Termination and Enforcement Clause Samples
The 'Termination and Enforcement' clause defines the conditions under which a contract may be ended and the mechanisms available to ensure compliance with its terms. Typically, this clause outlines the specific events or breaches that can trigger termination, such as non-performance or violation of key obligations, and describes the steps required to enforce rights, which may include legal action or other remedies. Its core function is to provide a clear framework for ending the contractual relationship and to ensure that parties have recourse if the agreement is not honored, thereby managing risk and promoting accountability.
Termination and Enforcement.
a. Any suspension or termination action taken by NSF must be issued by a cognizant NSF Grants and Agreements Officer and will be in accordance with this article, 2 CFR §200.340, and PAPPG Chapter XII.A.
b. The award may be suspended or terminated in whole or in part in any of the following situations:
1. By NSF, if the awardee fails to comply with the terms and conditions of a Federal award;
2. By NSF, to the greatest extent authorized by law, if an award no longer effectuates the program goals or agency priorities;
3. By NSF, with the consent of the awardee, in which case the two parties must agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated;
4. By the awardee upon sending to NSF written notification setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if NSF determines in the case of partial termination that the reduced or modified portion of the NSF award will not accomplish the purposes for which the NSF award was made, NSF may terminate the Federal award in its entirety;
5. By NSF, pursuant to termination provisions included in the NSF award; or
6. By NSF, when ordered by the Deputy Director under NSF’s Regulation on Research Misconduct [45 CFR Part 689].
c. Normally, action by NSF to suspend or terminate an award will be taken only after the awardee has been informed by NSF of any deficiency on its part and given an opportunity to correct it; but NSF may immediately suspend or terminate the award without notice when it believes such action is reasonable to protect the interests of the Government.
d. No costs incurred during a suspension period or after the effective date of a termination will be allowable, except those costs which, in the opinion of NSF, the awardee could not reasonably avoid or eliminate, or which were otherwise authorized by the suspension or termination notice, provided such costs would otherwise be allowable under the terms of the award and the governing cost principles.
e. Within 30 days of the termination date, the awardee will furnish a summary of progress under the award and an itemized accounting of costs incurred prior to the termination date or pursuant to d, above. Final allowable costs under a termination settlement shall be in accordance with the terms of the award, including this article, and the governing cost principles, giving due con...
Termination and Enforcement a. This award may be terminated in whole or in part by the Contracting Officer, if the Consortium materially fails to comply with the terms and conditions of the award. DOE enforcement remedies are contained in 10 CFR 600.352.
b. Subject to a reasonable determination by either party that the project will not produce beneficial results commensurate with the expenditure of resources, that party may terminate in whole or in part the agreement by providing at least 30 days advance written notice to the other party, provided such notice is preceded by consultation between the parties. The two parties will negotiate the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated. If either party determines in the case of partial termination that the reduced or modified portion of the award will not accomplish the purpose for which the award was made, the award may be terminated in its entirety.
c. Unless otherwise negotiated, DOE’s maximum liability is the lesser of: DOE’s share of allowable costs incurred up to the date of termination, or The amount of DOE funds obligated to the TIA.
d. Notwithstanding paragraphs c. of this section, if the award includes milestone payments, the Government has no obligation to pay the Consortium beyond the last completed and paid milestone if the Consortium decides to terminate. Use the Standard Intellectual Property Provisions for Financial Assistance Awards (cooperative agreements) at ▇▇▇▇://▇▇▇.▇▇.▇▇▇.▇▇▇/gcmain.html (click on Intellectual Property & Laboratory Partnering, and then, under DIRECT DOE Transactions, click on Standard Intellectual Property Provisions for DOE Assistance Instruments) , if appropriated for the project. Agreement No.: __________
Termination and Enforcement. This award is subject to 32 CFR 32.61, Termination, and 32.62, Enforcement, and for Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations.
Termination and Enforcement. The removal of, or failure to maintain the BMPs described in the above Project Scope may subject property to an enforcement action, which may include notices of violation, fines and cost recovery in the event that MSD maintains the BMPs. In the event of the occurrence of default, MSD shall provide the Property Owner written notice (by certified, first class, or overnight mail) of default, setting forth the nature of the default, and the time period for the Property Owner to correct said default. If the Property Owner fails or refuses to correct said default within this time period, MSD may institute enforcement procedures provided in the Wastewater / Stormwater Discharge Regulations. The BMPs described in the above Project Scope may only be removed and this agreement terminated if MSD written approval is given. MSD is under no obligation to maintain or repair BMPs, and this Agreement shall not be construed to impose such an obligation on MSD. The Property Owner shall reimburse MSD upon demand the costs incurred in the maintenance or repair of the BMPs. If the Property Owner fails to pay for the above expenses after 30 day written notice, the Property Owner authorizes MSD to collect said expenses from the Property Owner through appropriate legal action and the Property Owner shall be liable for the reasonable expenses of collection, court costs, and attorney fees.
