Common use of Optional Termination, Payment and Release Clause in Contracts

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. 66.1 If the execution of substantially all the Works in progress is prevented for a continuous period of 84 90 days by reason of Force Majeure of which notice has been given under Sub-Article 16.7.2 [Notice of Force Majeure]GCC 62, or for multiple periods which total more than 140 150 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 workproceed in accordance with GCC 72.5. Upon such termination, the Employer Project Manager shall pay to determine the Contractor: (a) value of the work done and issue a Payment Certificate, which shall include 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 ’s disposal; (c) any ; other Cost Costs or liability liabilities which in the circumstances was were reasonably and necessarily incurred by the Contractor in the expectation of completing the Works; (d) ; the Cost of removal of Temporary Works and Contractor's ’s Equipment from the Site and the return of these items to the Contractor's ’s works in his country (or to any other destination at no greater cost); and (e) and the Cost of repatriation of the Contractor's ’s staff and labour labor employed wholly in connection with the Works at the date of termination.

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 Clause 19.2 [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; ; and (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. 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 Clause 19.2 [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 workproceed in accordance with Sub-Clause 16.3 [Cessation of Work and Removal of Contractor’s Equipment]. Upon such termination, the Employer Engineer shall pay to determine the Contractorvalue 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 ’s disposal; (c) any other Cost or liability liabilities which in the circumstances was were reasonably and necessarily incurred by the Contractor in the expectation of completing the Works; (d) the Cost of removal of Temporary Works and Contractor's ’s Equipment from the Site and the return of these items to the Contractor's ’s works in his country (or to any other destination at no greater cost); and (e) the Cost of repatriation of the Contractor's ’s staff and labour employed wholly in connection with the Works at the date of termination.