Termination by City for Cause. City shall have the right to terminate this Agreement immediately, in whole or in part, upon the failure of Contractor to carry out any obligation, term, or condition of this Agreement. City’s election to terminate the Agreement for default shall be communicated by providing Contractor written notice of termination in the manner specified for the giving of notices herein. Any notice of termination given to Contractor by City shall be effective immediately, unless otherwise provided therein, upon the occurrence of any one or more of the following events:
(1) Contractor fails to timely and properly perform any of the services set forth in the specifications of the Agreement;
(2) Contractor provides material that does not meet the specifications of the Agreement;
(3) Contractor fails to complete the work required within the time stipulated in the Agreement; or
(4) Contractor fails to make progress in the performance of the Agreement and/or gives City reason to believe that Contractor cannot or will not perform to the requirements of the Agreement.
Termination by City for Cause. City shall have the right to terminate this Agreement immediately, in whole or in part, upon the failure of Vendor to carry out any obligation, term, or condition of this Agreement. City’s election to terminate the Agreement for default shall be communicated by providing Vendor written notice of termination in the manner specified for the giving of notices herein. Any notice of termination given to Vendor by City shall be effective immediately, unless otherwise provided therein, upon the occurrence of any one or more of the following events:
(1) Vendor fails to timely and properly perform any of the services set forth in the specifications of the Agreement;
(2) Vendor provides product that does not meet the specifications of the Agreement;
(3) Product furnished by Vendor is otherwise found to be unsatisfactory;
(4) Vendor fails to complete the work required within the time stipulated in the Agreement; or
(5) Vendor fails to make progress in the performance of the Agreement and/or gives City reason to believe that Vendor cannot or will not perform to the requirements of the Agreement.
Termination by City for Cause. The City may terminate this Agreement for cause at any time by providing Employee with five (5) business days’ written notice of the termination for cause and the facts and grounds constituting such cause. The term “cause” shall be defined to include any misconduct materially related to performance of official duties, including but not be limited to any of the following: 1) Breach of this Agreement, 2) Willful or persistent material breach of duties, 3) Résumé fraud or other acts of material dishonesty, 4) Unauthorized absence or leave, 5) Conviction of a misdemeanor involving moral turpitude (i.e., offenses contrary to justice, honesty, or morality) or conviction of a felony under California law,
Termination by City for Cause. City may at its option, by giving written notice to Service Provider, terminate this Agreement or any Task Order:
(a) for a material breach of the Contract Documents by Service Provider that is not cured by Service Provider within seven (7) days of the date on which City provides written notice of such breach;
(b) immediately for a material breach of the Contract Documents by Service Provider that is not reasonably curable within seven (7) days;
(c) immediately upon written notice for numerous breaches of the Contract Documents by Service Provider that collectively constitute a material breach or reasonable grounds for insecurity concerning Service Provider's performance; or
(d) immediately for engaging in behavior that is dishonest, fraudulent or constitutes a conflict of interest with Service Provider's obligations under this Agreement or is in violation of any City Ethics Ordinances.
Termination by City for Cause. The City may terminate this Agreement for cause at any time by providing Employee with five (5) business days’ written notice of the termination for cause and the facts and grounds constituting such cause. The term “cause” shall be defined to include any misconduct materially related to performance of official duties, including but not be limited to any of the following: 1) Breach of this Agreement, 2) Willful or persistent material breach of duties, 3) Résumé fraud or other acts of material dishonesty, 4) Unauthorized absence or leave, 5) Conviction of a misdemeanor involving moral turpitude (i.e., offenses contrary to justice, honesty, or morality) or conviction of a felony under California law, 6) Violation of the City’s anti-harassment policies and/or a finding that legally prohibited personal acts of harassment against a City official or employee or legally prohibited personal acts of discrimination against a City official or employee has occurred, 7) Violation of the City’s Municipal Code, Ordinances, Rules, and Regulations, including but not limited to the City’s Personnel Rules, 8) Use or possession of illegal drugs, 9) Engaging in conduct tending to bring embarrassment or disrepute to the City, 10) Any illegal or unethical act involving personal gain, 11) A pattern of repeated, willful and intentional failure to carry out materially significant and legally constituted direction or policy decisions of the City Manager, 12) Gross misfeasance or gross malfeasance, and 13) “abuse of office or position” as defined in Government Code §53243.4 (i.e., waste, fraud, and violation of the law under color of authority and crimes against public justice, including crimes involving bribery and corruption). For any of the foregoing, the City may, in its discretion, place Employee on paid or unpaid administrative leave until resolution. If the City terminates for cause this Agreement and the services of Employee hereunder, the City shall have no obligation to pay severance.