Termination and Enforcement.
a. Any suspension or termination action taken by NSF must be issued by a cognizant NSF Grants and Agreements Officer and will be in accordance with this article, 2 CFR §200.340, and PAPPG Chapter XII.A.
Termination and Enforcement. In the event Tenants default in their performance and fail to remedy the default of any of the provisions herein or fail to comply with any rules, regulations of any governmental authority, it is expressly acknowledged and agreed that Landlord shall be entitled to avail itself of any enforcement action or remedies available at law or in equity, including, but not limited to re-entry and possession of the Premises, peaceably or by force, termination of this Lease and removal of any property without liability for damage to such property and without obligation to store the same. Tenants shall be liable for any additional expenses incurred by Landlord, such as attorney’s fees. LEAD BASED PAINT: Attached to this Lease is a fully executed Disclosure and Acknowledgement of Lead-Based Paint or Lead Based Paint Hazards for Premises built before 1978. Tenants acknowledge receipt of Protect Your Family from Lead in Your Home SEVERABILITY/WAIVER: If any provision is found unenforceable by a court, the remainder of this Lease shall remain in full force. Landlord’s failure to insist strict performance of any provisions or to exercise any remedies shall not be construed as a waiver for the future performance of the covenant or a waiver of Landlord’ right to insist Tenants’ cure of such breach.
Termination and Enforcement. This Agreement shall be terminated on the happening of any of the following events:
(a) If SAFP elects, by giving written notice, to terminate this Agreement; or
(b) With respect to any Affiliate, if such Affiliate ceases to be an affiliate of SAFP for any reason. Notwithstanding the termination of this Agreement, the Parties shall cooperate with and assist ▇▇▇▇▇▇▇ Realty Trust, Inc. and each other Party in the preparation of financial statements, both audited and unaudited, covering all or any portion of the period during which this Agreement is in effect. The Party receiving such cooperation and assistance shall pay all documented costs reasonably incurred by the Party providing such cooperation and assistance.
Termination and Enforcement. This award is subject to 32 CFR 33.43, Enforcement, and 33.44, Termination for Convenience
Termination and Enforcement. The parties agree to eliminate the four-year termination requirement of MOA paragraph 62. The parties further agree that the MOA may terminate on December 31, 2014, subject to the following conditions:
1. The County has maintained one year of substantial compliance with the following substantive paragraphs in sections III through VI of the MOA: 11, 13, 14, 16, 23, 24, 25, 26, 34, 42, 46, 58 and 59. Accordingly, these paragraphs are fully satisfied and shall terminate as of the effective date of this Amendment. Paragraph 59 has been deemed to be substantially compliant in prior Monitoring Reports. The County, consistent with the requirements of paragraph 59, shall continue to provide any newly created or revised policies to the DOJ, for review and approval for the duration of this agreement for any substantive paragraphs that have not yet completed the twelve- month substantial compliance monitoring period.
2. The County must achieve substantial compliance with all remaining substantive paragraphs in sections III through VI of the MOA by December 31, 2013. The County will make all reasonable efforts to comply prior to this date.
3. The MOA, as amended, will terminate when the County: (1) implements all paragraphs in MOA sections III-VI pursuant to paragraph 48, and (2) implements paragraph 73 as set forth in Section IV.A.9. The requirements of paragraph 48 shall not apply to paragraph 73. Should the County fail to implement this Amendement or otherwise fail to satisfy its terms, DOJ reserves the right to initiate a civil action pursuant to CRIPA and/or Section 14141, or take other appropriate enforcement action, to protect the constitutional and federal statutory rights of youth committed or supervised by the County.
Termination and Enforcement. This Agreement is effective until terminated by FHP. You agree that FHP, at its sole discretion, may terminate your access to or use of this FHP Website, at any time and for any reason, including without limitation if FHP believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to use this FHP Website will immediately cease. You agree that any termination of your access to or use of this FHP Website may be effected without prior notice and that FHP may immediately deactivate or delete any user name and/or password used by or provided to you, and all related information and files associated therewith, and/or bar any further access to such information or files. You agree that FHP shall not be liable to you or any third party for any termination of your access to this FHP Website or to any such information or files, and shall not be required to make such information or files available to you after any such termination. FHP reserves the right to takes steps that FHP believes are necessary or appropriate to enforce and/or verify compliance with this Agreement (including without limitation in connection with any legal process relating to your use of this FHP Website and/or a third-party claim that your use of this FHP Website is unlawful or violates such third party's rights).