Common use of Termination by District Clause in Contracts

Termination by District. (a) Contractor agrees that District shall be entitled to terminate this Agreement upon the occurrence of any of the following circumstances: (i) Except as otherwise permitted under this Agreement, Contractor abandons the entire Work for more than ninety (90) days or fails to commence the Work within one-hundred and eighty (180) days after receiving the Funding Date payment, and after expiration of said period fails to commence or continue performance of the Work within ten (10) business days of Contractor’s written notice from District to commence or continue performance of the Work; (ii) Contractor commits a material breach of this Agreement, and Contractor does not commence the cure of said breach and thereafter diligent pursuant to completion the cure of said breach, within thirty (30) days following Contractor’s receipt of written notice thereof from District, or (iii) Contractor makes a general assignment for the benefit of creditors, or a receiver is appointed on account of its insolvency, or it becomes the subject of any proceeding commenced under any federal or state insolvency statute or law for the relief of debtors. (b) Upon the occurrence of any of the foregoing, District may instruct Contractor to discontinue all or any part of the Work, and Contractor shall thereupon discontinue the Work of such parts thereof. District shall thereupon have the right to continue and complete the Work or any part thereof, by contract or otherwise. (c) Upon exercising commercially reasonable efforts, District shall be entitled to terminate this Agreement if it is unable to procure funding for the Project within 180 days of the Effective Date. Upon this occurrence, District shall have no further obligation to Contractor. (d) If District elects to terminate this Agreement for any reason other than provided herein, District shall reimburse Contractor for all expenses incurred prior to termination, including but not limited to development and engineering cost prior to the Effective Date. (e) If any covenant, condition or restriction upon the Site prohibits the installation of the System at the Site, District has the right to terminate this Agreement. Upon such termination, provided it is not due to the negligence or misconduct of the Contractor or its subcontractors, agents or representatives, District shall pay to Contractor for all services rendered up to and including the date of termination; plus all costs incurred with respect to equipment or materials ordered (which order cannot be refunded, terminated or such costs otherwise recovered by Contractor) prior to the date of termination; plus, if applicable, amounts payable to Subcontractors arising from costs or expenses reasonably incurred by such Subcontractor and directly resulting from such termination; plus, if applicable, costs incurred by Contractor in demobilizing its work force from Site; plus all engineering and development cost incurred by Contractor prior to the Effective Date.

Termination by District. (a) Contractor agrees that During the Term, District shall be entitled have the right to terminate this Agreement upon the occurrence of any one or more of the following circumstancesevents: a. Global shall fail to keep, observe or perform any material covenant, agreement, term or provision of this Agreement to be kept, observed or performed by Global, and except for fraud and criminal misconduct (i) Except as otherwise permitted under this Agreementfor which there shall be no cure period), Contractor abandons the entire Work such breach shall continue for more than a period of ninety (90) days or fails to commence the Work within one-hundred and eighty (180) calendar days after receiving the Funding Date payment, and after expiration of said period fails to commence or continue performance of the Work within ten (10) business days of Contractor’s written notice from District to commence or continue performance of the Work; (ii) Contractor commits a material breach of this Agreement, and Contractor does not commence the cure of said breach and thereafter diligent pursuant to completion the cure of said breach, within thirty (30) days following Contractor’s receipt of written notice thereof to Global from DistrictDistrict provided that Global promptly begins and diligently pursues cure of the same; provided, orhowever, that if the nature of the breach is such that it cannot reasonably be cured within such ninety (90) calendar day period, Global shall not be deemed to be in default hereunder if Global commences to cure such breach within such ninety (90) calendar period and thereafter diligently prosecutes the same to completion; (iii) Contractor makes b. If Global shall apply for or consent to the appointment of a receiver, trustee or liquidator of Global or of all or a substantial part of its assets, file a voluntary petition in bankruptcy, admit in writing its inability to pay its debts as they become due, make a general assignment for the benefit of creditorscreditors or file a petition or an answer seeking reorganization or arrangement with creditors or to take advantage of any insolvency proceeding; c. If any order, judgment or decree shall be entered by any court of competent jurisdiction, on the application of any creditor, adjudicating Global as bankrupt or insolvent or approving a petition seeking reorganization of Global or appointing a receiver, trustee or liquidator of Global or of all or a receiver is appointed on account substantial part of its insolvency, or it becomes the subject of any proceeding commenced under any federal or state insolvency statute or law for the relief of debtors. (b) Upon the occurrence of any of the foregoing, District may instruct Contractor to discontinue all or any part of the Workassets, and Contractor such order, judgment or decree shall thereupon discontinue the Work continue unstayed and in effect for any period of such parts thereof. sixty (60) calendar days, then District shall thereupon have the right to continue and complete the Work or any part thereofright, by contract or otherwise. (c) Upon exercising commercially reasonable effortsin its sole discretion, District shall be entitled to terminate this Agreement if it is unable upon written notice thereof to procure funding for Global given at any time after the Project within 180 days period of grace applicable to such event shall have expired, and this Agreement shall thereafter terminate as of the Effective Date. Upon this occurrence, date specified in such notice of termination; d. In the event that the District shall have no further obligation be dissolved according to Contractor. (d) If District elects to terminate this Agreement for any reason other than provided herein, District shall reimburse Contractor for all expenses incurred prior to termination, including but not limited to development and engineering cost prior statute or according to the Effective Date. (e) If any covenant, condition or restriction upon the Site prohibits the installation request of the System at the Site, District has the right to terminate this Agreement. Upon such termination, provided it is not due to the negligence or misconduct of the Contractor or its subcontractors, agents or representatives, District shall pay to Contractor for all services rendered up to and including the date of termination; plus all costs incurred with respect to equipment or materials ordered (which order cannot be refunded, terminated or such costs otherwise recovered by Contractor) prior to the date of termination; plus, if applicable, amounts payable to Subcontractors arising from costs or expenses reasonably incurred by such Subcontractor and directly resulting from such termination; plus, if applicable, costs incurred by Contractor in demobilizing its work force from Site; plus all engineering and development cost incurred by Contractor prior to the Effective Datelandowners.

