Common use of Termination by the City for Convenience Clause in Contracts

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. The Director may terminate this Agreement at any time by giving 30 days 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 remedies, which exist now or in the future. On receiving the Upon receipt of such notice, Contractor shall, unless the notice directs otherwise, immediately discontinue all services under in connection with this Agreement and shall proceed to cancel promptly all existing orders and subcontracts that insofar as such orders or subcontracts are chargeable to this Agreement. As soon as practicable after receiving the termination noticereceipt of notice of termination, Contractor shall submit an invoice showing in detail the services performed under this Agreement up to the termination datedate of termination. The City shall then pay the prescribed fees to Contractor for services actually performedperformed under this Agreement to the date of termination, but not already paid for, in the same manner as prescribed in Section IV.B this Agreement, unless the fees exceed the allocated funds remaining under this Agreement. TERMINATION OF THIS AGREEMENT AND RECEIPT OF PAYMENT FOR SERVICES RENDERED IS AS SET OUT ABOVE SHALL BE CONTRACTOR’S 'S ONLY REMEDY REMEDIES IN THE EVENT OF TERMINATION FOR CONVENIENCE BY THE CITY’S . SUCH TERMINATION FOR CONVENIENCE, WHICH DOES BY THE CITY SHALL NOT CONSTITUTE A DEFAULT OR BREACH OF THIS AGREEMENT. , AND 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 WHICH MAY BE OCCASIONED BY THE CITY’S 'S TERMINATION FOR CONVENIENCE.

Termination by the City for Convenience. a) The Director City may at its option, terminate this Agreement Contract in whole or in part at any time without cause by giving 30 days written notice thereof to the Contractor. b) Upon any such termination, the Contractor agrees to waive any claims for damages, including loss of anticipated profits, on account thereof, and as the sole right and remedy of the Contractor, the City shall pay Contractor in accordance with a copy this Paragraph. The provisions of the notice Contract which by their nature survive final acceptance of the Work, shall remain in full force and effect after such termination to the CPO. The City’s right to terminate this Agreement for convenience is cumulative extent provided in such provisions. c) Upon receipt of all rights and remedies which exist now or in any such notice of termination, the future. On receiving the notice, Contractor shall, unless the notice Notice directs otherwise, immediately discontinue immediately: 1. Discontinue the Work to the extent specified by the City; 2. Place no further orders or subcontracts for materials, equipment, services or facilities, except as may be necessary for completion of that portion of the Work, if any, the City has directed not to be discontinued; 3. Promptly make every reasonable effort to procure cancellation upon satisfactory terms as determined by the City of all services under this Agreement and cancel all existing orders and subcontracts not related to that are chargeable portion of the Work, if any, the City has directed not to be discontinued; 4. Do only such other activity as may be necessary to preserve and protect work already in progress and to protect materials and plants and equipment on the Project Site or in transit thereto. d) Upon such termination, the obligations of the Contract shall continue as to portions of the Work already performed and as to bona fide obligations the Contractor assumed prior to the date of termination. e) Upon termination, the City shall pay the Contractor the full cost of all Work properly done by the Contractor to the date of termination not previously paid for by the City. If at the date of such termination the Contractor has properly prepared or fabricated off site any goods for subsequent incorporation in the Work, the City may direct the Contractor to deliver such goods to the Site or to such other place as the City may reasonably determine, whereupon the City shall pay to the Contractor the cost for such goods and materials. f) Upon such termination, 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. Previously unpaid costs of any items delivered to the Project site which were fabricated for subsequent incorporation in the Work. 3. Any proven losses with respect to materials and equipment directly resulting from such termination. 4. Reasonable demobilization costs. g) The above payment shall be the sole and exclusive remedy to which Contractor is entitled in the event of termination of the Contract by City pursuant to this Agreement. As soon as practicable after receiving the termination notice, provision; and Contractor shall submit an invoice showing in detail the services performed under this Agreement up will be entitled 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 CONVENIENCEno other compensation or damages and expressly waives same.

Termination by the City for Convenience. S a) The Director City may at its option, terminate this Agreement Contract in whole or in part at any time without cause by giving 30 days written notice thereof to the Contractor. b) Upon any such termination, the Contractor agrees to waive any claims for damages, including loss of anticipated profits, on account thereof, and as the sole right and remedy of the Contractor, the City shall pay Contractor in accordance with a copy this Paragraph. The provisions of the notice Contract which by their nature survive final acceptance of the Work, shall remain in full force and effect after such termination to the CPO. The City’s right to terminate this Agreement for convenience is cumulative extent provided in such provisions. c) Upon receipt of all rights and remedies which exist now or in any such notice of termination, the future. On receiving the notice, Contractor shall, unless the notice Notice directs otherwise, immediately discontinue immediately: A 1. Discontinue the Work to the extent specified by the City; 2. Place no further orders or subcontracts for materials, equipment, services or facilities, except as may be necessary for completion of that portion of the Work, if any, the City has directed not to be discontinued; 3. Promptly make every reasonable effort to procure cancellation upon satisfactory terms as determined by the City of all services under this Agreement and cancel all existing orders and subcontracts not related to that are chargeable portion of the Work, if any, the City has directed not to be discontinued; 4. Do only such other activity as may be necessary to preserve and protect work already in progress and to protect materials and plants and equipment on the Project Site or in transit thereto. M d) Upon such termination, the obligations of the Contract shall continue as to portions of the Work already performed and as to bona fide obligations the Contractor assumed prior to the date of termination. e) Upon termination, the City shall pay the Contractor the full cost of all Work properly done by the Contractor to the date of termination not previously paid for by the City. If at the date of such termination the Contractor has properly prepared or fabricated off site any goods for subsequent incorporation in the Work, the City may direct the Contractor to deliver such goods to the Site or to such other place as the City may reasonably determine, whereupon the City shall pay to the Contractor the cost for such goods and materials. P f) Upon such termination, 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. Previously unpaid costs of any items delivered to the Project site which were fabricated for subsequent incorporation in the Work. 3. Any proven losses with respect to materials and equipment directly resulting from such termination. 4. Reasonable demobilization costs. L g) The above payment shall be the sole and exclusive remedy to which Contractor is entitled in the event of termination of the Contract by City pursuant to this Agreementprovision; and Contractor will be entitled to no other compensation or damages and expressly waives same. 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.E