Common use of Suspension or Termination Clause in Contracts

Suspension or Termination. In the event that SUBRECIPIENT fails to comply with any term of this Agreement, the CITY may suspend or terminate this Agreement, in whole or in part, or take other remedial action in accordance with 24 CFR 85.43. The CITY may also terminate this Agreement for convenience in accordance with 24 CFR 85.44. Either party may terminate this Agreement for convenience by giving a minimum of thirty (30) days written notice to the other party. In the event of any termination for convenience, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports or other materials prepared by SUBRECIPIENT under this Agreement shall, at the option of the CITY, become the property of the CITY, and SUBRECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to termination if such efforts were to be initially compensated. Furthermore, funding to be made available by the CITY under this Agreement has been approved by the U.S. Congress. In the event that sufficient funds are not appropriated, at the sole discretion of the CITY, this Agreement may be terminated in whole or in part. In the event of termination of this Agreement by the CITY, due to SUBRECIPIENT noncompliance as set forth above, CITY shall recapture all unexpended monies provided under this Agreement. At the CITY’s discretion, SUBRECIPIENT may also be required to refund all funds awarded during the period of this Agreement that have already been spent by SUBRECIPIENT and reimbursed by the CITY which are/were spent in connection with or pursuant to the noncompliance at issue or otherwise spent in connection with the specific project where the noncompliance occurred. Should the CITY desire to terminate this Agreement for noncompliance, it shall first give written notice of the reason for proposed termination. The notice shall set forth the following: a. Reasonable description of the default/reason for termination; b. Demand for a cure; and c. Statement of reasonable time within which a cure must be affected. Such reasonable time will be presumed to be not less than five, nor more than fifteen business days. Such times shall be measured from the actual receipt of said notice. If the Non-profit SUBRECIPIENT cures the default within a reasonable period of time set forth in the notice, or as otherwise agreed between the parties, the CITY shall not terminate this Agreement and the written notice of proposed termination shall be deemed revoked, null and void.

Suspension or Termination. In the event that SUBRECIPIENT fails to comply with any term of this Agreement, the CITY may suspend or terminate this Agreement, in whole or in part, or take other remedial action in accordance with 24 2 CFR 85.43200. The CITY may also terminate this Agreement for convenience in accordance with 24 2 CFR 85.44200. Either party may terminate this Agreement for convenience by giving a minimum of thirty (30) days written notice to the other party. In the event of any termination for convenience, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports or other materials prepared by SUBRECIPIENT under this Agreement shall, at the option of the CITY, become the property of the CITY, and SUBRECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to termination if such efforts were to be initially compensated. Furthermore, funding to be made available by the CITY under this Agreement has been approved by the U.S. Congress. In the event that sufficient funds are not appropriated, at the sole discretion of the CITY, this Agreement may be terminated in whole or in part. In the event of termination of this Agreement by the CITY, due to SUBRECIPIENT noncompliance as set forth above, CITY shall recapture all unexpended monies provided under this Agreement. At the CITY’s discretion, SUBRECIPIENT may also be required to refund all funds awarded during the period of this Agreement that have already been spent by SUBRECIPIENT and reimbursed by the CITY which are/were spent in connection with or pursuant to the noncompliance at issue or otherwise spent in connection with the specific project where the noncompliance occurred. Should the CITY desire to terminate this Agreement for noncompliance, it shall first give written notice of the reason for proposed termination. The notice shall set forth the following: a. Reasonable description of the default/reason for termination; b. Demand for a cure; and c. Statement of reasonable time within which a cure must be affected. Such reasonable time will be presumed to be not less than five, nor more than fifteen business days. Such times shall be measured from the actual receipt of said notice. If the Non-profit SUBRECIPIENT cures the default within a reasonable period of time set forth in the notice, or as otherwise agreed between the parties, the CITY shall not terminate this Agreement and the written notice of proposed termination shall be deemed revoked, null and void.