Common use of Suspension or Termination for Cause Clause in Contracts

Suspension or Termination for Cause. NYSDOT may for cause and, unless in NYSDOT's judgment the public interest requires earlier action, upon not less than seven (7) days written notice to Consultant suspend Consultant's performance under this Agreement or terminate this Agreement if Consultant breaches or is in default of any obligation hereunder including those instances enumerated in the Escrow Agreement, which default is incapable of cure or which, being capable of cure, has not been cured within twenty (20) days after receipt of notice of such default from NYSDOT or within such additional cure period as NYSDOT may authorize. Consultant shall also be deemed in default if: (i) it fails to make reasonable progress as defined by NYSDOT on the Project in accordance with this Agreement; or (ii) the BDIS System does not perform in accordance with the requirements of this Agreement, notwithstanding Consultant’s remedial or maintenance efforts; or, (iii) other material violation of this Agreement that significantly endangers substantial performance of the Project. 16.2.1 In the event of the termination of this Agreement for failure of a Project element or component, or in the performance of the BDIS Software or Services during the Warranty Period as stated in §15.1 above, NYSDOT may: (i) recover from Consultant all costs, fees and expenses incurred by NYSDOT to remedy such failure, including for elements which are rendered substantially useless as a result of such failure up to the amount paid to Consultant for the Project element that has so failed; and, (ii) if such failure is integral to the entire BDIS Software and Systems, all money paid for the BDIS Software and Systems as well as associated services. 16.2.2 In the event of the failure of a Project element, or component, or in the performance of the BDIS Software, Systems or Services during the Warranty Period as stated in §15.1 above, NYSDOT may suspend Consultant's performance in whole or part without terminating this Agreement and contractually or otherwise remedy the failure at costs to be charged to Consultant or offset against Consultant's compensation under this Agreement. In the event of such suspension or other remedy, Consultant’s aggregate liability shall not exceed two hundred percent (200%) of the amount stated in § 16.2.1 above. 16.2.3 If a termination is brought about for the convenience of the STATE and not as a result of unsatisfactory performance on the part of the CONSULTANT, final payment shall be made based on the percentage of work satisfactorily completed by the CONSULTANT, as determined by the STATE. 16.2.4 The New York State Department of Transportation reserves the right to terminate this contract in the event it is found that the certification filed by the Contractor in accordance with the requirements contained in State Finance Laws 139j & 139k was intentionally false or intentionally incomplete. Upon such finding, the New York State Department of Transportation may exercise its termination right by providing written notification to the Contractor in accordance with the written notification terms of the contract.

Suspension or Termination for Cause. NYSDOT may for cause and, unless in NYSDOT's judgment the public interest requires earlier action, upon not less than seven (7) days written notice to Consultant suspend Consultant's performance under this Agreement or terminate this Agreement if Consultant breaches or is in default of any obligation hereunder including those instances enumerated in the Escrow Agreementhereunder, which default is incapable of cure or which, being capable of cure, has not been cured within twenty (20) days after receipt of notice of such default from NYSDOT or within such additional cure period as NYSDOT may may, in its sole discretion, authorize. Consultant shall also be deemed in default if: (i) it fails to make reasonable progress as defined by NYSDOT on the Project in accordance with this Agreement; or (ii) the BDIS System software provided under the contract does not perform in accordance with the requirements of this Agreement, notwithstanding Consultant’s remedial or maintenance efforts; or, (iii) other material violation of this Agreement that significantly endangers substantial performance of the Project. 16.2.1 17.2.1 In the event of the termination of this Agreement for failure of a Project element or component, or in the performance of the BDIS any EAMP System Software or Services during the Warranty Period as stated in §Article 15.1 above, NYSDOT maymay recover from Consultant: (i) recover from Consultant all costs, fees and expenses incurred by NYSDOT to remedy such failure, including for elements which are rendered substantially useless as a result of such failure up to the amount paid to Consultant for the Project element that has so failed; and, (ii) if such failure is integral to the entire BDIS EAMP System Software and Systems, all money paid for the BDIS Software and Systems NYSDOT’s EAMP System as well as associated services. 16.2.2 17.2.2 In the event of the failure of a Project element, or component, or in the performance of the BDIS NYSDOT EAMP System’s Software, Systems or Services during the Warranty Period as stated in §Article 15.1 above, NYSDOT may suspend Consultant's performance in whole or part without terminating this Agreement and contractually or otherwise remedy the failure at costs to be charged to Consultant or offset against Consultant's compensation under this Agreement. In the event of such suspension or other remedy, Consultant’s aggregate liability shall not exceed two hundred percent (200%) of the amount stated in § Article 16.2.1 above. 16.2.3 17.2.3 If a termination is brought about for the convenience of the STATE State and not as a result of unsatisfactory performance on the part of the CONSULTANTConsultant, final payment shall be made based on the percentage of work satisfactorily completed by the CONSULTANTConsultant, as determined by the STATEState. 16.2.4 17.2.4 The New York State Department of Transportation reserves the right to terminate this contract in the event it is found that the certification filed by the Contractor Consultant in accordance with the requirements contained in State Finance Laws 139j & 139k was intentionally false or intentionally incomplete. Upon such finding, the New York State Department of Transportation may exercise its termination right by providing written notification to the Contractor Consultant in accordance with the written notification terms of the contract.

