Owner’s Right to Terminate for Convenience. 15.3.1 Upon ten (10) Days’ written notice to Design-Builder, Owner may, for its convenience and without cause, elect to terminate this Agreement. In such event, Owner shall pay Design-Builder for the following:
(a) to the extent not already paid, all Work executed, and for proven loss, cost or expense in connection with the Work;
(b) the reasonable costs and expenses attributable to such termination, including demobilization costs;
(c) amounts due in settlement of terminated contracts with Subcontractors and Design Consultants;
(d) overhead and profit margin in the amount of fifteen percent (15%) on the sum of items (a) and (b) above; and
(e) all retainage withheld by Owner on account of Work that has been completed in accordance with the Contract Documents.
15.3.2 If Owner terminates this Agreement pursuant to this Section 15.3 and proceeds to design and construct the Project through its employees, agents or third parties, Owner’s rights to use the Work Product shall be as set forth in Section 5.3.
Owner’s Right to Terminate for Convenience. Owner may, at its sole discretion, terminate this Contract, in whole or in part, by written notice to Consultant specifying the termination date of the Contract.
Owner’s Right to Terminate for Convenience. 16.3.1 Upon thirty (30) Days’ written notice to Vendor, Owner may, for its convenience and without cause, elect to terminate this Agreement. In such event, Owner shall pay Vendor for the following (without duplication):
(a) To the extent not already paid, all work completed in accordance with the Contract Documents;
(b) The reasonable costs and expenses attributable to such termination, including demobilization costs and amounts due in settlement of terminated contracts with Vendor’s subcontractors and suppliers, including cancellation payments agreed between Vendor and such subcontractors and suppliers, and the cancellation payment schedule set forth in Exhibit D, if any;
(c) Overhead and profit margin in the amount of [*] on item (b) above; and
(d) All retainage withheld by Owner on account of work that has been completed in accordance with the Contract Documents (or return of any letter of credit that may have been provided by Vendor in lieu of such retainage); provided, however, that the total amount payable by Owner pursuant to this Section 16.3.1 shall not in any circumstance exceed the Contract Price.
Owner’s Right to Terminate for Convenience. Owner may, in its sole discretion, terminate this Design and Construction Contract by written notice to ESCO specifying the date of termination. If Owner, during Phase II terminates this Design and Construction Contract for convenience by providing 15 days advance written notice thereof to ESCO, Owner shall pay to ESCO that sum equal to the percentage of the Work that is completed and accepted by Owner.
Owner’s Right to Terminate for Convenience. The Owner shall have the right to terminate this Contract at its own convenience for any reason by giving seven (7) days prior written notice of termination to the Contractor. The Contractor shall be paid an amount equal to the lesser of: (1) the actual cost of any work, labor or materials actually performed or in place and the actual cost of any labor, equipment or materials ordered in good faith which could not be canceled, less the salvage value thereof, plus ten percent (10%) or
Owner’s Right to Terminate for Convenience. Upon written notice to Xxxxxx Mechanical, Owner may, for its convenience and without cause, elect to terminate this Agreement. In such event, Owner shall pay Xxxxxx Mechanical for the following:
1. all Work executed;
2. the reasonable and documented costs and expenses attributable to such termination, including demobilization costs and amounts due in settlement of terminated contracts with Subcontractors and Design Consultants; and
3. overhead and profit in the amount of * on the sum of items 1 and 2 above. In no event shall Owner be liable to Xxxxxx Mechanical for profit or overhead on Work not executed. * PORTIONS OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT WHICH HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
9.3.1 If Owner improperly terminates the Agreement for cause, the termination for cause will be converted to a termination for convenience in accordance with the provisions of Section 9.3 of the Contract.
