Common use of Payment on Termination Clause in Contracts

Payment on Termination. The Superintendent shall issue a certificate evidencing, and the Principal shall, subject to the Contract, pay the Contractor: the same payments that would have been payable if the Contract was frustrated under clause 40 with references to 'frustrated' and 'frustration' in clause 40 being read as references to 'terminated' and 'termination' respectively; plus an additional amount equal to 5% of the balance of the contract sum remaining after deducting all amounts paid or payable to the Contractor pursuant to the Contract (including under subclause 39A.3(a)), except that the total amount payable to the Contractor under the Contract shall not exceed the amount which would have been payable had the Contract not been terminated and the Contractor completed WUC in accordance with the Contract. The Principal shall not be liable upon any other claim in connection with the termination.' Insert new clause 39B as follows: '39B PRINCIPAL’S RIGHTS ON FAILURE OF CONTRACTOR TO CARRY OUT AN OBLIGATION Without limiting the Principal's other rights, where the Contractor fails to carry out any obligation under the Contract (including the obligation to comply with a direction of the Superintendent) the Principal may, after giving five business days notice (unless urgent action is required, in which case the Principal need not give notice) to the Contractor, carry out that obligation itself or have it carried out by others. If the Principal incurs more cost in carrying out the obligation itself, or having it carried out by others than it would have incurred if the Contractor had carried out the obligation then those additional costs shall be a debt due and payable by the Contractor to the Principal and shall be certified as such by the Superintendent. The Principal shall be entitled to have access to the site and any other place where an obligation under the Contract is to be carried out in order to exercise the rights provided by this clause 39B.'

Payment on Termination. The Superintendent shall issue a certificate evidencing, and the Principal shall, subject to the Contract, shall pay the Contractor: the same payments that would have been payable if the Contract was frustrated under clause 40 with references to 'frustrated' and 'frustration' in clause 40 being read as references to 'terminated' and 'termination' respectively; plus an additional amount equal to 5% of the balance of the contract sum remaining after deducting all amounts paid or payable to the Contractor pursuant to the Contract (including under subclause 39A.3(a)), except that the total amount payable to the Contractor under the Contract shall not exceed the amount which would have been payable had the Contract not been terminated and the Contractor completed WUC in accordance with the Contract. The Principal shall not be liable upon any other claim in connection with the termination.' Insert new clause 39B as follows: '39B PRINCIPAL’S RIGHTS ON FAILURE OF CONTRACTOR TO CARRY OUT AN OBLIGATION Without limiting the Principal's other rights, where the Contractor fails to carry out any obligation under the Contract (including the obligation to comply with a direction of the Superintendent) the Principal may, after giving five business days notice (unless urgent action is required, in which case the Principal need not give notice) to the Contractor, carry out that obligation itself or have it carried out by others. If the Principal incurs more cost in carrying out the obligation itself, or having it carried out by others than it would have incurred if the Contractor had carried out the obligation then those additional costs shall be a debt due and payable by the Contractor to the Principal and shall be certified as such by the Superintendent. The Principal shall be entitled to have access to the site and any other place where an obligation under the Contract is to be carried out in order to exercise the rights provided by this clause 39B.'

Payment on Termination. The Superintendent shall issue a certificate evidencing, and the Principal shall, subject to the Contract, pay the Contractor: the same payments that would have been payable if the Contract was frustrated under clause 40 with references to 'frustrated' and 'frustration' in clause 40 being read as references to 'terminated' and 'termination' respectively; plus an additional amount equal to 5% of the balance of the contract sum remaining after deducting all amounts paid or payable to the Contractor pursuant to the Contract (including under subclause 39A.3(a)), except that the total amount payable to the Contractor under the Contract shall not exceed the amount which would have been payable had the Contract not been terminated and the Contractor completed WUC in accordance with the Contract. The Principal shall not be liable upon any other claim in connection with the termination.' Insert new clause 39B as follows: '39B PRINCIPAL’S RIGHTS ON FAILURE OF CONTRACTOR TO CARRY OUT AN OBLIGATION Without limiting the Principal's other rights, where the Contractor fails to carry out any obligation under the Contract (including the obligation to comply with a direction of the Superintendent) the Principal may, after giving five business days notice (unless urgent action is required, in which case the Principal need not give notice) to the Contractor, carry out that obligation itself or have it carried out by others. If the Principal incurs more cost in carrying out the obligation itself, or having it carried out by others than it would have incurred if the Contractor had carried out the obligation then those additional costs shall be a debt due and payable by the Contractor to the Principal and shall be certified as such by the Superintendent. The Principal shall be entitled to have access to the site and any other place where an obligation under the Contract is to be carried out in order to exercise the rights provided by this clause 39B.'

