Common use of Termination and Default Clause in Contracts

Termination and Default. 1. This Agreement may be canceled by the DEPARTMENT in whole or in part at any time the interest of the DEPARTMENT requires such termination. The DEPARTMENT also reserves the right to seek termination or cancellation of this Agreement in the event the AGENCY shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate or cancel this Agreement in the event an assignment is made for the benefit of creditors. This Agreement may be canceled by the AGENCY upon sixty (60) days written notice to the DEPARTMENT. 2. If the DEPARTMENT determines that the performance of the AGENCY is not satisfactory, the DEPARTMENT shall have the option of (a) immediately terminating the Agreement, or (b) notifying the AGENCY of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time, or (c) take whatever action is deemed appropriate by the DEPARTMENT. 3. If the DEPARTMENT requires termination of the Agreement for reasons other than unsatisfactory performance of the AGENCY, the DEPARTMENT shall notify the AGENCY of such termination, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. If the Agreement is terminated before performance is completed, the AGENCY shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress will become the property of the DEPARTMENT and will be turned over promptly by the AGENCY.

Termination and Default. 1. This A. The Department may terminate this Agreement may be canceled by the DEPARTMENT in whole or in part at any time the interest of the DEPARTMENT Department requires such termination. The DEPARTMENT also reserves the right to seek termination or cancellation of this Agreement in the event the AGENCY shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate or cancel this Agreement in the event an assignment is made for the benefit of creditors. This Agreement may be canceled by the AGENCY upon sixty , as follows: (601) days written notice to the DEPARTMENT. 2. If the DEPARTMENT Department determines that the performance of the AGENCY Consultant is not satisfactory, the DEPARTMENT shall have Department may notify the option of (a) immediately terminating the Agreement, or (b) notifying the AGENCY Consultant of the deficiency with a the requirement that the deficiency be corrected within a specified time, otherwise ; but not less than 10 days. Otherwise the Agreement will be terminated at the end of such time, time or thirty (c30) take whatever action days whichever is deemed appropriate by the DEPARTMENTsooner. 3. (2) If the DEPARTMENT Department requires termination of the Agreement for reasons other than unsatisfactory performance of the AGENCYConsultant, the DEPARTMENT shall Department will notify the AGENCY Consultant of such termination, with instructions as to the effective date of termination work stoppage or specify the stage of work at which the Agreement is to be terminated. . (3) If the Agreement is terminated before performance is completed, the AGENCY shall Consultant will be paid only for that the work satisfactorily performed for which costs can performed. Payment is to be substantiated. Such paymenton the basis of substantiated costs, however, may not to exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by the Agreement. B. The Department reserves the right to cancel and terminate this Agreement. All work Agreement in progress will become the property event the Consultant or any employee or agent of the DEPARTMENT Consultant is convicted for any crime arising out of or in conjunction with any work being performed by the Consultant for or on behalf of the Department, without penalty. It is understood and agreed that in the event of such termination, all tracings, plans specifications, computer files, maps, and data prepared or obtained under this Agreement will immediately be turned over promptly by to the AGENCYDepartment . The Department reserves the right to terminate or cancel this Agreement in the event the Consultant will be placed in either voluntary or involuntary bankruptcy or an assignment be made for the benefit of creditors. The Department further reserves the right to suspend the qualifications of the Consultant to do business with the Department upon any such conviction. C. A Consultant is ineligible to enter into a contract with the Department for goods or services of any amount if, at the time of entering into such contract, the Consultant is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel. Section 287.135, Florida Statutes, also prohibits companies from entering into a contract for goods or services of $1 million or more that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes. If the Department determines the Consultant submitted a false certification under Section 287.135 of the Florida Statutes, the Department shall either terminate the Contract after it has given the Consultant notice and an opportunity to demonstrate the Department’s determination of false certification was in error pursuant to Section 287.135 of the Florida Statutes, or maintain the Contract if the conditions of Section 287.135 of the Florida Statutes are met.

