Termination by the City for Convenience. 4.1.1 The Director may terminate Engineer's performance under this Contract at any time by giving seven days written notice to Engineer. As soon as possible, but not later than the effective date of such notice, Engineer shall, unless the notice directs otherwise, immediately discontinue all services in connection with this Contract and shall proceed to promptly cancel all existing orders and Consultant subcontracts insofar as such orders or subcontracts are chargeable to this Contract. Within seven days after the effective date of notice of termination, Engineer shall deliver copies of all Documents to the Director and submit an invoice showing in detail services performed under this Contract to the date of termination. The City shall then pay the prescribed fees to Engineer for services actually performed under this Contract up to the date of termination less such payment on account of charges previously made, in the same manner as prescribed in Article 3 of this Contract. Any installments or lump sum fees shall be prorated in accordance with the progress of the Work at the effective date of termination. Engineer may, if necessary, submit invoices for vendor and Consultant charges reasonably necessary for the Project which are incurred prior to the effective date of termination and received by Engineer after its initial termination invoice.
4.1.2 Engineer understands and acknowledges that if the City determines not to proceed with this Contract, according to the terms of this article, the Director shall provide Engineer with a written notice of his intent to terminate this Contract and this Contract shall terminate upon Engineer's receipt of such written notice.
Termination by the City for Convenience. 4.2.1 The Director may terminate Engineer's performance under this Contract at any time by giving seven days written notice to Engineer. As soon as possible, but not later than the effective date of such notice, Engineer shall, unless the notice directs otherwise, immediately discontinue all services in connection with this Contract and shall proceed to promptly cancel all existing orders and Consultant subcontracts insofar as such orders or subcontracts are chargeable to this Contract. Within seven days after the effective date of notice of termination, Engineer shall deliver copies of all Documents to the Director and submit an invoice showing in detail services performed under this Contract to the date of termination. The City shall then pay the prescribed fees to Engineer for services actually performed under this Contract up to the date of termination less such payment on account of charges previously made, in the same manner as prescribed in Article 3 of this Contract. Any installments or lump sum fees shall be prorated in accordance with the progress of the Work at the effective date of termination. Engineer may, if necessary, submit invoices for vendor and Consultant charges reasonably necessary for the Project which are incurred prior to the effective date of termination and received by Engineer after its initial termination invoice.
4.2.2 Engineer understands and acknowledges that if the City determines not to proceed with this Contract, according to the terms of this Article, the Director shall provide Engineer with a written notice of his intent to terminate this Contract and this Contract shall terminate upon Engineer's receipt of such written notice. Any sums paid to Engineer prior to its receipt of such written notice plus any retained sums to which Engineer is entitled shall constitute full and complete compensation for the services rendered to the date of receipt of the written notice and Engineer agrees that it will not be entitled to any additional sums.
Termination by the City for Convenience. The City may, at any time, terminate the Contract and Contract Documents for the City’s convenience and without cause. Upon receipt of written notice from the City of such termination for the City’s convenience, the Contractor shall:
(a) cease operations as directed by the City in the notice;
(b) take actions necessary, or that the 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.
Termination by the City for Convenience. The City may, upon 30 Days’ written notice to the Job Order Contractor, terminate this Contract, in whole or in part, for the convenience of the City, without prejudice to any right or remedy otherwise available to the City. Upon receipt of such notice, the Job Order Contractor shall immediately discontinue all services affected unless such notice directs otherwise. In the event of a termination for convenience of the City, the Job Order Contractor’s sole and exclusive right and remedy shall be to be paid for all Work performed and to receive equitable adjustment for all Work performed through the date of termination plus reasonable demobilization costs, subcontract and purchase order termination costs, reasonable overhead and profit on the Work performed. The Job Order Contractor shall not be entitled to be paid any amount as profit for unperformed Work or services or consideration for the termination of convenience by the City.
Termination by the City for Convenience. The City may, at any time, terminate the Contract Documents for the City's convenience and without cause. Upon receipt of written notice from the City of such termination for the City's convenience, the Contractor shall:
Termination by the City for Convenience. The Director may terminate this Agreement at any time by giving 30 days written notice to Contractor, 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. On receiving the notice, Contractor 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, Contractor shall submit an invoice showing in detail the services performed under this Agreement up to the termination date. The City shall then pay the fees to Contractor for services actually performed, but not already paid for, in the same manner as prescribed in Section IV.B unless the fees exceed the allocated funds remaining under this Agreement. RECEIPT OF PAYMENT FOR SERVICES RENDERED IS CONTRACTOR’S ONLY REMEDY FOR THE CITY’S TERMINATION FOR CONVENIENCE, WHICH DOES NOT CONSTITUTE A DEFAULT OR BREACH OF THIS AGREEMENT. CONTRACTOR 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.
Termination by the City for Convenience. 14.2.1 Director may, without cause and without prejudice to any other rights or remedies of the City, give CMAR and Surety a Notice of Termination with a seven (7) days written notice.
14.2.2 After receipt of the City’s Notice of Termination, and except as otherwise approved by Director, CMAR shall conform to requirements of Paragraph 14.1.3.
14.2.3 After receipt of the Notice of Termination, CMAR shall submit to the City its termination Claim, in forms required by Director. The Claim will be submitted to the City promptly, but no later than six months from the effective date of termination, unless one or more extensions are granted by Director in writing. If CMAR fails to submit its termination Claim within the time allowed, in accordance with Paragraph 14.2.4, Director will determine, on the basis of available information, the amount, if any, due to CMAR because of termination, and Director's determination is final and binding on the Parties. The City will then pay to CMAR the amount so determined.