Payment on Termination. The Superintendent shall issue a certificate evidencing, and the Principal shall, subject to the Contract, pay the Contractor: : (a) the same amount due to the Contractor for all work carried out to the date the termination notice takes effect, after taking into account previous payments and any deductions; (b) the costs of materials reasonably ordered by the Contractor for the WUC which the Contractor is legally liable to accept, but only if on payment these unincorporated materials become the property of the Principal, free of any encumbrance; (c) the reasonable, direct costs incurred by the Contractor for the removal of the temporary works and other things from the site, but only to the extent that would the Contractor complies with a strict duty to mitigate its costs; (d) the costs reasonably incurred by the Contractor prior to receiving notice of termination in the expectation of completing WUC, where those costs have not been payable if recovered through another payment by the Contract was frustrated under clause 40 Principal, but only to the extent that the Contractor complies with references a strict duty to 'frustrated' and 'frustration' in clause 40 being read as references to 'terminated' and 'termination' respectivelymitigate its costs; plus plus. (e) an additional amount equal to 5% of the balance of the contract sum remaining after deducting all amounts paid or payable to the Contractor pursuant to the Contract (including under subclause 39A.3(a39A.3(a)-(d)), except that the total amount payable to the Contractor under the Contract shall not exceed the amount which would have been payable had the Contract not been terminated and the Contractor completed WUC in accordance with the Contract. The Principal shall not be liable upon any other claim in connection with the termination.' Insert new clause 39B as follows: '39B PRINCIPAL’S RIGHTS ON FAILURE OF CONTRACTOR TO CARRY OUT AN OBLIGATION Without limiting the Principal's other rights, where the Contractor fails to carry out any obligation under the Contract (including the obligation to comply with a direction of the Superintendent) within the time required by the Contract or reasonably directed by the Superintendent for performance of such an obligation, the Principal may, after giving five business days days’ notice (unless urgent action is required, in which case the Principal need not give notice) to the Contractor, carry out that obligation itself or have it carried out by others. If the Principal incurs more cost in carrying out the obligation itself, or having it carried out by others than it would have incurred if the Contractor had carried out the obligation obligation, then those additional costs shall be a debt due and payable by the Contractor to the Principal and shall be certified as such by the Superintendent. The Principal shall be entitled to have access to the site and any other place where an obligation under the Contract is to be carried out in order to exercise the rights provided by this clause 39B.'

Payment on Termination. The Superintendent shall issue a certificate evidencing, and the Principal Purchaser shall, subject to the Contract, pay the Contractor: the same payments that would have been payable if the Contract was frustrated under clause 40 with references to 'frustrated' and 'frustration' in clause 40 being read as references to 'terminated' and 'termination' respectively; plus an additional amount equal to 5% of the balance of the contract sum remaining after deducting all amounts paid or payable to the Contractor pursuant to the Contract (including under subclause 39A.3(a)), except that the total amount payable to the Contractor under the Contract shall not exceed the amount which would have been payable had the Contract not been terminated and the Contractor completed WUC in accordance with the Contract. The Principal Purchaser shall not be liable upon any other claim in connection with the termination.' Insert new clause 39B as follows: '39B PRINCIPALPURCHASER’S RIGHTS ON FAILURE OF CONTRACTOR TO CARRY OUT AN OBLIGATION Without limiting the PrincipalPurchaser's other rights, where the Contractor fails to carry out any obligation under the Contract (including the obligation to comply with a direction of the Superintendent) within the Principal time required by the Contract or reasonably directed by the Superintendent for performance of such an obligation, the Purchaser may, after giving five 5 business days notice (unless urgent action is required, in which case the Principal Purchaser need not give notice) to the Contractor, carry out that obligation itself or have it carried out by others. If the Principal Purchaser incurs more cost in carrying out the obligation itself, or having it carried out by others than it would have incurred if the Contractor had carried out the obligation then those additional costs shall be a debt due and payable by the Contractor to the Principal Purchaser and shall be certified as such by the Superintendent. The Principal Purchaser shall be entitled to have access to the site and any other place where an obligation under the Contract is to be carried out in order to exercise the rights provided by this clause 39B.'

