Notification of Termination. 44.2.1. Upon the occurrence at Judicial Council's sole determination of any of the above conditions, Judicial Council may, without prejudice to any other right or remedy, serve written notice upon Contractor and its Surety of Judicial Council's termination of this Contract, the Contractor’s right to perform the work of the Contract, and/or Service Work Order under this Contract. The Judicial Council reserves the right to terminate specific Service Work Orders, without impact to this Contract or other Service Work Orders with Contractor under this Contract. This notice will contain the reasons for termination. Unless, within three (3) days after the service of the notice, any and all condition(s) shall cease, and any and all violation(s) shall cease, or arrangement satisfactory to Judicial Council for the correction of the condition(s) and/or violation(s) be made, this Contract and/or the Contractor’s right to perform the Work shall cease and terminate. Upon termination, Contractor shall not be entitled to receive any further payment until the entire Work is finished. 44.2.2. Upon termination, Judicial Council may immediately serve written notice of tender upon Surety whereby Surety shall have the right to takeover and perform this Contract only if Surety: 44.2.2.1. Within three (3) days after service upon it of the notice of tender, Surety gives Judicial Council written notice of Surety’s intention to takeover and perform this Contract; and 44.2.2.2. Commences performance of the Contract within seven (7) days from date of serving of its notice to Judicial Council. 44.2.3. If Surety fails to notify Judicial Council or begins performance as indicated herein, Judicial Council may takeover the Work and execute the Work to completion by any method it may deem advisable at the expense of Contractor and/or its Surety. Contractor and/or its Surety shall be liable to Judicial Council for any excess cost or other damages the Judicial Council incurs thereby. Time is of the essence in the Contract. If the Judicial Council takes over the Work as herein provided, Judicial Council may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plan, and other property belonging to Contractor as may be on the Site of the Work, in bonded storage, or previously paid for.
Appears in 5 contracts
Samples: Master Contract for Plumbing Construction Services, Master Contract for Plumbing Construction Services, Master Contract for Mechanical Construction Services
Notification of Termination. 44.2.1. Upon the occurrence at Judicial Council's sole determination of any of the above conditions, Judicial Council may, without prejudice to any other right or remedy, serve written notice upon Contractor and its Surety of Judicial Council's termination of this Contract, the Contractor’s right to perform the work of the Contract, and/or Service Work Order under this Contract. The Judicial Council reserves the right to terminate specific Service Work Orders, without impact to this Contract or other Service Work Orders with Contractor under this Contract. This notice will contain the reasons for termination. Unless, within three (3) days after the service of the notice, any and all condition(s) shall cease, and any and all violation(s) shall cease, or arrangement satisfactory to Judicial Council for the correction of the condition(s) and/or violation(s) be made, this Contract and/or the Contractor’s right to perform the Work shall cease and terminate. Upon termination, Contractor shall not be entitled to receive any further payment until the entire Work is finished.
44.2.2. Upon termination, Judicial Council may immediately serve written notice of tender upon Surety whereby Surety shall have the right to takeover and perform this Contract only if Surety:
44.2.2.1. Within three (3) days after service upon it of the notice of tender, Surety gives Judicial Council written notice of SuretyXxxxxx’s intention to takeover and perform this Contract; and
44.2.2.2. Commences performance of the Contract within seven (7) days from date of serving of its notice to Judicial Council.
44.2.3. If Surety fails to notify Judicial Council or begins performance as indicated herein, Judicial Council may takeover the Work and execute the Work to completion by any method it may deem advisable at the expense of Contractor and/or its Surety. Contractor and/or its Surety shall be liable to Judicial Council for any excess cost or other damages the Judicial Council incurs thereby. Time is of the essence in the Contract. If the Judicial Council takes over the Work as herein provided, Judicial Council may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plan, and other property belonging to Contractor as may be on the Site of the Work, in bonded storage, or previously paid for.