Suspension or Termination for Cause. NYSDOT may for cause and, unless in NYSDOT's judgment the public interest requires earlier action, upon not less than seven (7) days days' written notice to Consultant Consultant, suspend Consultant's performance under this Agreement or terminate this Agreement if Consultant breaches or is in default of any obligation hereunder hereunder, including those instances enumerated in the Escrow Agreement, which default is incapable of cure or which, being capable of cure, has not been cured within twenty (20) days after receipt of notice of such default from NYSDOT or within such additional cure period as NYSDOT may authorize. Consultant shall also be deemed in default if: (i1) it fails to make reasonable progress as defined by NYSDOT on the HOOCS Services Project in accordance with this Agreement; or (ii2) the BDIS HOOCS System does not perform in accordance with the requirements of this Agreement, notwithstanding Consultant’s remedial or maintenance efforts; or, (iiior 3) other material violation of this Agreement that significantly endangers substantial performance of the Project. 16.2.1 In the event of the termination of this Agreement for failure of a Project element or component, or in the performance of the BDIS HOOCS Software or Services during the Warranty Period as stated in §15.1 above, NYSDOT may: (i1) recover from Consultant all costs, fees fees, and expenses incurred by NYSDOT to remedy such failure, including for elements which are rendered substantially useless as a result of such failure failure, up to the amount paid to Consultant for the Project element that has so failed; and, (iiand 2) if such failure is integral to the entire BDIS HOOCS Software and Systems, all money paid for the BDIS HOOCS Software and Systems Systems, as well as associated services. 16.2.2 In the event of the failure of a Project element, element or component, or in the performance of the BDIS HOOCS Software, Systems Systems, or Services during the Warranty Period as stated in §15.1 above, NYSDOT may suspend Consultant's performance performance, in whole or part in part, without terminating this Agreement Agreement, and contractually or otherwise remedy the failure at costs to be charged to Consultant or offset against Consultant's compensation under this Agreement. In the event of such suspension or other remedy, Consultant’s aggregate liability shall not exceed two hundred percent (200%) of the amount stated in § 16.2.1 above. 16.2.3 If a termination is brought about for the convenience of the STATE and not as a result of unsatisfactory performance on the part of the CONSULTANTConsultant, final payment shall be made based on the percentage of work satisfactorily completed by the CONSULTANTConsultant, as determined by the STATE. 16.2.4 The New York State Department of Transportation reserves the right to terminate this contract in the event it is found that the certification filed by the Contractor in accordance with the requirements contained in State Finance Laws Law Sections 139j & 139k was intentionally false or intentionally incomplete. Upon such finding, the New York State Department of Transportation may exercise its termination right by providing written notification to the Contractor in accordance with the written notification terms of the contract.