Termination and Default. 1. This Agreement may be canceled by the DEPARTMENT in whole or in part at any time the interest of the DEPARTMENT requires such termination. The DEPARTMENT also reserves the right to seek termination or cancellation of this Agreement in the event the AGENCY shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate or cancel this Agreement in the event an assignment is made for the benefit of creditors. This Agreement may be canceled by the AGENCY upon sixty (60) days written notice to the DEPARTMENT. 2. A. If the DEPARTMENT determines that the performance of the AGENCY COUNTY is not satisfactory, the DEPARTMENT shall have the option of (a) immediately terminating the Agreement, or (b) notifying the AGENCY COUNTY of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time, or (c) the DEPARTMENT will take whatever action is deemed appropriate by the DEPARTMENT. 3B. The DEPARTMENT may cancel this Agreement in whole or in part at any time the interest of the DEPARTMENT requires such termination. The DEPARTMENT also reserves the right to terminate or cancel this Agreement in the event the COUNTY shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate or cancel this Agreement in the event of an assignment being made for the benefit of creditors. This Agreement may be canceled by the COUNTY upon (60) sixty days written notice to the DEPARTMENT. C. If the DEPARTMENT requires termination of the Agreement for reasons other than unsatisfactory performance of the AGENCYCOUNTY, the DEPARTMENT shall notify the AGENCY COUNTY of such termination, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. . D. If the Agreement is terminated before performance is completed, the AGENCY COUNTY shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress will become the property of the DEPARTMENT and will be turned over promptly by the AGENCYCOUNTY.

Termination and Default. 1. This A. The Department may terminate this Agreement may be canceled by the DEPARTMENT in whole or in part at any time the interest of the DEPARTMENT Department requires such termination. The DEPARTMENT also reserves the right to seek termination or cancellation of this Agreement in the event the AGENCY shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate or cancel this Agreement in the event an assignment is made for the benefit of creditors. This Agreement may be canceled by the AGENCY upon sixty , as follows: (601) days written notice to the DEPARTMENT. 2. If the DEPARTMENT Department determines that the performance of the AGENCY Consultant is not satisfactory, the DEPARTMENT shall have Department may notify the option of (a) immediately terminating the Agreement, or (b) notifying the AGENCY Consultant of the deficiency with a the requirement that the deficiency be corrected within a specified time, otherwise ; but not less than 10 days. Otherwise the Agreement will be terminated at the end of such time, time or thirty (c30) take whatever action days whichever is deemed appropriate by the DEPARTMENTsooner. 3. (2) If the DEPARTMENT Department requires termination of the Agreement for reasons other than unsatisfactory performance of the AGENCYConsultant, the DEPARTMENT shall Department will notify the AGENCY Consultant of such termination, with instructions as to the effective date of termination work stoppage or specify the stage of work at which the Agreement is to be terminated. . (3) If the Agreement is terminated before performance is completed, the AGENCY shall Consultant will be paid only for that the work satisfactorily performed for which costs can performed. Payment is to be substantiated. Such paymenton the basis of substantiated costs, however, may not to exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by the Agreement. B. The Department reserves the right to cancel and terminate this Agreement. All work Agreement in progress will become the property event the Consultant or any employee or agent of the DEPARTMENT Consultant is convicted for any crime arising out of or in conjunction with any work being performed by the consultant for or on behalf of the Department, without penalty. It is understood and agreed that in the event of such termination, all tracings, plans specifications, computer files, maps, and data prepared or obtained under this Agreement will immediately be turned over promptly by to the AGENCYDepartment . The Department reserves the right to terminate or cancel this Agreement in the event the Consultant will be placed in either voluntary or involuntary bankruptcy or an assignment be made for the benefit of creditors. The Department further reserves the right to suspend the qualifications of the Consultant to do business with the Department upon any such conviction. C. A Consultant is ineligible to enter into a contract with the Department for goods or services of any amount if, at the time of entering into such contract, the Consultant is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel. Section 287.135, Florida Statutes, also prohibits companies from entering into a contract for goods or services of $1 million or more that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes. If the Department determines the Consultant submitted a false certification under Section 287.135 of the Florida Statutes, the Department shall either terminate the Contract after it has given the Consultant notice and an opportunity to demonstrate the Department’s determination of false certification was in error pursuant to Section 287.135 of the Florida Statutes, or maintain the Contract if the conditions of Section 287.135 of the Florida Statutes are met.

