Payment in the Event of Termination. 1. If the University terminates this Agreement for convenience as provided in Section A.1 of this Section XIII or for non-appropriation of funds as provided in section A.2 of this Article, the Contractor shall be entitled to receive, as its sole remedy, (i) all amounts due and owing as of the effective date of termination plus (ii) an amount equal to the Contractor’s actual and reasonable costs incurred after the effective date of termination to protect and preserve the Service Locations, if and as requested by the University. The Contractor hereby waives and forfeits all other claims for payment and damages including, without limitation, anticipated profits.
2. If the University terminates this Agreement “for cause” under Section A.3 of this Section XIII, the amounts due and owing as of the effective date of termination, if any, shall be withheld until such time as the University is able to determine any and all damages sustained by the University which arise from such breach. In the case of a termination for cause, Contractor shall be responsible for (a) any and all costs and expenses incurred by the University to engage another contractor to perform such Services in excess of the price that would have been paid to the Contractor under the terms of this Agreement for such Services and (b) all such other costs, expenses, liabilities and damages incurred by the University which arise as a result of the Contractor’s noncompliance and/or nonperformance under this Agreement. Once the University has determined the total amount of such damages, the amount, if any, due and owing to the Contractor on the effective date of termination shall be reduced by the amount of such damages. If the damages exceed such amount due, the Contractor shall promptly pay to the University the amount of such excess. If such amount due exceeds the University’s damages, the University shall remit payment to the Contractor in the amount of such excess. Under no circumstances shall the Contractor be entitled to receive, nor shall the University be obligated to tender to the Contractor, any payments for anticipated or lost profits.
Payment in the Event of Termination. In the event this Contract is terminated by the either party, the Contractor shall not be entitled to receive any further amounts due under this Contract until the work specified in the Scope of Work is satisfactorily completed, as scheduled, up to the date of termination. At such time, if the unpaid balance of the amount to be paid under the Contract exceeds the expense incurred by the City in finishing the work, and all damages sustained by the City or which may be sustained by the City or which may be sustained by the reason of such refusal, neglect, failure or discontinuance of Contractor performing the work, such excess shall be paid by the City to the Contractor. If the City’s expense and damages exceed the unpaid balance, Contractor and his surety shall be jointly and severally liable therefore to the City and shall pay such difference to the City. Such expense and damages shall include all reasonable legal expenses and costs incurred by the City to protect the rights and interests of the City under the Contract.
Payment in the Event of Termination. In the event this Agreement or any Work Order is terminated or canceled prior to final completion payment for the unpaid portion of the services provided by the Contractor to the date of termination and any additional services shall be paid to the Contractor.
Payment in the Event of Termination. (a) After the termination of the Agreement for any reason by the Company, including the inability of the Contractor to provide services due to disability of the Contractor, but other than for Cause, the Company shall pay to the Contractor the aggregate of (i) any unpaid Base Fee earned by that Contractor hereunder prior to the Termination Date and any unreimbursed expenses, plus an amount equal to the equivalent of the daily per diem rate inherent in the base fee multiplied by the number of excess days spent prior to the Termination Date over the number of days in the current annual period spent in excess of the Time Commitment apportioned on a straight line time basis, AND (ii) an amount, which is to be regarded as compensation for early termination, equal to the Base Fee which would otherwise have been due from the Termination Date to the then Expiration Date of the then Term, if the Expiration Date is after the Termination Date.
(b) Upon termination of the Agreement by the Company for Cause the Company shall pay the Contractor the unpaid Base Fee earned through the Termination Date and unreimbursed, actual expenses incurred by Executive in furtherance of the Company’s business, subject to any rights of set off for damages to the Company as it asserts. Except as provided in this agreement or by law, upon termination for Cause, the Company shall have no further financial obligation to Executive.
(c) Upon termination of the Agreement by the Contractor (and for this purpose the death of the Contractor shall be regarded as Termination by the Contractor with Notice given from the date of the Contractor’s death) the Company shall pay the Contractor any unpaid Base Fee earned hereunder prior to the Termination Date and any unreimbursed expenses.