Suspension or Termination for Cause. NYSDOT may for cause and, unless in NYSDOT's judgment the public interest requires earlier action, upon not less than seven (7) days written notice to Consultant suspend Consultant's performance under this Agreement or terminate this Agreement if Consultant breaches or is in default of any obligation hereunder including those instances enumerated in the Escrow Agreementhereunder, which default is incapable of cure or which, being capable of cure, has not been cured within twenty (20) days after receipt of notice of such default from NYSDOT or within such additional cure period as NYSDOT may may, in its sole discretion, authorize. Consultant shall also be deemed in default if: (i) it fails to make reasonable progress as defined by NYSDOT on the Project in accordance with this Agreement; or (ii) the BDIS System software provided under the contract does not perform in accordance with the requirements of this Agreement, notwithstanding Consultant’s remedial or maintenance efforts; or, (iii) other material violation of this Agreement that significantly endangers substantial performance of the Project. 16.2.1 17.2.1 In the event of the termination of this Agreement for failure of a Project element or component, or in the performance of the BDIS any Traffic Data System Software or Services during the Warranty Period as stated in §Article 15.1 above, NYSDOT maymay recover from Consultant: (i) recover from Consultant all costs, fees and expenses incurred by NYSDOT to remedy such failure, including for elements which are rendered substantially useless as a result of such failure up to the amount paid to Consultant for the Project element that has so failed; and, (ii) if such failure is integral to the entire BDIS Traffic Data System Software and Systems, all money paid for the BDIS Software and Systems NYSDOT’s Traffic Data System as well as associated services. 16.2.2 17.2.2 In the event of the failure of a Project element, or component, or in the performance of the BDIS NYSDOT Traffic Data System’s Software, Systems or Services during the Warranty Period as stated in §Article 15.1 above, NYSDOT may suspend Consultant's performance in whole or part without terminating this Agreement and contractually or otherwise remedy the failure at costs to be charged to Consultant or offset against Consultant's compensation under this Agreement. In the event of such suspension or other remedy, Consultant’s aggregate liability shall not exceed two hundred percent (200%) of the amount stated in § Article 16.2.1 above. 16.2.3 17.2.3 If a termination is brought about for the convenience of the STATE State and not as a result of unsatisfactory performance on the part of the CONSULTANTConsultant, final payment shall be made based on the percentage of work satisfactorily completed by the CONSULTANTConsultant, as determined by the STATEState. 16.2.4 17.2.4 The New York State Department of Transportation reserves the right to terminate this contract in the event it is found that the certification filed by the Contractor Consultant in accordance with the requirements contained in State Finance Laws 139j & 139k was intentionally false or intentionally incomplete. Upon such finding, the New York State Department of Transportation may exercise its termination right by providing written notification to the Contractor Consultant in accordance with the written notification terms of the contract.

Suspension or Termination for Cause. NYSDOT may for cause and, unless in NYSDOT's judgment the public interest requires earlier action, upon not less than seven (7) days days' written notice to Consultant Consultant, suspend Consultant's performance under this Agreement or terminate this Agreement if Consultant breaches or is in default of any obligation hereunder hereunder, including those instances enumerated in the Escrow Agreement, which default is incapable of cure or which, being capable of cure, has not been cured within twenty (20) days after receipt of notice of such default from NYSDOT or within such additional cure period as NYSDOT may authorize. Consultant shall also be deemed in default if: (i1) it fails to make reasonable progress as defined by NYSDOT on the CSMIN Services Project in accordance with this Agreement; or (ii2) the BDIS CSMIN System does not perform in accordance with the requirements of this Agreement, notwithstanding Consultant’s remedial or maintenance efforts; or, (iiior 3) other material violation of this Agreement that significantly endangers substantial performance of the Project. 16.2.1 In the event of the termination of this Agreement for failure of a Project element or component, or in the performance of the BDIS CSMIN Software or Services during the Warranty Period as stated in §Article 15.1 above, NYSDOT may: (i1) recover from Consultant all costs, fees fees, and expenses incurred by NYSDOT to remedy such failure, including for elements which are rendered substantially useless as a result of such failure failure, up to the amount paid to Consultant for the Project element that has so failed; and, (iiand 2) if such failure is integral to the entire BDIS CSMIN Software and Systems, all money paid for the BDIS CSMIN Software and Systems Systems, as well as associated services. 16.2.2 In the event of the failure of a Project element, element or component, or in the performance of the BDIS CSMIN Software, Systems Systems, or Services during the Warranty Period as stated in §Article 15.1 above, NYSDOT may suspend Consultant's performance performance, in whole or part in part, without terminating this Agreement Agreement, and contractually or otherwise remedy the failure at costs to be charged to Consultant or offset against Consultant's compensation under this Agreement. In the event of such suspension or other remedy, Consultant’s aggregate liability shall not exceed two hundred percent (200%) of the amount stated in § 16.2.1 above. 16.2.3 If a termination is brought about for the convenience of the STATE and not as a result of unsatisfactory performance on the part of the CONSULTANTConsultant, final payment shall be made based on the percentage of work satisfactorily completed by the CONSULTANTConsultant, as determined by the STATE. 16.2.4 The New York State Department of Transportation reserves the right to terminate this contract in the event it is found that the certification filed by the Contractor Consultant in accordance with the requirements contained in State Finance Laws Law §§ 139j & 139k was intentionally false or intentionally incomplete. Upon such finding, the New York State Department of Transportation may exercise its termination right by providing written notification to the Contractor Consultant in accordance with the written notification terms of the contract.