14.2.4 Director will determine, on the basis of information available to Director, the amount due, if any, to CMAR for the termination as follows:
14.2.4.1 Payment for all Work performed in accordance with the Contract Documents up to the date of termination determined in the manner prescribed for monthly payments in Article 9 and other applicable Contract Documents, except no retainage is withheld by the City with respect to the terminated Work either for payment determined by percentage of completion or for materials and equipment delivered to the site, in storage or in transit.
14.2.4.2 Reasonable termination expenses that would qualify as Cost of the Work, including, to the extent they qualify as Costs of the Work, including costs for settling and paying Subcontractor and Supplier claims arising out of termination of the Work under their respective Subcontracts and purchase orders, reasonable cost of preservation and protection of the City's property after termination, if required, and the cost of Claim preparation. Termination expenses do not include field or central office overhead, salaries of employees of CMAR, or litigation costs (including but not limited to attorneys' fees). No amount is allowed for anticipated profit or central office overhead on uncompleted work, or any cost or lost profit for other business of CMAR alleged to be damaged by the termination.
14.2.5 CMAR shall promptly remove from the site any construction equipment, tools, and temp...
Termination by the City for Convenience. 13.4.1 The City may, at its option, terminate this Contract, in whole or from time to time in part, at any time by giving notice to Contractor. Upon such termination, Contractor agrees to waive any claims for damages, including loss of anticipated profits, on account thereof; and, as the sole right and remedy of Contractor, the City shall pay Contractor in accordance with Article 13.4.4.
13.4.2 Upon receipt of notice of termination under this Article 13.4, Contractor shall, unless the notice directs otherwise, do the following:
.1 Immediately discontinue the Work to the extent specified in thenotice.
.0 Xxxxx no further orders or subcontracts for materials, equipment, services, or facilities, except as may be necessary for completion of such portion of the Work as is not discontinued.
.3 Promptly cancel, on the most favorable terms reasonably possible, all subcontracts to the extent they relate to the performance of the discontinued portion of the Work.
.4 Thereafter do only such Work as may be necessary to preserve and protect Work already in progress and to protect materials, plants, and equipment on the Project site or in transit thereto.
13.4.3 Upon such termination, the obligations of the Contract shall continue as to portions of the Work already performed and, subject to Contractor's obligations under Article 13.4.2, as to bona fide obligations assumed by Contractor prior to the date of termination.
13.4.4 Upon such termination, the City shall pay to Contractor the sum of the following:
.1 The amount of the Contract Sum allocable to the portion of the Work properly performed by Contractor as of the date of termination, less sums previously paid to Contractor.
.2 Plus an amount equal to the lesser of $50,000 or 5% of the difference between the Contract Sum and the amount of the Contract Sum allocable to the portion of the Work properly performed by Contractor as of the date of termination.
.3 Plus previously unpaid costs of any items delivered to the Project site which were fabricated for subsequent incorporation in the Work.
.4 Plus any proven losses for Contractor with respect to materials and equipment directly resulting from such termination.
.5 Plus reasonable demobilization costs for Contractor.
.6 Plus reasonable costs for Contractor of preparing a statement of the aforesaid costs, expenses, and losses in connection with such termination. The above payment shall be the sole and exclusive remedy to which Contractor is entitled in the event of te...
Termination by the City for Convenience. 9.5.1 The performance of the Work under this Contract may be terminated by the City, in whole or in part, in accordance with this clause whenever the City reasonably determines that such termination is in the best interest of the City. Any such termination shall be effected by delivery to the Contractor of a written Notice of Termination specifying the extent to which performance of the Work is terminated, and the date upon which such termination becomes effective.
9.5.2 If the Contract is terminated by the City as provided herein, the Contractor shall receive compensation for any Work performed and accepted, together with profit in proportion to the Work performed and accepted. The compensation shall include payment for contractual obligations reasonably incurred prior to termination. No amount shall be allowed for anticipated profit on unperformed Work.
9.5.3 In the event the City terminates the Work, in whole or in part, for cause pursuant to Section 9.2 of this Article 9 and the termination is later deemed to be unjustified, then such termination shall be automatically deemed a termination for convenience and the provisions of this Section 9.4 shall apply.
9.5.4 Termination of the Contract or portion thereof by the City for convenience shall not relieve the Contractor of their contractual responsibilities for the Work completed, nor shall it relieve the surety of its obligation for and concerning any just claim arising out of the Work completed.
Termination by the City for Convenience. 13.3.1 The City may, at its option, terminate this Contract, in whole or from time to time in part, at any time by giving notice to the Design Build Entity. Upon such termination, the Design Build Entity agrees to waive any claims for damages, including loss of anticipated profits, on account thereof; and, as the sole right and remedy of the Design Build Entity, the City shall pay the Design Build Entity in accordance with Subparagraph 13.4.4.
13.3.2 Upon receipt of notice of termination under this Paragraph 13.4, the Design Build Entity shall, unless the notice directs otherwise, do the following:
(a) Immediately discontinue the work on the Project to the extent specified in the notice.
(b) Place no further orders or subcontracts for materials, equipment, services, or facilities, except as may be necessary for completion of such portion of the work on the Project as is not discontinued.
(c) Promptly cancel, on the most favorable terms reasonably possible, all subcontracts to the extent they relate to the performance of the Discontinued portion of the work on the Project.
(d) Thereafter do only such work as may be necessary to preserve and protect work on the Project already in progress and to protect materials, plants, and equipment on the Project site or in transit thereto.
13.3.3 Upon such termination, the obligations of the Contract shall continue as to portions of the work on the Project already performed and, subject to the Design Build Entity’s obligations under Subparagraph 13.4.2, as to bona fide obligations assumed by the Design Build Entity prior to the Date of termination.