Termination and Default. 1. A. This Agreement may be canceled by the DEPARTMENT in whole or in part at any time the interest of the DEPARTMENT requires such termination. The DEPARTMENT also reserves the right to seek termination or cancellation of this Agreement in the event the AGENCY LOCAL GOVERNMENT shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate or cancel this Agreement in the event an assignment is made for the benefit of creditors. This Agreement may be canceled by the AGENCY LOCAL GOVERNMENT upon sixty (60) days written notice to the DEPARTMENT. 2. B. If the DEPARTMENT determines that the performance of the AGENCY LOCAL GOVERNMENT is not satisfactory, the DEPARTMENT shall have the option of (a) immediately terminating the Agreement, or (b) notifying the AGENCY LOCAL GOVERNMENT of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such specified time, or (c) take taking whatever action is deemed appropriate by the DEPARTMENT. 3. C. If the DEPARTMENT requires termination of the Agreement for reasons other than unsatisfactory performance of the AGENCYLOCAL GOVERNMENT, the DEPARTMENT shall notify the AGENCY LOCAL GOVERNMENT of such termination, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. . D. If the Agreement is terminated before performance is completed, the AGENCY LOCAL GOVERNMENT shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress will become the property of the DEPARTMENT and will be turned over promptly by the AGENCYLOCAL GOVERNMENT.

Termination and Default. 1. (a) This Agreement may be canceled terminated by the DEPARTMENT CITY in whole or in part at any time such termination is in the best interest of the DEPARTMENT requires such terminationCITY. The DEPARTMENT CITY also reserves the right to seek termination or cancellation of this Agreement Agreement, as amended, in the event the AGENCY CONTRACTOR shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT CITY further reserves the right to terminate or cancel this Agreement in the event the CONTRACTOR makes an assignment is made for the benefit of creditors. This Agreement may be canceled terminated by the AGENCY upon sixty (60) days written notice to the DEPARTMENTCONTRACTOR only by mutual consent of both parties. 2. (b) If the DEPARTMENT CITY determines that the performance of the AGENCY CONTRACTOR is not satisfactory, the DEPARTMENT CITY shall have the option of (a) immediately terminating the Agreement, or (b) notifying the AGENCY CONTRACTOR of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time, or . The CONTRACTOR shall be paid only for that work satisfactorily performed for which costs can be substantiated. All work in progress will become the property of the CITY and will be promptly delivered to the CITY by the CONTRACTOR. (c) take whatever action is deemed appropriate by the DEPARTMENT. 3. If the DEPARTMENT CITY requires termination of the this Agreement for reasons other than unsatisfactory performance of the AGENCYCONTRACTOR, the DEPARTMENT CITY shall notify the AGENCY CONTRACTOR in writing of such termination, with instructions as to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. If the Agreement is terminated before performance is completed, the AGENCY The CONTRACTOR shall be paid only entitled to compensation for all services rendered or performed pursuant to any fully authorized Work Assignment through the date of termination, together with all authorized costs and expenses incurred in connection therewith provided the CITY has given the CONTRACTOR written notice ten (10) days in advance of the date of such termination and provided that work satisfactorily performed for which services rendered and costs can be substantiated. Such payment, however, may and expenses incurred do not exceed an the maximum amount which is of compensation authorized for any phase of work based upon the same percentage of the contract phase completed, or where applicable, any price as the amount of work satisfactorily completed is established for a percentage of the total work called for by this Agreement. All work in progress will become the property of the DEPARTMENT and will be turned over promptly by the AGENCYspecific task.