Payment on Termination. The Superintendent shall issue a certificate evidencing, and the Principal shall, subject to the Contract, pay the Contractor: the same payments that would have been payable if the Contract was frustrated under clause 40 with references to 'frustrated' and 'frustration' in clause 40 being read as references to 'terminated' and 'termination' respectively; plus an additional amount equal to 5% of the balance of the contract sum remaining after deducting all amounts paid or payable to the Contractor pursuant to the Contract (including under subclause 39A.3(a)), except that the total amount payable to the Contractor under the Contract shall not exceed the amount which would have been payable had the Contract not been terminated and the Contractor completed WUC in accordance with the Contract. The Principal shall not be liable upon any other claim in connection with the termination.' Insert new clause 39B as follows: '39B PRINCIPAL’S RIGHTS ON FAILURE OF CONTRACTOR TO CARRY OUT AN OBLIGATION Without limiting the Principal's other rights, where the Contractor fails to carry out any obligation under the Contract (including the obligation to comply with a direction of the Superintendent) within the time required by the Contract or reasonably directed by the Superintendent for performance of such an obligation, the Principal may, after giving five 5 business days notice (unless urgent action is required, in which case the Principal need not give notice) to the Contractor, carry out that obligation itself or have it carried out by others. If the Principal incurs more cost in carrying out the obligation itself, or having it carried out by others than it would have incurred if the Contractor had carried out the obligation then those additional costs shall be a debt due and payable by the Contractor to the Principal and shall be certified as such by the Superintendent. The Principal shall be entitled to have access to the site and any other place where an obligation under the Contract is to be carried out in order to exercise the rights provided by this clause 39B.'

Payment on Termination. The Superintendent shall issue a certificate evidencing, and the Principal shall, subject to the Contract, pay the Contractor: the same payments that would have been payable if the Contract was frustrated under clause 40 with references to 'frustrated' and 'frustration' in clause 40 being read as references to 'terminated' and 'termination' respectively; plus an additional amount equal to 5% of the balance of the contract sum remaining after deducting all amounts paid or payable to the Contractor pursuant to the Contract (including under subclause 39A.3(a)), except that the total amount payable to the Contractor under the Contract shall not exceed the amount which would have been payable had the Contract not been terminated and the Contractor completed WUC in accordance with the Contract. The Principal shall not be liable upon any other claim in connection with the termination.' Insert new clause 39B as follows: '39B PRINCIPAL’S RIGHTS ON FAILURE OF CONTRACTOR TO CARRY OUT AN OBLIGATION Without limiting the Principal's other rights, where the Contractor fails to carry out any obligation under the Contract (including the obligation to comply with a direction of the Superintendent) within the time required by the Contract or reasonably directed by the Superintendent for performance of such an obligation, the Principal may, after giving five 5 business days days’ notice (unless urgent action is required, in which case the Principal need not give notice) to the Contractor, carry out that obligation itself or have it carried out by others. If the Principal incurs more cost in carrying out the obligation itself, or having it carried out by others than it would have incurred if the Contractor had carried out the obligation obligation, then those additional costs shall be a debt due and payable by the Contractor to the Principal and shall be certified as such by the Superintendent. The Principal shall be entitled to have access to the site and any other place where an obligation under the Contract is to be carried out in order to exercise the rights provided by this clause 39B.'’