Suspension or Termination for Cause. NYSDOT may for cause and, unless in NYSDOT's judgment the public interest requires earlier action, upon not less than seven (7) days written notice to Consultant suspend Consultant's performance under this Agreement or terminate this Agreement if Consultant breaches or is in default of any obligation hereunder including those instances enumerated in the Escrow Agreement, which default is incapable of cure or which, being capable of cure, has not been cured within twenty (20) days after receipt of notice of such default from NYSDOT or within such additional cure period as NYSDOT may may, in its sole discretion, authorize. Consultant shall also be deemed in default if: (i) it fails to make reasonable progress as defined by NYSDOT on the Project in accordance with this Agreement; or (ii) the BDIS ATMS System does not perform in accordance with the requirements of this Agreement, notwithstanding Consultant’s remedial or maintenance efforts; or, (iii) other material violation of this Agreement that significantly endangers substantial performance of the Project. 16.2.1 In the event of the termination of this Agreement for failure of a Project element or component, or in the performance of the BDIS ATMS Software or Services during the Warranty Period as stated in §15.1 above, NYSDOT maymay recover from Consultant: (i) recover from Consultant all costs, fees and expenses incurred by NYSDOT to remedy such failure, including for elements which are rendered substantially useless as a result of such failure up to the amount paid to Consultant for the Project element that has so failed; and, (ii) if such failure is integral to the entire BDIS ATMS Software and Systems, all money paid for the BDIS ATMS Software and Systems as well as associated services. 16.2.2 In the event of the failure of a Project element, or component, or in the performance of the BDIS ATMS Software, Systems or Services during the Warranty Period as stated in §15.1 above, NYSDOT may suspend Consultant's performance in whole or part without terminating this Agreement and contractually or otherwise remedy the failure at costs to be charged to Consultant or offset against Consultant's compensation under this Agreement. In the event of such suspension or other remedy, Consultant’s aggregate liability shall not exceed two hundred percent (200%) of the amount stated in § § 16.2.1 above. 16.2.3 If a termination is brought about for the convenience of the STATE and not as a result of unsatisfactory performance on the part of the CONSULTANT, final payment shall be made based on the percentage of work satisfactorily completed by the CONSULTANT, as determined by the STATE. 16.2.4 The New York State Department of Transportation reserves the right to terminate this contract in the event it is found that the certification filed by the Contractor in accordance with the requirements contained in State Finance Laws 139j & 139k was intentionally false or intentionally incomplete. Upon such finding, the New York State Department of Transportation may exercise its termination right by providing written notification to the Contractor in accordance with the written notification terms of the contract.

Suspension or Termination for Cause. NYSDOT may for cause and, unless in NYSDOT's judgment the public interest requires earlier action, upon not less than seven (7) days written notice to Consultant suspend Consultant's performance under this Agreement or terminate this Agreement if Consultant breaches or is in default of any obligation hereunder including those instances enumerated in the Escrow Agreement, which default is incapable of cure or which, being capable of cure, has not been cured within twenty (20) days after receipt of notice of such default from NYSDOT or within such additional cure period as NYSDOT may may, in its sole discretion, authorize. Consultant shall also be deemed in default if: (i) it fails to make reasonable progress as defined by NYSDOT on the Project in accordance with this Agreement; or (ii) the BDIS ATMS System does not perform in accordance with the requirements of this Agreement, notwithstanding Consultant’s remedial or maintenance efforts; or, (iii) other material violation of this Agreement that significantly endangers substantial performance of the Project. 16.2.1 In the event of the termination of this Agreement for failure of a Project element or component, or in the performance of the BDIS ATMS Software or Services during the Warranty Period as stated in §15.1 above, NYSDOT maymay recover from Consultant: (i) recover from Consultant all costs, fees and expenses incurred by NYSDOT to remedy such failure, including for elements which are rendered substantially useless as a result of such failure up to the amount paid to Consultant for the Project element that has so failed; and, (ii) if such failure is integral to the entire BDIS ATMS Software and Systems, all money paid for the BDIS ATMS Software and Systems as well as associated services. 16.2.2 In the event of the failure of a Project element, or component, or in the performance of the BDIS ATMS Software, Systems or Services during the Warranty Period as stated in §15.1 above, NYSDOT may suspend Consultant's performance in whole or part without terminating this Agreement and contractually or otherwise remedy the failure at costs to be charged to Consultant or offset against Consultant's compensation under this Agreement. In the event of such suspension or other remedy, Consultant’s aggregate liability shall not exceed two hundred percent (200%) of the amount stated in § 16.2.1 above. 16.2.3 If a termination is brought about for the convenience of the STATE and not as a result of unsatisfactory performance on the part of the CONSULTANT, final payment shall be made based on the percentage of work satisfactorily completed by the CONSULTANT, as determined by the STATE. 16.2.4 The New York State Department of Transportation reserves the right to terminate this contract in the event it is found that the certification filed by the Contractor in accordance with the requirements contained in State Finance Laws 139j & 139k was intentionally false or intentionally incomplete. Upon such finding, the New York State Department of Transportation may exercise its termination right by providing written notification to the Contractor in accordance with the written notification terms of the contract.