Appears in 2 contracts
Samples: Master Contract for Construction Services, Master Contract for Construction Services
Notification of Termination. 44.2.12.3.2.1. Upon the occurrence at Judicial Council's sole determination of any of the above conditionsgrounds, Judicial Council may, without prejudice to any other right or remedy, serve written notice upon Contractor CMR and its Surety of Judicial Council's termination of this Contract, Contract and/or the ContractorCMR’s right to perform the work of the Contract, and/or Service Work Order under this Contract. The Judicial Council reserves the right to terminate specific Service Work Orders, without impact to this Contract or other Service Work Orders with Contractor under this Contract. This notice will contain the reasons for termination. Unless, within three (3) days after the service of the notice, any and all condition(s) shall cease, and any and all violation(s) shall cease, or arrangement satisfactory to Judicial Council for the correction of the condition(s) and/or violation(s) be made, this Contract and/or the Contractor’s right to perform the Work shall cease and terminatesatisfactory
2.3.2.2. Upon termination, Contractor shall not be entitled to receive any further payment until the entire Work is finished.
44.2.2. Upon terminationtermination for cause, Judicial Council may immediately serve written notice of tender upon Surety whereby Surety shall have the right to takeover take over and perform this Contract only if Surety:
44.2.2.12.3.2.2.1. Within three (3) days after service upon it of the notice of tender, Surety gives Judicial Council written notice of Surety’s intention to takeover take over and perform this Contract; and
44.2.2.22.3.2.2.2. Commences performance of the this Contract within seven three (73) days from date of serving of its notice to Judicial Council.
44.2.32.3.2.2.3. If Surety fails to notify Judicial Council or begins begin performance as indicated herein, Judicial Council may takeover take over the Work and execute the Work to completion by any method it may deem advisable at the expense of Contractor CMR and/or its Surety. Contractor CMR and/or its Surety shall be liable to Judicial Council for any excess cost or other damages the Judicial Council incurs thereby. Time is of the essence in the this Contract. If the Judicial Council takes over the Work as herein provided, Judicial Council may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plan, and other property belonging to Contractor CMR as may be on the Site of the Work, in bonded storage, or previously paid for.
Appears in 1 contract
Samples: CMR Agreement for Preconstruction and Construction Phase Services
Notification of Termination. 44.2.1. Upon the occurrence at Judicial Council's sole determination of any of the above conditions, Judicial Council may, without prejudice to any other right or remedy, serve written notice upon Contractor and its Surety of Judicial Council's termination of this Contract, the Contractor’s right to perform the work of the Contract, and/or Service Work Order under this Contract. The Judicial Council reserves the right to terminate specific Service Work Orders, without impact to this Contract or other Service Work Orders with Contractor under this Contract. This notice will contain the reasons for termination. Unless, within three (3) days after the service of the notice, any and all condition(s) shall cease, and any and all violation(s) shall cease, or arrangement satisfactory to Judicial Council for the correction of the condition(s) and/or violation(s) be made, this Contract and/or the Contractor’s right to perform the Work shall cease and terminate. Upon termination, Contractor shall not be entitled to receive any further payment until the entire Work is finished.
44.2.2. Upon termination, Judicial Council may immediately serve written notice of tender upon Surety whereby Surety shall have the right to takeover and perform this Contract only if Surety:
44.2.2.1. : Within three (3) days after service upon it of the notice of tender, Surety gives Judicial Council written notice of SuretyXxxxxx’s intention to takeover and perform this Contract; and
44.2.2.2. and Commences performance of the Contract within seven (7) days from date of serving of its notice to Judicial Council.
44.2.3. If Surety fails to notify Judicial Council or begins performance as indicated herein, Judicial Council may takeover the Work and execute the Work to completion by any method it may deem advisable at the expense of Contractor and/or its Surety. Contractor and/or its Surety shall be liable to Judicial Council for any excess cost or other damages the Judicial Council incurs thereby. Time is of the essence in the Contract. If the Judicial Council takes over the Work as herein provided, Judicial Council may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plan, and other property belonging to Contractor as may be on the Site of the Work, in bonded storage, or previously paid for.
