Common use of Procedure for Termination for Cause Clause in Contracts

Procedure for Termination for Cause. District may, without prejudice to any other right or remedy, give written notice to Contractor and its surety or sureties of its intention to terminate this Facilities Lease for any violation of its terms. Unless within seven (7) days of the delivery of such notice, Contractor shall cease such violation and make satisfactory arrangements for a correction thereof, which arrangements are set forth in a written agreement signed by Contractor and the District Representative, Contractor’s right to complete the Work shall cease and terminate. In the event of any such termination, District shall immediately give written notice thereof to the surety and to Contractor, and the surety shall have the rights and obligations set forth in the Performance Bond. If District is forced to take over the Work, it may prosecute the same to completion by contract or by any other method it may deem advisable, for the account and at the expense of Contractor, and Contractor and its sureties shall be liable to District for any excess costs, including management, supervision, and design support, occasioned thereby. In such event, District may, without liability, take possession of and utilize in completing the Work, Contractor's materials whether stored at the Site or elsewhere, that are necessary for completion. Contractor hereby assigns to District all of its interest in orders and/or contracts existing at the time of termination. The assignment of said orders and/or contracts shall be effective upon notice of acceptance by District in writing, and only as to those orders and/or contracts which District designates in writing. Whenever Contractor's right to proceed is terminated, Contractor shall not be entitled to receive any further payment until the Work is finished and shall be liable to District for liquidated damages, if applicable, as well as for any and all damages and losses incurred by District, including without limitation those damages or losses suffered in completing the Work. In the event that District's actions to effect a termination are determined by a court of law to be wrongful, improper or a breach of this Facilities Lease, any termination shall be determined to be, and treated as, a Termination for Convenience under Section 18.01.

Procedure for Termination for Cause. District may, without prejudice to any other right or remedy, give written notice to Contractor and its surety or sureties of its intention to terminate this Facilities Lease for any violation of its termsLease. Unless within seven (7) days of the delivery of such notice, Contractor shall cease such violation and make satisfactory arrangements for a correction thereof, which arrangements are set forth in a written agreement signed by Contractor and the District Representative, Contractor’s right to complete the Work shall cease and terminate. In the event of any such termination, District shall immediately give written notice thereof to the surety and to Contractor, and the surety shall have the rights and obligations set forth in the Performance Bond. If District is forced to take over the Work, it may prosecute the same to completion by contract or by any other method it may deem advisable, for the account and at the expense of Contractor, and Contractor and its sureties shall be liable to District for any excess costs, including management, supervision, and design support, occasioned thereby. In such event, District may, without liability, take possession of and utilize in completing the Work, Contractor's materials whether stored at the Site or elsewhere, that are necessary for completion. Contractor hereby assigns to District all of its interest in orders and/or contracts existing at the time of termination. The assignment of said orders and/or contracts shall be effective upon notice of acceptance by District in writing, and only as to those orders and/or contracts which District designates in writing. Whenever Contractor's right to proceed is terminated, Contractor shall not be entitled to receive any further payment until the Work is finished and shall be liable to District for liquidated damages, if applicable, as well as for any and all damages and losses incurred by District, including without limitation those damages or losses suffered District in completing the Work. In the event that District's actions to effect a termination are determined by a court of law to be wrongful, improper or a breach of this Facilities Lease, any termination shall be determined to be, and treated as, a Termination for Convenience under Section 18.01.

Procedure for Termination for Cause. District may, without prejudice to any other right or remedy, give written notice to Contractor and its surety or sureties of its intention to terminate this Facilities Lease for any violation of its termsLease. Unless within seven (7) days of the delivery of such notice, Contractor shall cease such violation and make satisfactory arrangements for a correction thereof, which arrangements are set forth in a written agreement signed by Contractor and the District Representative, Contractor’s right to complete the Work shall cease and terminate. In the event of any such termination, District shall immediately give written notice thereof to the surety and to Contractor, and the surety shall have the rights and obligations set forth in the Performance Bond. If District is forced to take over the Work, it may prosecute the same to completion by contract or by any other method it may deem advisable, for the account and at the expense of Contractor, and Contractor and its sureties shall be liable to District for any excess costs, including management, supervision, and design support, occasioned thereby. In such event, District may, without liability, take possession of and utilize in completing the Work, Contractor's ’s materials whether stored at the Site or elsewhere, that are necessary for completion. Contractor hereby assigns to District all of its interest in orders and/or contracts existing at the time of termination. The assignment of said orders and/or contracts shall be effective upon notice of acceptance by District in writing, and only as to those orders and/or contracts which District designates in writing. Whenever Contractor's ’s right to proceed is terminated, Contractor shall not be entitled to receive any further payment until the Work is finished and shall be liable to District for liquidated damages, if applicabledamages for all periods of time from such termination date until the Date of Completion, as well as for any and all damages and losses incurred by District, including without limitation those damages or losses suffered District in completing the Work. In the event that District's actions to effect a termination are determined by a court of law to be wrongful, improper or a breach of this Facilities Lease, any termination shall be determined to be, and treated as, a Termination for Convenience under Section 18.01.