Termination by Owner for Convenience. Upon seven (7) Days' written notice, the Owner may, without cause, terminate this Agreement with the Consultant. If this Agreement is terminated pursuant to this section, the Consultant may recover from the Owner payment for Services performed to the date of termination, in accordance with this Agreement.
Termination by Owner for Convenience. Upon seven (7) Days' written notice, the Owner may, without cause, terminate this Agreement with the Design Professional. If this Agreement is terminated pursuant to this section, the Design Professional may recover from the Owner payment for Services performed to the date of termination, in accordance with this Agreement.
Termination by Owner for Convenience. The Owner may at any time give written notice to the Professional terminating this Agreement or suspending the Project, in whole or in part, for the Owner’s convenience and without cause. If the Owner terminates this Agreement or suspends the Project, the Professional shall immediately reduce its staff, services and outstanding commitment in order to minimize the cost of termination or suspension.
Termination by Owner for Convenience. Upon written notice to the Construction Manager, the Owner may, without cause, terminate this Agreement effective upon the date identified by the Owner in the written notice. The Construction Manager shall immediately stop the Work, follow the Owner's instructions regarding shutdown and termination procedures, and strive to minimize any further costs. Provisions of law as contained in Chapter 573A, Code of Iowa, which pertains to termination of contracts for construction of public improvements when Work thereon is stopped because of a national emergency, shall apply to and be a part of this Agreement and binding upon all Parties hereto, including Subcontractors and Sureties. If the Owner terminates the Agreement for Convenience, the Construction Manager shall be paid (a) for the Work performed to date including Overhead and Profit; (b) for all demobilization costs and costs incurred as a result of the termination but not including Overhead or Profit on Work not performed. CONSTRUCTION MANAGER'S RIGHT TO TERMINATE Upon seven (7) Days' written notice to the Owner, the Construction Manager may terminate this Agreement if the Work has been stopped for a thirty (30) Day period through no fault of the Construction Manager for any of the following reasons: (a) under court order or order of other governmental authorities having jurisdiction; (b) as a result of the declaration of a national emergency or other governmental act during which, through no act or fault of the Construction Manager, materials are not available; or (c) suspension by the Owner for convenience pursuant to Section 12.1. In addition, upon seven (7) Days' written notice to the Owner, the Construction Manager may terminate this Agreement if the Owner: (a) assigns this Agreement over the Construction Manager's reasonable objection, or (b) fails to pay the Construction Manager in accordance with this Agreement and the Construction Manager has complied with Section 10.5, or (c) upon termination by the Construction Manager in accordance with this section, the Construction Manager shall be entitled to recover from the Owner payment for all Work properly executed. If this Agreement is terminated for any reason, the Construction Manager shall: (a) execute and deliver to the Owner all papers, documents, and submissions required under this Agreement whether in draft or final form; (b) take all action required to assign, transfer, and vest in the Owner the rights of the Construction Manager to all material...
Termination by Owner for Convenience. 12.2.1 Owner shall have the right to terminate Engineer under this Agreement for its convenience without regard to fault or breach upon written notice, effective immediately unless otherwise provided in said notice. In the event of such termination, Owner shall pay as the sole amount due to Engineer in connection with this Project sums due hereunder for Services performed to date plus reasonable demobilization costs incurred due to such termination. Such sums will be due and payable on the same conditions as set forth for final payment to the extent applicable. Upon receipt of such payment, the parties hereto shall have no further obligations to each other except for Engineer's obligation to indemnify Owner and maintain any insurance as provided for in this Agreement. It is understood and agreed that no fee, anticipated profit or other compensation or payment of any kind or character shall be due or payable for unperformed Services regardless of the basis of termination and the inclusion of this provision within this subsection shall in no way limit its application to termination under this subsection. Engineer agrees that each agreement with any Consultant entered into by it will reserve for Engineer the same right of termination provided by this subsection.
12.2.2 Upon a determination that any termination of Engineer or its successor in interest was wrongful, such termination will be deemed converted to a termination for convenience pursuant to the proceeding provisions hereof and Engineer's remedy for wrongful termination in such event shall be limited to the recovery of the payments permitted for termination for convenience as set forth above.
