Owner’s Right to Terminate for Cause. Owner may terminate this Contract immediately, in whole or in part, upon written notice to Consultant, or such later date as Owner may establish in such notice, upon the occurrence of any of the following events:
4.16.3.1. Owner lacks lawful funding, appropriations, limitations or other expenditure authority at levels sufficient to allow Owner, in the exercise of its reasonable discretion, to pay for Consultant’s Services;
4.16.3.2. Federal, state or local laws, regulations or guidelines are modified or interpreted in such a way that either the Services under this Contract are prohibited or Owner is prohibited from paying for such Services from the planned funding source;
4.16.3.3. Consultant no longer holds all licenses or certificates that are required to perform the Services; or
4.16.3.4. Consultant fails to provide Services within the times specified or allowed under this Contract; fails to perform any of the provisions of this Contract; or so fails to perform the Services as to endanger performance of this Contract in accordance with its terms, and after receipt of written notice from Owner, does not correct such failures within the time that Owner specifies (which shall not be less than 10 calendar days, except in the case of emergency).
Owner’s Right to Terminate for Cause. Owner may terminate this Contract if: (i) a petition in bankruptcy is filed by or against DELTA-T and it is not dismissed within thirty (30) days, or (ii) DELTA-T commits a material breach of this Contract and fails to cure within the longer of 60 days of its receipt of written notice of such breach or such longer time as may be approved in writing by Owner. Upon such termination Owner shall (at its option) take possession of the Work and all Equipment for which it has paid, and upon Owner’s request, DELTA-T shall assign any then outstanding purchase orders for Equipment. DELTA-T shall cooperate in all respects with Owner in transiting the Work or Owner or a third party designated by Owner. In the event of termination under this Section 10.1, DELTA-T will be liable to Owner for any reasonable costs incurred by Owner to complete the Work to the extent that such costs exceed the unpaid balance of the Contract Sum set forth at Section 8 above.
Owner’s Right to Terminate for Cause. Owner may terminate this Contract immediately, in whole or in part, upon written notice to Consultant, or such later date as Owner may establish in such notice, upon the occurrence of any of the following events:
4.16.3.1. Owner lacks lawful funding, appropriations, limitations or other expenditure authority at levels sufficient to allow Owner, in the exercise of its reasonable discretion, to pay for Consultant’s Services;
4.16.3.2. Federal, state or local laws, regulations or guidelines are modified or interpreted in such a way that either the Services under this Contract are prohibited or Owner is prohibited from paying for such Services from the planned funding source;
4.16.3.3. Consultant no longer holds all licenses or certificates that are required to perform the Services;
4.16.3.4. Consultant fails to provide Services within the times specified or allowed under this Contract; fails to perform or comply with any of the provisions of this Contract; or so fails to perform the Services as to endanger performance of this Contract in accordance with its terms, and after receipt of written notice from Owner, does not correct such failures within the time that Owner specifies (which shall not be less than 10 calendar days, except in the case of emergency); or
4.16.3.5. Consultant has liquidated and delinquent debt owed to the State of Oregon or any department or agency of the State of Oregon.
Owner’s Right to Terminate for Cause. Owner may terminate this Design and Construction Contract, in whole or in part, immediately upon notice to ESCO, or such later date as Owner may establish in such notice, upon the occurrence of any of the following events:
8.3.1. Owner fails to receive funding, or appropriations, limitations or other expenditure authority at levels sufficient to pay for ESCO’s services;
8.3.2. Federal, state or local laws, regulations or guidelines are modified or interpreted in such a way that either the services under this Contract are prohibited or Owner is prohibited from paying for such services from the planned funding source;
8.3.3. ESCO no longer holds a license or certificate that is required to perform the services;
8.3.4. ESCO commits any material breach or default of any covenant, warranty, obligation or agreement under this Design and Construction Contract, fails to perform the work under this Design and Construction Contract within the time specified herein or any extension thereof, or so fails to perform as to endanger ESCO’s performance under this Design and Construction Contract in accordance with its terms, and such breach, default or failure is not cured within 10 calendar days after delivery of Owner’s notice, or such longer period of cure as Owner may specify in such notice.
Owner’s Right to Terminate for Cause. Owner may terminate this Contract if: a. a petition in bankruptcy is filed by Delta-T, and such filing materially impacts Delta-T's ability to perform its obligations under this Contract, or such a petition is filed against Delta-T and it is not dismissed within 45 days, or
Owner’s Right to Terminate for Cause. Owner may terminate this Contract immediately, in whole or in part, upon written notice to Consultant, or such later date as Owner may establish in such notice, upon the occurrence of any of the following events:
4.16.3.1. Owner lacks lawful funding, appropriations, limitations or other expenditure authority at levels sufficient to allow Owner, in the exercise of its reasonable discretion, to pay for Consultant’s Services;
4.16.3.2. Federal, state or local laws, regulations or guidelines are modified or interpreted in such a way that either the Services under this Contract are prohibited or Owner is prohibited from paying for such Services from the planned funding source;
4.16.3.3. Consultant no longer holds all licenses or certificates that are required to perform the Services; or
4.16.3.4. Consultant fails to provide Services within the times specified or allowed under this Contract; fails to perform any of the provisions of this Contract; or so fails to perform the Services as to endanger performance of this Contract in accordance with its terms, and after receipt of written notice from Owner, does not correct such failures within the time that Owner specifies (which shall not be less than 10 calendar days, except in the case of emergency).