Termination by City for Cause. In the event of a default by Contractor and if City elects to terminate this Agreement and the Services, then City shall give written notice of termination to Contractor specifying the date of termination. City may, at its option, (a) take possession of work performed by Contractor as of the date of
5.1.1 If the unpaid balance of Contractor’s compensation under Section 2 “Compensation” for Services performed prior to the effective date of termination exceeds the cost of finishing the Services and any other extra costs or damages incurred by City in completing the Services, or otherwise as a result of Contractor’s default, such excess shall be paid to Contractor. If such costs exceed the unpaid balance of Contractor’s compensation for Services performed prior to the effective date of termination, Contractor shall pay the difference to City. These obligations for payment survive termination.
5.1.2 Termination of this Agreement and the Services in accordance with this Section 5.1 shall not relieve Contractor [DELETE THIS PHRASE IF NOT APPLICABLE “or its surety”] of any responsibilities for Services performed.
5.1.3 If City terminates this Agreement for default under this Section 5.1 and it is later determined that Contractor was not in default, then such termination shall be deemed a termination for convenience pursuant to Section 5.2 “Termination by City for Convenience.”
Termination by City for Cause. CITY may, in its sole and absolute discretion, by written notice of default to the DESIGN-BUILDER, terminate all or any part of this AGREEMENT if (a) the DESIGN-BUILDER fails to perform the Services described herein, within the time specified herein or any extension hereof; or (b) if the DESIGN-BUILDER fails to satisfy any of the other provisions of the AGREEMENT, or so fails to make progress as to endanger performance of this AGREEMENT in accordance with its terms; and in either of these two circumstances does not cure such failure within a period of ten (10) days (or such longer period as CITY may in its sole discretion authorize in a writing signed by CITY) after receipt of notice from CITY specifying such failure. In the event that CITY elects to waive its remedies for any breach by the DESIGN-BUILDER of any covenant, term or condition of this AGREEMENT, such waiver by CITY shall not limit CITY’s remedies for any succeeding breach of that or of any other term, covenant, or condition of this AGREEMENT.
Termination by City for Cause. City shall have the right to terminate this Agreement immediately, in whole or in part, upon the failure of Contractor to carry out any obligation, term, or condition of this Agreement. City’s election to terminate the Agreement for default shall be communicated by providing Contractor written notice of termination in the manner specified for the giving of notices herein. Any notice of termination given to Contractor by City shall be effective immediately, unless otherwise provided therein, upon the occurrence of any one or more of the following events:
(1) Contractor fails to timely and properly perform or complete any of the services set forth in the specifications of the Agreement;
(2) Contractor provides material that does not meet the specifications of the Agreement;
(3) Contractor fails to complete the work required within the time stipulated in the Agreement; or
(4) Contractor fails to make progress in the performance of the Agreement and/or gives City reason to believe that Contractor cannot or will not perform to the requirements of the Agreement; or
(5) Contractor fails to have available staff on site and prepared to begin work within two (2) hours notification of any work deemed to be an “emergency,” to include all storm related emergencies.
Termination by City for Cause. The CITY may terminate this AGREEMENT at any time by providing EMPLOYEE with five (5) business days’ written notice of the termination for cause and the facts and grounds constituting such cause. The term “cause” shall be defined to include any misconduct materially related to performance of official duties, including but not be limited to any of the following: 1) breach of this AGREEMENT, 2) willful or persistent material breach of duties, 3) résumé fraud or other acts of material dishonesty, 4) unauthorized absence or leave, 5) conviction of a misdemeanor involving moral turpitude (i.e., offenses contrary to justice, honesty, or morality), conviction of a misdemeanor DUI, or conviction of a felony under California law (the CITY may, in its discretion, place EMPLOYEE on paid or unpaid administrative leave until resolution of charges brought against EMPLOYEE),
Termination by City for Cause. City shall have the right to terminate this Agreement immediately, in whole or in part, upon the failure of Vendor to carry out any obligation, term, or condition of this Agreement. City’s election to terminate the Agreement for default shall be communicated by providing Vendor written notice of termination in the manner specified for the giving of notices herein. Any notice of termination given to Vendor by City shall be effective immediately, unless otherwise provided therein, upon the occurrence of any one or more of the following events:
(1) Vendor fails to timely and properly perform any of the services set forth in the specifications of the Agreement;
(2) Vendor fails to complete the work required within the time stipulated in the Agreement; or
(3) Vendor fails to make progress in the performance of the Agreement and/or gives City reason to believe that Vendor cannot or will not perform to the requirements of the Agreement.
