAUSES.
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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
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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.

  • Earlier Termination This Agreement may be terminated earlier as hereinafter provided.

  • Compensation in the Event of Termination In the event that the Executive’s employment hereunder terminates prior to the expiration of this Agreement for any reason provided in Section 5 hereof, the Company shall pay the Executive, compensation and provide the Executive and the Executive’s eligible dependents with benefits as follows:

  • Other Termination This Agreement may be terminated and the transactions contemplated hereby may be abandoned at any time prior to the Disaffiliation Date by either Party if: (a) prior to the Disaffiliation Date, there has been a material breach of any representation, warranty, covenant or agreement on the part of a Party set forth in this Agreement; provided, however, that, if such breach is curable by the breaching Party through the exercise of its commercially reasonable efforts and for so long as the breaching Party continues to exercise such commercially reasonable efforts (but in no event longer than thirty (30) days after the non-breaching Party’s written notification to the breaching Party of the occurrence of such breach), the non-breaching Party may not terminate this Agreement; or, (b) if all the conditions set forth in this Agreement have not been satisfied or waived on or before the Disaffiliation Date, unless such satisfaction has been frustrated or made impossible by any act or failure to act of non-breaching Party.

  • Termination After a Change in Control You will receive Severance Benefits under this Agreement if, during the Term of this Agreement and after a Change in Control has occurred, your employment is terminated by the Company without Cause (other than on account of your Disability or death) or you resign for Good Reason.

  • 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.

  • Termination Following a Change in Control (a) If the Executive's employment is terminated by the Company or any Subsidiary during the Severance Period, the Executive shall be entitled to the benefits provided by Section 4 unless such termination is the result of the occurrence of one or more of the following events: (i) The Executive's death; (ii) If the Executive becomes permanently disabled within the meaning of, and begins actually to receive disability benefits pursuant to, the long-term disability plan in effect for, or applicable to, Executive immediately prior to the Change in Control; or

  • 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.

  • Final Termination Unless terminated at an earlier date by mutual agreement of the parties hereto, this Agreement shall terminate upon the first to occur of the following: (a) the last Serviced Appointment is terminated, matured or expired under the terms of the applicable Serviced Corporate Trust Contract and all Trust Assets in respect thereof have been fully distributed, (b) the last Serviced Appointment is Transferred to the applicable Purchaser, (c) the applicable Seller has resigned from the last Serviced Appointment if permitted under Section 7.2 below or (d) the applicable Seller is removed from appointment or the applicable Seller’s appointment is terminated with respect to the last Serviced Appointment in accordance with this Agreement, the applicable Serviced Corporate Trust Contract or any other agreement between the parties hereto entered into on or prior to the date hereof. Upon termination of this Agreement in accordance with this Section 7.1, each party’s further rights and obligations hereunder, other than the provisions of Section 8 and Section 9, shall terminate and be of no further force and effect and no party shall have any liability hereunder, except that neither the Sellers nor the Purchasers shall be relieved or released from any liabilities or damages arising out of its breach of any provision of this Agreement prior to termination.

  • In the Event of Termination After receipt of a notice of termination, except as otherwise directed, the AGENCY shall: a. Remit to the COUNTY, within fourteen (14) calendar days, any advanced funds paid, prorated as of the date of termination. b. Stop working under this Contract on the date of receipt and to the extent specified in the notice of termination. c. Place no further orders or subcontracts to the extent that they relate to the performance of the work, which was terminated. d. Terminate all orders and subcontracts to the extent that they relate to the performance of the work, which was terminated. e. Handle all property as directed by the COUNTY. f. Finalize all necessary up to date reports and documents required under the terms of this Agreement up to the date of termination, up to and including the final expenditure report due at the end of the Contract, if any, without reimbursement beyond that due as of the date of termination for services rendered to the termination date. g. Take any other actions as directed in writing by the COUNTY.

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