Termination and Default. 1. This (a) If the Company terminates this Agreement may be canceled by and the DEPARTMENT in whole or in part engagement of the Manager at any time without cause, or defaults in the interest observation of any term or condition hereof, then in either case this Agreement shall he deemed to be terminated and the Company shall then be immediately obligated to provide the Manager with a severance payment in lieu of notice. Such severance payment shall be payable on the fifth day following the date of the DEPARTMENT requires such termination. The DEPARTMENT also reserves the right to seek notice of termination or cancellation default as the case may be and shall consist of the following: (i) the Manager's full compensation through to the date of termination, including all amounts due under Section 3(b), plus a lump sum payment equal to the balance of the Fees which would otherwise have been paid to the Manager for the remainder of the Term; and (ii) a covenant from the Company to the effect that the Manager's options on shares of the Company shall remain in full force and effect for the balance of the term of such options in accordance with Section 3(e). Termination of this Agreement in accordance with this Section and compliance by the event Company with the AGENCY provisions of clauses (i) and (ii) of this Section 4(a) shall be placed in either voluntary relieve the Company from any and all obligation, liability or involuntary bankruptcy. The DEPARTMENT further reserves claim by the right Manager, exclusive of monies owing to terminate or cancel the Manager up to the date of such termination pursuant to this Agreement Section 4 provided that in the event an assignment is made for that the benefit Company defaults in the payment of creditors. This Agreement the amounts or observation of any of its covenants under this Section 4, then all remaining consideration payable to the Manager would be immediately accelerated and a consent to a default judgment would be entered against the Company in connection with any proceedings required to be commenced by the Manager in order to enforce its rights hereunder. (b) On the termination of his engagement the Manager will deliver to the Company all documents, financial statements, records, plans, drawings and papers of every nature in any way relating to the affairs of the Company and its associated or affiliated companies which may be canceled in his possession or under his control. (c) If the Manager should die during the period of his engagement hereunder, termination of his engagement shall be deemed to have been effected by the AGENCY upon Company and the provisions of Section 4(a) shall apply. In such event, any payment to be made to the Manager pursuant to this Agreement shall be paid to the legal representatives of the Manager provided the Company has received notice of claim from the Manager's legal representative within sixty (60) days written notice of the Manager's death, provided further that any outstanding stock options shall continue to be exercisable by the DEPARTMENTlegal representatives of the Manager until the earlier of the expiry date of the options and twelve (12) months following the date of death of the Manager. 2. If (d) The Manager shall not be required to mitigate the DEPARTMENT determines that amount of any payments provided for under any paragraph of this Section by seeking other employment or otherwise nor shall the performance amount of the AGENCY is not satisfactory, the DEPARTMENT shall have the option of (a) immediately terminating the Agreement, or (b) notifying the AGENCY of the deficiency with a requirement that the deficiency any payment provided for in this Section be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time, or (c) take whatever action is deemed appropriate reduced by any compensation earned by the DEPARTMENT. 3. If Manager as the DEPARTMENT requires termination result of employment by another employer after the Agreement for reasons other than unsatisfactory performance of the AGENCY, the DEPARTMENT shall notify the AGENCY of such termination, with instructions to the effective date of termination or specify the stage otherwise. (e) On termination of work at which the this Agreement is to be terminated. If the Agreement is terminated before performance is completed, the AGENCY shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work Sections 3(e) and 13(a) will survive and continue in progress will become the property of the DEPARTMENT full force and will be turned over promptly by the AGENCYeffect in accordance with their terms.