4.16.3.5. Consultant commits any material breach or is in default of any covenant, warranty obligation or agreement under this Contract.
4.16.3.6. Consultant makes any false or misleading representation or warranty to Owner.
4.16.3.7. ESCO (a) applies for or consents to the appointment or possession by, a receiver, custodian, trustee, or liquidator of ESCO or all or substantially all of its property, (b) admits in writing its inability, or is unable, to pay its debts as they become due, (c) makes a general assignment for the benefit of its creditors, (d) commences a voluntary case under the Federal Bankruptcy Code (as now or hereafter in effect), (e) is adjudicated bankrupt or insolvent, (f) files a petition seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, liquidation, winding-up, or composition or adjustment of debts, (g) acquiesces in writing to, any petition filed against it in an involuntary case under the Federal Bankruptcy Code (as now or hereafter in effect), or (h) takes any corporate action for the purpose of effecting any of the foregoing.
4.16.3.8. A proceeding or case is commenced, without the application or consent of ESCO, in any court of competent jurisdict...
Owner’s Right to Terminate for Cause. 10.2.1 If Design-Builder persistently fails to (i) provide a sufficient number of skilled workers, (ii) supply the materials required by the Contract Documents, (iii) comply with applicable Legal Requirements, (iv) timely pay, without cause, Design Consultants or Subcontractors, (v) prosecute the Work with promptness and diligence to ensure that the Work is completed by the Contract Time(s), as such times may be adjusted, or (vi) perform material obligations under the Contract Documents, then Owner, in addition to any other rights and remedies provided in the Contract Documents or by law, shall have the rights set forth in Sections 10.2.2 and 10.2.3 below.
10.2.2 Upon the occurrence of an event set forth in Section 10.2.1 above, Owner may provide written notice to Design-Builder that it intends to terminate the Agreement unless the problem cited is cured, or commenced to be cured, within seven (7) days of Design-Builder’s receipt of such notice. If Design- Builder fails to cure, or reasonably commence to cure, such problem, then Owner may give a second written notice to Design-Builder of its intent to terminate within an additional seven (7) day period. If Design-Builder, within such second seven (7) day period, fails to cure, or reasonably commence to cure, such problem, then Owner may declare the Agreement terminated for default by providing written notice to Design-Builder of such declaration.
10.2.3 Upon declaring the Agreement terminated pursuant to Section 10.2.2 above, Owner may enter upon the premises and take possession, for the purpose of completing the Work, of all materials, equipment, scaffolds, tools, appliances and other items thereon, which have been purchased or provided for the performance of the Work, all of which Design-Builder hereby transfers, assigns and sets over to Owner for such purpose, and to employ any person or persons to complete the Work and provide all of the required labor, services, materials, equipment and other items.
10.2.4 If Owner improperly terminates the Agreement for cause, the termination for cause will be converted to a termination for convenience.
10.2.5 If Owner terminates this Agreement for its convenience above and proceeds to design and construct the Project through its employees, agents or third parties, Owner’s shall have rights to use the Work Product as set forth in the Agreement.
Owner’s Right to Terminate for Cause. Owner may terminate this MA immediately, in whole or in part, upon written notice to Consultant, or such later date as Owner may establish in such notice, upon the occurrence of any of the following events:
4.16.3.1. Owner lacks lawful funding, appropriations, limitations or other expenditure authority at levels sufficient to allow Owner, in the exercise of its reasonable discretion, to pay for Consultant’s Services;
4.16.3.2. Federal, state or local laws, regulations or guidelines are modified or interpreted in such a way that either the Services under this MA are prohibited or Owner is prohibited from paying for such Services from the planned funding source;
4.16.3.3. Consultant no longer holds all licenses or certificates that are required to perform the Services; or
4.16.3.4. Consultant fails to provide Services within the times specified or allowed under this MA; fails to perform any of the provisions of this MA; or so fails to perform the Services as to endanger performance of this MA in accordance with its terms, and after receipt of written notice from Owner, does not correct such failures within the time that Owner specifies (which shall not be less than 10 calendar days, except in the case of emergency).
Owner’s Right to Terminate for Cause. Owner may terminate this Contract immediately, in whole or in part, upon written notice to Consultant, or such later date as Owner may establish in such notice, upon the occurrence of any of the following events:
4.16.3.1. Owner lacks lawful funding, appropriations, limitations or other expenditure authority at levels sufficient to allow Owner, in the exercise of its reasonable discretion, to pay for Consultant’s Services; 4.
Owner’s Right to Terminate for Cause. Owner may terminate the Contract, in whole or in part, immediately upon notice to CONTRACTOR, or such later date as Owner may establish in such notice, upon the occurrence of any of the following events:
6.3.1 Owner fails to receive funding, or appropriations, limitations or other expenditure authority at levels sufficient to pay for CONTRACTOR’s services;
6.3.2 Federal, state or local laws, regulations or guidelines are modified or interpreted in such a way that either the services under the Contract are prohibited or Owner is prohibited from paying for such services from the planned funding source;
6.3.3 CONTRACTOR no longer holds a license or certificate that is required to perform the services;
6.3.4 CONTRACTOR commits any material breach or default of any covenant, warranty, obligation or agreement under the Contract, fails to perform the Design Services or Construction Work under the Contract within the time specified herein or any extension thereof, or so fails to perform as to endanger CONTRACTOR’s performance under the Contract in accordance with its terms, and such breach, default or failure is not cured within 10 calendar days after delivery of Owner’s notice, or such longer period of cure as Owner may specify in such notice.
