Optional Termination, Payment and Release. Where a provision of this Contract requires the Contractor to be paid in accordance with this sub-clause 19.6 [Optional Termination, Payment and Release], the Engineer shall determine the value of the work done and issue a Payment Certificate which shall include:
(a) the amounts payable for any work carried out for which a price is stated in the Contract;
(b) the Cost of Plant and Materials ordered for the Works which have been delivered to the Contractor, or of which the Contractor is liable to accept delivery: this Plant and Materials shall become the property of (and be at the risk of) the Employer when paid for by the Employer, and the Contractor shall place the same at the Employer's disposal;
(c) any other Cost or liability which in the circumstances was reasonably incurred by the Contractor in the expectation of completing the Works;
(d) the Cost of removal of Temporary Works and Contractor's Equipment from the Site and the return of these items to the Contractor's works in its country (or to any other destination at no greater cost); and
(e) the Cost of repatriation of the Contractor's staff and labour employed wholly in connection with the Works at the date of termination. The Employer shall not be liable to pay the Contractor any other compensation, and the Payment Certificate represents full and final settlement of all moneys due to the Contractor under or in connection with the Contract.
Optional Termination, Payment and Release. If the execution of substantially all the Works in progress is prevented for a continuous period of 84 days by reason of Force Majeure of which notice has been given under Sub-Article 16.7.2 [Notice of Force Majeure], or for multiple periods which total more than 140 days due to the same notified Force Majeure, then either Party may give to the other Party a notice of termination of the Contract. In this event, the termination shall take effect 7 days after the notice is given, and the Contractor shall cease work. Upon such termination, the Employer shall pay to the Contractor:
(a) the amounts payable for any work carried out for which a price is stated in the Contract;
(b) the Cost of Plant and Materials ordered for the Works which have been delivered to the Contractor, or of which the Contractor is liable to accept delivery: this Plant and Materials shall become the property of (and be at the risk of) the Employer when paid for by the Employer, and the Contractor shall place the same at the Employer's disposal;
(c) any other Cost or liability which in the circumstances was reasonably incurred by the Contractor in the expectation of completing the Works;
(d) the Cost of removal of Temporary Works and Contractor's Equipment from the Site and the return of these items to the Contractor's works in his country (or to any other destination at no greater cost); and
(e) the Cost of repatriation of the Contractor's staff and labour employed wholly in connection with the Works at the date of termination.
Optional Termination, Payment and Release. Irrespective of any extension of time, if an Event of Force Majeure occurs and its effect continues for a period of thirty [30] days, either party may give to the other a notice of termination. [If Authority is paying fee during Force Majeure, then Operator should not have a termination right, he is being paid.], which shall take effect [30] days after the giving of the notice. If, at the end of the [30]-day period, the effect of the Force Majeure continues, the Contract shall terminate. For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss, (b) changes in market prices or conditions, or (c) a party's financial inability to perform its obligations hereunder.
Optional Termination, Payment and Release. Release from Performance under the Law
Optional Termination, Payment and Release. 2.6.8.1 If the execution of substantially all the Services in progress is prevented for a continuous period of eighty four (84) days by reason of Force Majeure of which notice has been given under clause 2.6.3, or for multiple periods which total more than one hundred and forty (140) Days due to the same notified Force Majeure, then either Party may give to the other Parties a notice of termination of the Agreement. In this event, the termination shall take effect seven (7) days after the notice is given and the Consultant shall promptly commence demobilisation.
2.6.8.2 Upon such termination, KRFB and UCCIDPL shall be liable only to pay to the Consultant:
A. the amounts payable for any Services carried out in accordance with the Agreement; and
B. demobilisation costs, as submitted with substantiation to, and certified by, KRFB, and no further payments or compensation shall be due.
Optional Termination, Payment and Release. (a) If the execution of substantially all the Works in progress is prevented for a continuous period of one hundred and ninety (190) days by reason of a Force Majeure Event of which notice has been given in accordance with Clause 19.2 (Notice of Force Majeure Event), or for multiple periods which total more than one hundred and ninety (190) days due to the same notified Force Majeure, the Contract may be terminated as follows:
(i) the Employer may give to the Contractor a notice of termination of the Contract. In this event, the termination shall take effect seven (7) days after the notice is given, and the Contractor s hall p roceed in a ccordance w ith C xxxxx 16.3 ( Cessation of Work and Removal of Contractor’s Equipment); or
(ii) if th e P roject D ocuments pe rmit the E mployer t o terminate t he P ower P urchase Agreement due t o s uch pr olonged F orce M ajeure E vent a nd t he C ontractor i s no t compensated for its Costs in terms of Clause 19.4(c), then the Contractor may give the Employer a notice of termination of the Contract. In this event, the termination shall take effect seven (7) days after the notice is given, and the Contractor shall proceed in accordance with Clause 16.3 (
Optional Termination, Payment and Release. 14.4.1 Irrespective of any extension of time, if an Event of Force Majeure occurs and its effect continues for a period of 6 (six) months, then either Party may give to the other, a notice of termination which shall take effect one month after the giving of the notice. If, at the end of the one-month period, the effect of the Force Majeure continues, the Agreement shall terminate.
Optional Termination, Payment and Release. Delete the words in line 6 “7 days” and replace by “21 days”. Add the following words after “… and labour employed wholly” in line 1 of section (e), "and solely".
Optional Termination, Payment and Release. If an Event of Force Majeure occurs and its effect continues for a period of (180) days, either the Licensor or the Licensee may give to the other a notice of termination. After termination under this Sub-Clause (22.3), the Operator shall comply with Sub-Clause (see Clause 19 Termination).
Optional Termination, Payment and Release. If the execution of substantial portion of works or all the Works in progress is prevented for a continuous period of 84 days by reason of Force Majeure of which notice has been given under Clause 16.1, or for multiple periods which total more than 140 days due to the same notified Force Majeure, then either Party may give to the other Party a notice of termination of the Contract. In this event, the termination shall take effect 7 days after the notice is given and the Contractor shall proceed in accordance with Sub- Clause 13.3.