Termination and Default. 1. This A. The Department may terminate this Agreement may be canceled by the DEPARTMENT in whole or in part at any time the interest of the DEPARTMENT Department requires such termination. The DEPARTMENT also reserves the right to seek termination or cancellation of this Agreement in the event the AGENCY shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate or cancel this Agreement in the event an assignment is made for the benefit of creditors. This Agreement may be canceled by the AGENCY upon sixty , as follows: (601) days written notice to the DEPARTMENT. 2. If the DEPARTMENT Department determines that the performance of the AGENCY Consultant is not satisfactory, the DEPARTMENT shall have Department may notify the option of (a) immediately terminating the Agreement, or (b) notifying the AGENCY Consultant of the deficiency with a the requirement that the deficiency be corrected within a specified time, otherwise ; but not less than 10 days. Otherwise the Agreement will be terminated at the end of such time, time or thirty (c30) take whatever action days whichever is deemed appropriate by the DEPARTMENTsooner. 3. (2) If the DEPARTMENT Department requires termination of the Agreement for reasons other than unsatisfactory performance of the AGENCYConsultant, the DEPARTMENT shall Department will notify the AGENCY Consultant of such termination, with instructions as to the effective date of termination work stoppage or specify the stage of work at which the Agreement is to be terminated. . (3) If the Agreement is terminated before performance is completed, the AGENCY shall Consultant will be paid only for that the work satisfactorily performed for which costs can performed. Payment is to be substantiated. Such paymenton the basis of substantiated costs, however, may not to exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by the Agreement. B. The Department reserves the right to cancel and terminate this Agreement. All work Agreement in progress will become the property event the Consultant or any employee or agent of the DEPARTMENT Consultant is convicted for any crime arising out of or in conjunction with any work being performed by the Consultant for or on behalf of the Department, without penalty. It is understood and agreed that in the event of such termination, all tracings, plans specifications, computer files, maps, and data prepared or obtained under this Agreement will immediately be turned over promptly by to the AGENCYDepartment . The Department reserves the right to terminate or cancel this Agreement in the event the Consultant will be placed in either voluntary or involuntary bankruptcy or an assignment be made for the benefit of creditors. The Department further reserves the right to suspend the qualifications of the Consultant to do business with the Department upon any such conviction. C. A Consultant is ineligible to enter into a contract with the Department for goods or services of any amount if, at the time of entering into such contract, the Consultant is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel. Section 287.135, Florida Statutes, also prohibits companies from entering into a contract for goods or services of $1 million or more that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes. If the Department determines the Consultant submitted a false certification under Section 287.135 of the Florida Statutes, the Department shall either terminate the Contract after it has given the Consultant notice and an opportunity to demonstrate the Department’s determination of false certification was in error pursuant to Section 287.135 of the Florida Statutes, or maintain the Contract if the conditions of Section 287.135 of the Florida Statutes are met. X. Xxxxxxxx to Section 908.111, F.S., the Department may not execute, amend, or renew a contract with a common carrier or contracted carrier, if the carrier is willfully providing any service in furtherance of transporting a person into the State of Florida, with knowledge that the person is an unauthorized alien, except to facilitate the detention, removal, or departure of the person from this state or the United States. Pursuant to Section 908.111, F.S., the Vendor represents that the Vendor is a carrier with which the Department may enter this Agreement or is not a carrier defined in and subject to Section 908.111, F.S. The Department may terminate this Agreement upon receipt of knowledge or information that the Vendor is a carrier with which the Department is prohibited from contracting with under Section 908.111, F.S. Such termination shall be effective on the date of written notice to the Vendor.

Termination and Default. 1. A. This Agreement may be canceled by the DEPARTMENT in whole or in part part, at any time the interest of the DEPARTMENT requires such termination. The DEPARTMENT also reserves the right to seek termination or cancellation of this Agreement in the event the AGENCY LOCAL GOVERNMENT shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate or cancel this Agreement in the event an assignment is made for the benefit of creditors. This Agreement may be canceled by the AGENCY upon sixty (60) days written notice to the DEPARTMENT. 2. B. If the DEPARTMENT determines that the performance of the AGENCY LOCAL GOVERNMENT is not satisfactory, the DEPARTMENT shall have the option of (a) immediately terminating the Agreement, or (b) notifying the AGENCY LOCAL GOVERNMENT of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time, or (c) take taking whatever action is deemed appropriate by the DEPARTMENT. 3. C. If the DEPARTMENT requires termination of the Agreement for reasons other than unsatisfactory performance of the AGENCYLOCAL GOVERNMENT, the DEPARTMENT shall notify the AGENCY LOCAL GOVERNMENT of such termination, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. . D. If the Agreement is terminated before performance is completed, the AGENCY LOCAL GOVERNMENT shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress will become the property of the DEPARTMENT and will be turned over promptly by the AGENCYLOCAL GOVERNMENT.