Owner’s Right to Terminate for Convenience. Notwithstanding the rights of the Owner or defaults outlined above, the Owner shall have the right to terminate this Contract, in whole or in part, at its own convenience for any reason by giving seven (7) days prior written notice of termination to the Contractor. In the event of such termination for convenience prior to a SPRS being placed in service, the Contractor shall be paid an amount equal to the actual cost of any Work actually performed and in place and the actual cost of any labor, equipment or materials ordered in good faith which could not be canceled, less the salvage value thereof, plus theten percent (10%). In the event of a termination after a SPRS is placed in service, the Contractor shall be paid an amount equal to the rates agreed for any power provided prior to the effective date of the termination, plus the future value of power calculated by multiplying the annual projected amount of kWh by the agreed upon rate discounted at four percent (4%). The Owner shall have the right of audit, and Contractor shall have the obligations, stated in Article 24 insofar as they pertain to amounts claimed to be due hereunder. In the event a termination by the Owner for default, in whole or in part, subsequently is determined to have been without sufficient justification, such termination shall be deemed a termination for convenience and the Contractor’s remedies shall be limited as provided in this Article 18.7.
Owner’s Right to Terminate for Convenience. 11.5.1 Upon ten (10) days’ written notice to Design-Builder, Owner may, for its convenience and without cause, elect to terminate this Agreement. In such event, Owner shall pay Design-Builder for the following:
.1 All Work executed and for proven loss, cost or expense in connection with the Work; .2 The reasonable costs and expenses attributable to such termination, including demobilization costs and amounts due in settlement of terminated contracts with Subcontractors and Design Consultants; and
Owner’s Right to Terminate for Convenience. 15.3.1. Upon ten (10) Days’ written notice to Design-Builder, Owner may, for its convenience and without cause, elect to terminate this Agreement. In such event, Owner shall pay Design-Builder for the following:
(a) to the extent not already paid, all Work executed, and for proven loss, cost or expense in connection with the Work;
(b) the reasonable costs and expenses attributable to such termination, including demobilization costs; Val-E Ethanol, LLC Fxxxx, Inc. Final January 6, 2006
(c) amounts due in settlement of terminated contracts with Subcontractors and Design Consultants;
(d) overhead and profit margin in the amount of fifteen percent (15%) on the sum of items (a) and (b) above; and
(e) all retainage withheld by Owner on account of Work that has been completed in accordance with the Contract Documents.
15.3.2. If Owner terminates this Agreement pursuant to this Section 15.3 and proceeds to design and construct the Project through its employees, agents or third parties, Owner’s rights to use the Work Product shall be as set forth in Section 5.3.
Owner’s Right to Terminate for Convenience. Notwithstanding the rights of the Owner or defaults outlined above, the Owner shall have the right to terminate this Contract, in whole or in part, at its own convenience for any reason by giving seven (7) days prior written Notice of termination to the Contractor. In such event, the Contractor shall be paid an amount equal to the lesser of: (1) the actual cost of any Work actually performed or in place and the actual cost of any labor, equipment or materials ordered in good faith which could not be canceled, less the salvage value thereof, plus 10%; or (2) the pro rata percentage of completion based upon the approved Schedule of Values, plus the actual cost of any labor, equipment or materials ordered in good faith which could not be canceled, less the salvage value thereof. Each subcontract shall contain a similar termination provision for the benefit of the Contractor and the Owner. The Contractor shall not be entitled to receive anticipated profits on unperformed portions of the Work. The Owner shall have the right to employ an independent accounting firm to verify any amounts Claimed by the Contractor to be due under this Paragraph. The Owner shall have the right of audit (and Contractor shall have the obligations) stated in General Conditions Part 9 CHANGES IN THE WORK, ACTUAL OR ASSERTED, Paragraph 9.4, insofar as they pertain to amounts Claimed to be due hereunder. In the event a termination by the Owner for default, in whole or in part, subsequently is determined to have been without sufficient justification, such termination shall be deemed a termination for convenience and the Contractor’s remedies shall be limited as provided in this Part 22.