Appears in 1 contract
Samples: Master Contract for Electrical Construction Services
Notification of Termination. 44.2.12.3.2.1. Upon the occurrence at Judicial Council's sole determination of any of the above conditionsgrounds, Judicial Council may, without prejudice to any other right or remedy, serve written notice upon Contractor CMR and its Surety of Judicial Council's termination of this Contract, Contract and/or the ContractorCMR’s right to perform the work of the Contract, and/or Service Work Order under this Contract. The Judicial Council reserves the right to terminate specific Service Work Orders, without impact to this Contract or other Service Work Orders with Contractor under this Contract. This notice will contain the reasons for termination. Unless, within three (3) days after the service of the notice, any and all condition(s) shall cease, and any and all violation(s) shall cease, or arrangement satisfactory to Judicial Council for the correction of the condition(s) and/or violation(s) be made, this Contract and/or the Contractor’s right to perform the Work shall cease and terminatesatisfactory
2.3.2.2. Upon termination, Contractor shall not be entitled to receive any further payment until the entire Work is finished.
44.2.2. Upon terminationtermination for cause, Judicial Council may immediately serve written notice of tender upon Surety whereby Surety shall have the right to takeover take over and perform this Contract only if Surety:
44.2.2.12.3.2.2.1. Within three (3) days after service upon it of the notice of tender, Surety gives Judicial Council written notice of SuretyXxxxxx’s intention to takeover take over and perform this Contract; and
44.2.2.22.3.2.2.2. Commences performance of the this Contract within seven three (73) days from date of serving of its notice to Judicial Council.
44.2.32.3.2.2.3. If Surety fails to notify Judicial Council or begins begin performance as indicated herein, Judicial Council may takeover take over the Work and execute the Work to completion by any method it may deem advisable at the expense of Contractor CMR and/or its Surety. Contractor CMR and/or its Surety shall be liable to Judicial Council for any excess cost or other damages the Judicial Council incurs thereby. Time is of the essence in the this Contract. If the Judicial Council takes over the Work as herein provided, Judicial Council may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plan, and other property belonging to Contractor CMR as may be on the Site of the Work, in bonded storage, or previously paid for.
Appears in 1 contract
Samples: CMR Agreement for Preconstruction and Construction Phase Services
Notification of Termination. 44.2.12.3.2.1. Upon the occurrence at Judicial Council's sole determination of any of the above conditionsgrounds, Judicial Council may, without prejudice to any other right or remedy, serve written notice upon Contractor CMR and its Surety of Judicial Council's termination of this Contract, Contract and/or the ContractorCMR’s right to perform the work of the Contract, and/or Service Work Order under this Contract. The Judicial Council reserves the right to terminate specific Service Work Orders, without impact to this Contract or other Service Work Orders with Contractor under this Contract. This notice will contain the reasons for termination. Unless, within three (3) days after the service of the notice, any and all condition(s) shall cease, and any and all violation(s) shall cease, or arrangement satisfactory to Judicial Council for the correction of the condition(s) and/or violation(s) be made, this Contract and/or the Contractor’s right to perform the Work shall cease and terminate. Upon termination, Contractor CMR shall not be entitled to receive any further payment until the entire Work is finished.
44.2.22.3.2.2. Upon terminationtermination for cause, Judicial Council may immediately serve written notice of tender upon Surety whereby Surety shall have the right to takeover take over and perform this Contract only if Surety:
44.2.2.12.3.2.2.1. Within three (3) days after service upon it of the notice of tender, Surety gives Judicial Council written notice of Surety’s intention to takeover take over and perform this Contract; and
44.2.2.22.3.2.2.2. Commences performance of the this Contract within seven three (73) days from date of serving of its notice to Judicial Council.
44.2.32.3.2.2.3. If Surety fails to notify Judicial Council or begins begin performance as indicated herein, Judicial Council may takeover take over the Work and execute the Work to completion by any method it may deem advisable at the expense of Contractor CMR and/or its Surety. Contractor CMR and/or its Surety shall be liable to Judicial Council for any excess cost or other damages the Judicial Council incurs thereby. Time is of the essence in the this Contract. If the Judicial Council takes over the Work as herein provided, Judicial Council may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plan, and other property belonging to Contractor CMR as may be on the Site of the Work, in bonded storage, or previously paid for.