Termination by District. This Agreement may be terminated or the Project may be canceled by the District for the District’s convenience and without cause at any time immediately upon written notice to the Civil Engineer/Landscape Architect. In such event, the Civil Engineer/Landscape Architect shall be compensated for (a) Contractor agrees that District shall be entitled all Basic and Additional services completed, and Reimbursable Expenses incurred, pursuant to terminate this Agreement upon through the occurrence date of any of the following circumstances: (i) Except as otherwise permitted under this Agreementtermination, Contractor abandons the entire Work for more than ninety (90) days or fails to commence the Work within one-hundred and eighty (180) days after receiving the Funding Date payment, and after expiration of said period fails to commence or continue performance of the Work within ten (10) business days of Contractor’s written notice from District to commence or continue performance of the Work; (ii) Contractor commits a material breach of this Agreement, and Contractor does not commence the cure of said breach and thereafter diligent pursuant to completion the cure of said breach, within thirty (30) days following Contractor’s receipt of written notice thereof from District, or (iii) Contractor makes a general assignment for the benefit of creditors, or a receiver is appointed on account of its insolvency, or it becomes the subject of any proceeding commenced under any federal or state insolvency statute or law for the relief of debtors. (b) Upon the occurrence of any of the foregoing, District may instruct Contractor to discontinue all such Basic or any part of the WorkAdditional Services performed, and Contractor shall thereupon discontinue Reimbursable Expenses incurred, after termination which are authorized by the Work of such parts thereof. District shall thereupon have the right to continue in writing, and complete the Work or any part thereof, by contract or otherwise. (c) Upon exercising commercially reasonable efforts, any costs incurred by reason of such termination; but less any amounts the District shall be is entitled to terminate this Agreement if it is unable to procure funding for the Project within 180 days of the Effective Date. Upon this occurrence, District shall have no further obligation to Contractor. (d) If District elects to terminate this Agreement for any reason other than provided herein, District shall reimburse Contractor for all expenses incurred prior to termination, including but not limited to development and engineering cost prior to the Effective Date. (e) If any covenant, condition withhold under law or restriction upon the Site prohibits the installation of the System at the Site, District has the right to terminate this Agreement. Upon such terminationthe District’s written request and authorization, provided it is not due Civil Engineer/Landscape Architect shall perform any and all Basic and Additional Services necessary to complete the negligence or misconduct work in progress as of the Contractor or its subcontractors, agents or representatives, District shall pay to Contractor for all services rendered up to and including the date of termination; plus . For any material breach of contract by the Civil Engineer/Landscape Architect, the District may also terminate the Agreement for cause by delivering written Notice of Intent to Terminate to the Civil Engineer/Landscape Architect. Such Notice shall include the following: (1) A description of such material breach, and (2) a date not less than fourteen days (14) after delivery of the notice by which the Civil Engineer/Landscape Architect must cure such breach. In response to such Notice, if the Civil Engineer/Landscape Architect fails to cure, and fails to reasonably commence to cure, the breach(es) by the deadline set by the Notice, then the District may terminate the Agreement through written notice delivered to the Civil Engineer/Landscape Architect, which shall be effective upon such delivery. In such event, the Civil Engineer/Landscape Architect shall be compensated for all costs incurred with respect services completed pursuant to equipment or materials ordered (which order cannot be refunded, terminated or such costs otherwise recovered by Contractor) prior to this Agreement through the date of termination; plus, if applicabletogether with compensation for such services performed after termination which are authorized by the District in writing, but less any amounts payable the District is entitled to Subcontractors arising from costs withhold under law or expenses reasonably incurred by such Subcontractor this Agreement. Upon the District’s written request and directly resulting from such authorization, Civil Engineer/Landscape Architect shall perform any and all services necessary to complete the work in progress as of the date of the termination; plus, if applicable, costs incurred by Contractor in demobilizing its work force from Site; plus all engineering and development cost incurred by Contractor prior to the Effective Date.