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.”
Appears in 2 contracts
Samples: Services Agreement, Services Agreement
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 termination to maintain the orderly progress of, and to finish the Services; or (b) finish the Services by whatever other reasonable method City deems expedient.
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.Section
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.”
Appears in 1 contract
Samples: Services Agreement
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 termination to maintain the orderly progress of, and to finish the Services; or (b) finish the Services by whatever other reasonable method City deems expedient.
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.”
Appears in 1 contract
Samples: Services Agreement