Payment in the Event of Termination. In the event that the Company terminates this Agreement in accordance with Section 4.2, all obligations of the Company arising under this Agreement shall cease effective with the date of termination; provided, however, the Company shall be obligated after the date of termination to pay any consulting fee and commission or reimburse any expense or fulfill any other obligation accruing prior to the date of termination.
Payment in the Event of Termination. In the event that the Executive's employment hereunder terminates due to Disability, a termination for Cause or for Serious Cause, or the Executive's death, or the Executive voluntarily terminates employment with the Company for reasons other than Disability (with voluntary retirement or termination following Executive's delivery of a Notice of Nonrenewal being a voluntary termination for purposes of this Agreement), earned but unpaid Base Salary and any earned but unpaid Incentive Compensation as of the Date of Termination shall be payable in full. However, no other payments (and, in particular, no severance shall be payable) shall be made, or benefits provided, by the Company under this Agreement except for compensatory rights to the extent already earned, vested benefits payable under the terms of Company's plans, and any other benefits which the Executive is entitled to receive under the terms of any other employee benefit programs maintained by the Company or its affiliates for its employees.
Payment in the Event of Termination. In the event that (a) BidContender terminates this Agreement pursuant to this section 14 or (b) the Client indicates it is unwilling or unable to continue to perform its obligations, (each a “Termination Event”), without prejudice to BidContender’s rights and remedies hereunder, the Client will be required to pay BidContender 65% of all Fees uninvoiced as at the date of the Termination Event. The parties agree that this payment is a genuine pre-estimate of BidContender’s loss and damage arising as a consequence of the Termination Event.
Payment in the Event of Termination. Effective upon the termination of this Agreement, the District shall be obligated to pay the Superintendent (or the Estate of the Superintendent in the event of the Superintendent’s death) only such compensation set forth in this Section 13.
a. If this Agreement expires at the end of the Term, the District shall pay the Superintendent:
i. Earned annual base salary through the last day of employment.
ii. Any accrued and unused paid vacation leave.
iii. Any unreimbursed appropriate expenses.
b. If this Agreement is terminated pursuant to paragraphs (a), (b), (d), (e), and (f) of Section 12 of this Agreement, the District shall pay the Superintendent:
i. Earned annual base salary through the last day of employment.
ii. Any accrued and unused paid vacation leave.
iii. Any unreimbursed expenses allowed under this Agreement.
c. If the Agreement is terminated pursuant to paragraph (c) of Section 12 of this Agreement, the District shall pay the Superintendent:
i. Earned annual base salary through the last day of employment.
ii. Payment for the Superintendent to continue his health insurance for up to 6 months pursuant to the Consolidated Omnibus Reconciliation Act (Public Law 99-272 of 1985, as amended), provided that such payments will cease if the Superintendent becomes covered by another health insurance plan.
iii. An additional amount equal to twelve (12) months of annual base salary payable at the District’s regular payroll intervals.
iv. Any accrued and unused paid vacation leave.
v. Any accrued and unused paid sick leave, provided that the Superintendent satisfies the requirements of District Regulation 4142.1.
vi. Any unreimbursed appropriate expenses.
d. The District shall not be required to pay the Superintendent any other additional sum or benefit than the sums and benefits set forth in this Section 13.
Payment in the Event of Termination. In the event this Contract is terminated by the either party, the Contractor shall not be entitled to receive any further amounts due under this Contract until the work specified in the Scope of Work is satisfactorily completed, as scheduled, up to the date of termination. At such time, if the unpaid balance of the amount to be paid under the Contract exceeds the expense incurred by the District in finishing the work, and all damages sustained by the District or which may be sustained by the District or which may be sustained by the reason of such refusal, neglect, failure or discontinuance of Contractor performing the work, such excess shall be paid by the District to the Contractor. If the District’s expense and damages exceed the unpaid balance, Contractor and his surety shall be jointly and severally liable therefore to the District and shall pay such difference to the District. Such expense and damages shall include all reasonable legal expenses and costs incurred by the District to protect the rights and interests of the District under the Contract.
Payment in the Event of Termination. In the event this Contract is terminated by the either party, the Contractor shall not be entitled to receive any further amounts due under this Contract.