Appears in 1 contract
Samples: CMR Agreement for Preconstruction and Construction Phase Services
Notification of Termination. 44.2.142.2.1. Upon the occurrence at Judicial Council's ’s sole determination of any of circumstance giving rise to the above conditionsJudicial Council’s right of termination, Judicial Council may, without prejudice to any other right or remedy, serve written notice upon Contractor Contractor, and its Surety Surety, of the Judicial Council's ’s termination of this Contract, the Contractor’s right to perform the work of the ContractWork, and/or Service any Work Order under this Contract, or any portion thereof. The Judicial Council reserves the right to terminate specific Service Work Orders, without impact to this Contract or other Service Work Orders with Contractor under this Contract. This A notice of termination will contain the reasons for termination. Unless, within three (3) days Days after the service of the notice, any and all condition(s) shall cease, conditions and any and all violation(s) violations shall cease, or arrangement satisfactory to Judicial Council for the correction of the condition(s) and/or violation(s) conditions and violations be made, this Contract and/or the Contractor’s right to perform the Work shall cease and terminate. Upon termination, Contractor shall not be entitled to receive any further payment until the entire Work is finished.
44.2.242.2.2. Upon termination, Judicial Council may immediately serve written notice of tender upon Contractor’s Surety whereby its Surety shall have the right to takeover and perform this Contract the Work or Project at issue only if the Surety:
44.2.2.142.2.2.1. Within three (3) days Days after service upon it of the notice of tender, the Surety gives Judicial Council written notice of the Surety’s intention to takeover and perform this Contractthe Work or Project at issue; and
44.2.2.242.2.2.2. Commences performance of the Contract Work or Project at issue within seven (7) days Days from the date of serving of its the Surety’s notice to Judicial CouncilCouncil of its intention to so takeover.
44.2.342.2.3. If Surety fails to notify Judicial Council or begins performance as indicated herein, Judicial Council may takeover take over the Work and execute the Work to completion by any method it may deem advisable at the expense of Contractor and/or its Surety. Contractor and/or its Surety shall be liable to Judicial Council for any excess cost or other damages the Judicial Council incurs thereby. Time is of the essence in the Contract. If the Judicial Council takes over the Work as herein provided, Judicial Council may, without liability for so doing, take possession of and utilize in completing the Work such materials, equipment, appliances, planplans, supplies, and other property belonging to Contractor as may be on the Project Site of the Work, in bonded storage, or previously paid for.
Appears in 1 contract
Samples: Master Agreement
Notification of Termination. 44.2.142.2.1. Upon the occurrence at Judicial Council's sole determination of any of the above conditions, Judicial Council may, without prejudice to any other right or remedy, serve written notice upon Contractor Vendor and its Surety of Judicial Council's termination of this Contract, the ContractorVendor’s right to perform the work of the Contract, and/or Service Work Order under this Contract. The Judicial Council reserves the right to terminate specific Service Work Orders, without impact to this Contract or other Service Work Orders with Contractor Vendor under this Contract. This notice will contain the reasons for termination. Unless, within three (3) days after the service of the notice, any and all condition(s) shall cease, and any and all violation(s) shall cease, or arrangement satisfactory to Judicial Council for the correction of the condition(s) and/or violation(s) be made, this Contract and/or the ContractorVendor’s right to perform the Work shall cease and terminate. Upon termination, Contractor Vendor shall not be entitled to receive any further payment until the entire Work is finished.
44.2.242.2.2. Upon termination, Judicial Council may immediately serve written notice of tender upon Surety whereby Surety shall have the right to takeover and perform this Contract only if Surety:
44.2.2.142.2.2.1. Within three (3) days after service upon it of the notice of tender, Surety gives Judicial Council written notice of Surety’s intention to takeover and perform this Contract; and
44.2.2.242.2.2.2. Commences performance of the Contract within seven (7) days from date of serving of its notice to Judicial Council.
44.2.342.2.3. If Surety fails to notify Judicial Council or begins performance as indicated herein, Judicial Council may takeover the Work and execute the Work to completion by any method it may deem advisable at the expense of Contractor Vendor and/or its Surety. Contractor Vendor and/or its Surety shall be liable to Judicial Council for any excess cost or other damages the Judicial Council incurs thereby. Time is of the essence in the Contract. If the Judicial Council takes over the Work as herein provided, Judicial Council may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plan, and other property belonging to Contractor Vendor as may be on the Site site of the Work, in bonded storage, or previously paid for.
Appears in 1 contract