12.2.3 The rights and remedies of Owner and Engineer in the event of termination herein set forth shall be non-exclusive, and shall be in addition to all the other remedies available at law or in equity.
Termination by Owner for Convenience. Owner may terminate this Agreement in whole or in part whenever Owner determines that termination of the Agreement is in the best interest of the Owner or the public. The Owner shall provide the Design Professional with seven (7) Days prior written notice of a termination for Owner’s convenience or when in the public’s interest..
Termination by Owner for Convenience. Owner may, for any reason whatsoever, or without reason, terminate performance under the Agreement by Design/Builder for convenience. Owner shall give at least thirty (30) days prior written notice of such termination to Design/Builder specifying when termination becomes effective. Design/Builder shall incur no further obligations in connection with the Agreement and Design/Builder shall stop Design Services and the Work when such termination becomes effective. Design/Builder shall also, at Owner’s direction, either terminate or assign to Owner outstanding purchase orders and subcontracts. Design/Builder shall settle the liabilities and claims arising out of any terminated subcontracts. Owner may direct Design/Builder to assign Design/Builder’s rights, title and interest under terminated orders or subcontracts to Owner or its designee. Design/Builder shall transfer title and deliver to Owner such completed or partially completed Design Documents, Work and materials, equipment, parts, fixtures, information and appropriate contract rights as Design/Builder has.
Termination by Owner for Convenience. 12.4.1 Upon written notice to the Construction Manager, the Owner may, without cause, terminate this Agreement effective upon the date identified by the Owner in the written notice. The Construction Manager shall immediately stop the Work, follow the Owner's instructions regarding shutdown and termination procedures, and strive to minimize any further costs. Provisions of law as contained in Chapter 573A, Code of Iowa, which pertains to termination of contracts for construction of public improvements when Work thereon is stopped because of a national emergency, shall apply to and be a part of this Agreement and binding upon all Parties hereto, including Subcontractors and Sureties.
12.4.2 If the Owner terminates the Agreement for Convenience, the Construction Manager shall be paid (a) for the Work performed to date including Overhead and Profit; (b) for all demobilization costs and costs incurred as a result of the termination but not including Overhead or Profit on Work not performed.
Termination by Owner for Convenience. (a) The Owner may, at any time, terminate the Contract for the Owner's convenience without cause upon the expiration of 48 hours written notice to the Contractor of such termination.
(b) In the event of termination under this Article 23.04, the Contractor, upon thirty (30) days' advance written notice to the Owner, shall be entitled to recover from the Owner
(i) the Contractor’s reasonable costs to terminate the remaining Work of the Contractor, its Subcontractors and suppliers, and (ii) a proportionate amount of the value of Work actually performed up to the date of such termination, for all Work completed and for proven losses with respect to any direct costs for materials, equipment, tools, and construction equipment and machinery, up to the date of such stoppage. Owner shall in no event be responsible for such costs as are in excess of the Construction Cost Limitation, or for damages for loss of anticipated profits, or other consequential, direct, indirect or special damages of any kind on account of such termination, on Work not performed on account of any termination.
(c) The foregoing notwithstanding, Contractor acknowledges that the Owner is a political subdivision of the State of Texas, and the Owner shall have the right, upon failure of the governing body of the Owner and/or the Bexar County Commissioners Court to appropriate finances to meet the terms and obligations herein, to terminate the Agreement for the Owner's convenience pursuant to this Article 23.04, as of the effective date of such lack of fiscal funding.
Termination by Owner for Convenience. Owner may, for any reason whatsoever, or without reason, terminate performance under the Contract by Design/Builder for convenience. Owner shall give written notice of such termination to Design/Builder specifying when termination becomes effective. Design/Builder shall incur no further obligations in connection with the Contract and Design/Builder shall stop Design Services and the Work when such termination becomes effective. Design/Builder shall also, at Owner's direction, either terminate or assign to Owner outstanding orders and subcontracts. Design/Builder shall settle the liabilities and claims arising out of any terminated subcontracts and orders. Owner may direct Design/Builder to assign Design/Builder's right, title and interest under terminated orders or subcontracts to Owner or its designee. Design/Builder shall transfer title and deliver to Owner such completed or partially completed Design Documents, Work and materials, equipment, parts, fixtures, information and Contract rights as Design/Builder has.
