Termination by City for Convenience. 1. CITY may, at any time, terminate the Agreement for CITY’s convenience and without cause.
2. Upon receipt of written notice from CITY of such termination for CITY’s convenience, CONSULTANT will:
Termination by City for Convenience. At any time during the Term of this Agreement or any issued Task Order, City may terminate this Agreement or the Task Order for convenience upon fourteen (14) days written notice of such termination. Upon a termination for convenience, Service Provider waives any claims for damages, including loss of anticipated profits. As Service Provider's sole remedy and City's sole liability, City will pay Charges for the Services properly performed prior to the notice of termination, plus all reasonable costs for Services performed after the termination, as specified in such notice, and reasonable administrative costs of settling and paying claims arising out of the termination of Services under purchase orders or subcontracts except to the extent any products under such purchase orders or subcontracts can be used by Service Provider in its business within the thirty (30) days following termination. If requested, Service Provider shall substantiate such costs with proof satisfactory to City.
Termination by City for Convenience. The City reserves the right to terminate this Agreement at any time for the convenience of the City if the City shall determine in good faith that it is infeasible or contrary to its interests to proceed with the Development. In the event of a termination for convenience under this subsection, the City shall be liable to the Developer for reasonable and proper costs resulting from such termination which costs shall be paid to Developer within 30 days of receipt by the City of a properly presented claim setting out in detail: (i) the total of all third-party costs incurred to date of termination from July 1, 2011; (ii) the cost (including reasonable profit, not to exceed 6%) of settling and paying claims under subcontracts and material orders for work performed and materials and supplies delivered to the site, or for settling other liabilities of Developer incurred in performance of its obligations hereunder; (iii) the cost of preserving and protecting the work already performed until the City or its assignee takes possession thereof or assumes responsibility therefore; (iv) the actual or estimated cost of legal and accounting services reasonably necessary to prepare and present the termination claim to the City; and (v) fair compensation to Developer for all tasks performed to date, including reasonable profit not to exceed 6%, but with a setoff for sums previously paid by the City, or otherwise reimbursed.
Termination by City for Convenience. 1. CITY may, at any time, terminate the Agreement for CITY’s convenience and without cause.
2. Upon receipt of written notice from CITY of such termination for CITY’s convenience, CONTRACTOR will:
a) cease operations as directed by CITY in the notice;
b) take actions necessary, or that CITY may direct, for the protection and preservation of the work; and
c) except for work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders.
3. In case of such termination for CITY’s convenience, CONTRACTOR will be entitled to receive payment for work executed; and costs incurred by reason of such termination, along with reasonable overhead and profit on the work not executed.
Termination by City for Convenience. This AGREEMENT may be terminated by CITY in its absolute discretion, in whole or in part, whenever CITY shall determine that such termination is in its best interest. Any such termination shall be effected by delivery of a notice of termination by CITY to the DESIGN-BUILDER, signed by CITY, specifying the extent to which performance of work under the AGREEMENT is terminated, and the date upon which such termination becomes effective. The DESIGN-BUILDER shall be paid its costs, including contract closeout costs, and profit on Services performed by the DESIGN- BUILDER up to the effective date of AGREEMENT termination. The DESIGN-BUILDER shall promptly submit its claim for final payment to CITY.
Termination by City for Convenience. The City Manager may, upon advance written notice to Contractor, suspend, abandon or terminate the Services, or any portion of the Services thereof, and terminate this Agreement, for any reason whatsoever including for the convenience of City without regard to whether or not Contractor has defaulted or failed to comply with the provisions of this Agreement. If the City Manager terminates the Services, or any portion of the Services thereof for convenience, City shall pay Contractor for all parts of the Services performed prior to the effective date of termination, including materials provided, in conformity with this Agreement, plus an amount for the Contractor’s substantiated, reasonable direct costs necessarily incurred in preparation for the parts of the Services not yet performed and in shutting down its operations; plus an amount for a reasonable part of the profit Contractor would otherwise have earned for the percentage of Services performed prior to such termination, provided that the total sum payable to Contractor upon termination shall not exceed the unpaid balance of Contractor’s compensation under Section 2 “Compensation”. Contractor shall not be entitled to any other costs or damages whatsoever arising out of Contractor’s performance of the Services and the termination by City for convenience.
Termination by City for Convenience. City may also terminate the Agreement at any time for its convenience upon 7 Days written notice to Contractor specifying the termination date. In the event of termination which is not the fault, in whole or in part, of Contractor, City will pay to Contractor only such compensation, including reimbursable expenses, due for Work properly performed on the Project prior to the termination date. Upon any termination of the Agreement, no further payments will be due from City to Contractor.
Termination by City for Convenience. 14.1.1. The Director may terminate this Agreement at any time by giving 90 days written notice to Concessionaire. The City’s right to terminate this Agreement for convenience is cumulative of all rights and remedies which exist now or in the future.
Termination by City for Convenience. The City Manager may, upon advance written notice to Contractor, suspend, abandon or terminate the Services, or any portion of the Services thereof, and terminate this Agreement, for any reason whatsoever including for the convenience of City without regard to whether or not Contractor has
Termination by City for Convenience. 9.3.1 The Director may terminate this Agreement at any time by giving 90 days written notice to Concessionaire with a copy of the notice to the CPO. The City's right to terminate this Agreement for convenience is cumulative of all rights and remedies which exist now or in the future.
9.3.2 On receiving the notice, Concessionaire shall, unless the notice directs otherwise, immediately discontinue all services under this Agreement and cancel all existing orders and subcontracts that are chargeable to this Agreement. As soon as practicable after receiving the termination notice, but no greater than 30 days, Concessionaire shall pay the City the greater of the Percentage Fee or Minimum Annual Guarantee (pro-rated for the number of days from the first of the month up to the termination date) as set forth in Section 3.5.
9.3.3 TERMINATION OF THIS AGREEMENT AND RECEIPT OF PAYMENT FOR SERVICES RENDERED ARE CONCESSIONAIRE'S ONLY REMEDIES FOR THE CITY’S TERMINATION FOR CONVENIENCE, WHICH DOES NOT CONSTITUTE A DEFAULT OR BREACH OF THIS AGREEMENT. CONCESSIONAIRE WAIVES ANY CLAIM (OTHER THAN ITS CLAIM FOR PAYMENT AS SPECIFIED IN THIS SECTION), IT MAY HAVE NOW OR IN THE FUTURE FOR FINANCIAL LOSSES OR OTHER DAMAGES RESULTING FROM THE CITY'S TERMINATION FOR CONVENIENCE.