Termination and Default. 1. This A. The Department may terminate this Agreement may be canceled by the DEPARTMENT in whole or in part at any time the interest of the DEPARTMENT Department requires such termination. The DEPARTMENT also reserves the right to seek termination or cancellation of this Agreement in the event the AGENCY shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate or cancel this Agreement in the event an assignment is made for the benefit of creditors. This Agreement may be canceled by the AGENCY upon sixty (60) days written notice to the DEPARTMENT., as follows: 21. If the DEPARTMENT Department determines that the performance of the AGENCY Consultant is not satisfactory, the DEPARTMENT shall have Department may notify the option of (a) immediately terminating the Agreement, or (b) notifying the AGENCY Consultant of the deficiency with a the requirement that the deficiency be corrected within a specified time, otherwise ; but not less than 10 days. Otherwise the Agreement will be terminated at the end of such time, time or thirty (c30) take whatever action days whichever is deemed appropriate by the DEPARTMENTsooner. 32. If the DEPARTMENT Department requires termination of the Agreement for Agreementfor reasons other than unsatisfactory performance of the AGENCYConsultant, the DEPARTMENT shall Department will notify the AGENCY Consultant of such termination, with instructions as to the effective date of termination work stoppage or specify the stage of work at which the Agreement is to be terminated. 3. If the Agreement is terminated before performance is completed, the AGENCY shall Consultant will be paid only for that the work satisfactorily performed for which costs can performed. Payment is to be substantiated. Such paymenton the basis of substantiated costs, however, may not to exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by the Agreement. 2. The Department reserves the right to cancel and terminate this Agreement. All work Agreement in progress will become the property event the Consultant or any employee or agent of the DEPARTMENT Consultant is convicted for any crime arising out of or in conjunction with any work being performed by the consultant for or on behalf of the Department, without penalty. It is understood and agreed that in the event of such termination, all tracings, plans specifications, computer files, maps, and data prepared or obtained under this Agreement will immediately be turned over promptly by to the AGENCYDepartment . The Department reserves the right to terminate or cancel this Agreement in the event the Consultant will be placed in either voluntary or involuntary bankruptcy or an assignment be made for the benefit of creditors. The Department further reserves the right to suspend the qualifications of the Consultant to do business with the Department upon any such conviction.

Termination and Default. 1. A. This Agreement may be canceled cancelled by the DEPARTMENT in whole or in part at any time the interest of the DEPARTMENT requires such termination. The DEPARTMENT also reserves the right to seek termination or cancellation of this Agreement in the event the AGENCY LOCAL GOVERNMENT shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate or cancel this Agreement in the event an assignment is made for the benefit of creditors. This Agreement contract may be canceled cancelled by the AGENCY LOCAL GOVERNMENT upon sixty (60) days written notice to the DEPARTMENT. 2. B. If the DEPARTMENT determines that the performance of the AGENCY LOCAL GOVERNMENT is not satisfactory, the DEPARTMENT shall have the option of (a) immediately terminating the Agreement, or (b) notifying the AGENCY LOCAL GOVERNMENT of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time, or (c) take taking whatever action is deemed appropriate by the DEPARTMENT. 3. C. If the DEPARTMENT requires termination of the Agreement for reasons other than unsatisfactory performance of the AGENCYLOCAL GOVERNMENT, the DEPARTMENT shall notify the AGENCY LOCAL GOVERNMENT of such termination, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. . D. If the Agreement is terminated before performance is completed, the AGENCY LOCAL GOVERNMENT shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress will become the property of the DEPARTMENT and will be turned over promptly by the AGENCYLOCAL GOVERNMENT.

Termination and Default. 1. A. This Agreement may be canceled by the DEPARTMENT in whole or in part at any time the interest of the DEPARTMENT requires such termination. The DEPARTMENT also reserves the right to seek termination or cancellation of this Agreement in the event the AGENCY LOCAL GOVERNMENT shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate or cancel this Agreement in the event an assignment is made for the benefit of creditors. This Agreement may be canceled by the AGENCY upon sixty (60) days written notice to the DEPARTMENT. 2. B. If the DEPARTMENT determines that the performance of the AGENCY LOCAL GOVERNMENT is not satisfactory, the DEPARTMENT shall have the option of (a) immediately terminating the Agreement, or (b) notifying the AGENCY LOCAL GOVERNMENT of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time, or (c) take taking whatever action is deemed appropriate by the DEPARTMENT. 3. C. If the DEPARTMENT requires termination of the Agreement for reasons other than unsatisfactory performance of the AGENCYLOCAL GOVERNMENT, the DEPARTMENT shall notify the AGENCY LOCAL GOVERNMENT of such termination, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. . D. If the Agreement is terminated before performance is completed, the AGENCY LOCAL GOVERNMENT shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress will become the property of the DEPARTMENT and will be turned over promptly by the AGENCYLOCAL GOVERNMENT.

Termination and Default. 1. This Agreement may be canceled by the DEPARTMENT in whole or in part at any time the interest of the DEPARTMENT requires such termination. The DEPARTMENT also reserves the right to seek termination or cancellation of this Agreement in the event the AGENCY shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate or cancel this Agreement in the event an assignment is made for the benefit of creditors. This Agreement may be canceled by the AGENCY upon sixty (60) days written notice to the DEPARTMENT. 2. a. If the DEPARTMENT determines that the performance of the AGENCY CITY is not satisfactory, the DEPARTMENT shall have the option of (a) immediately terminating the Agreement, or (b) notifying the AGENCY CITY of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement AGREEMENT will be terminated at the end of such time, or (c) the DEPARTMENT will take whatever action is deemed appropriate by the DEPARTMENT. 3b. The DEPARTMENT may cancel this AGREEMENT in whole or in part at any time the interest of the DEPARTMENT requires such termination. The DEPARTMENT also reserves the right to terminate or cancel this AGREEMENT in the event the CITY shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate or cancel this AGREEMENT in the event of an assignment being made for the benefit of creditors. This AGREEMENT may be canceled by the CITY upon (60) sixty days written notice to the DEPARTMENT. c. If the DEPARTMENT requires termination of the Agreement AGREEMENT for reasons other than unsatisfactory performance of the AGENCYCITY, the DEPARTMENT shall notify the AGENCY CITY of such termination, with instructions to the effective date of termination or specify the stage of work at which the Agreement AGREEMENT is to be terminated. . d. If the Agreement AGREEMENT is terminated before performance is completed, the AGENCY CITY shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this AgreementAGREEMENT. All work in progress on DEPARTMENT right of way will become the property of the DEPARTMENT and will be turned over promptly by the AGENCYCITY.

Termination and Default. 1. This A. The Department may terminate this Agreement may be canceled by the DEPARTMENT in whole or in part at any time the interest of the DEPARTMENT Department requires such termination. The DEPARTMENT also reserves the right to seek termination or cancellation of this Agreement in the event the AGENCY shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate or cancel this Agreement in the event an assignment is made for the benefit of creditors. This Agreement may be canceled by the AGENCY upon sixty (60) days written notice to the DEPARTMENT., as follows: 21. If the DEPARTMENT Department determines that the performance of the AGENCY Consultant is not satisfactory, the DEPARTMENT shall have Department may notify the option of (a) immediately terminating the Agreement, or (b) notifying the AGENCY Consultant of the deficiency with a the requirement that the deficiency be corrected within a specified time, otherwise ; but not less than 10 days. Otherwise the Agreement will be terminated at the end of such time, time or thirty (c30) take whatever action days whichever is deemed appropriate by the DEPARTMENTsooner. 32. If the DEPARTMENT Department requires termination of the Agreement for reasons other than unsatisfactory performance of the AGENCYConsultant, the DEPARTMENT shall Department will notify the AGENCY Consultant of such termination, with instructions as to the effective date of termination work stoppage or specify the stage of work at which the Agreement is to be terminated. 3. If the Agreement is terminated before performance is completed, the AGENCY shall Consultant will be paid only for that the work satisfactorily performed for which costs can performed. Payment is to be substantiated. Such paymenton the basis of substantiated costs, however, may not to exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by the Agreement. 2. The Department reserves the right to cancel and terminate this Agreement. All work Agreement in progress will become the property event the Consultant or any employee or agent of the DEPARTMENT Consultant is convicted for any crime arising out of or in conjunction with any work being performed by the consultant for or on behalf of the Department, without penalty. It is understood and agreed that in the event of such termination, all tracings, plans specifications, computer files, maps, and data prepared or obtained under this Agreement will immediately be turned over promptly by to the AGENCYDepartment . The Department reserves the right to terminate or cancel this Agreement in the event the Consultant will be placed in either voluntary or involuntary bankruptcy or an assignment be made for the benefit of creditors. The Department further reserves the right to suspend the qualifications of the Consultant to do business with the Department upon any such conviction.