Termination by the City. 82.1. In addition to termination pursuant to any other article of this Contract, the Commissioner may, at any time, terminate this Contract by written notice to the Contractor. In the event of termination, the Contractor shall, upon receipt of such notice, unless otherwise directed by the Commissioner: 82.1.1. Stop Work on the date specified in the notice; 82.1.2. Take such action as may be necessary for the protection and preservation of the City's materials and property; 82.1.3. Cancel all cancelable orders for material and equipment; 82.1.4. Assign to the City and deliver to the Site or another location designated by the Commissioner, any non-cancelable orders for material and equipment that is not capable of use except in the performance of this Contract and has been specifically fabricated for the sole purpose of this Contract and not incorporated in the Work; 82.1.5. Take no action which will increase the amounts payable by the City under this Contract. 82.2. In the event of termination by the City pursuant to this Article, payment to the Contractor shall be made in accordance with the Contract for all Work satisfactorily completed. 82.3. In no event shall any payments under this Article exceed the Contract price for such items. 82.4. All payments pursuant to this Article shall be in the nature of liquidated damages and shall be accepted by the Contractor in full satisfaction of all claims against the City. 82.5. The City may deduct or set off against any sums due and payable pursuant to this Article, any deductions authorized by this Contract or by Law (including but not limited to liquidated damages) and any claims it may have against the Contractor. The City’s exercise of the right to terminate the Contract pursuant to this Article shall not impair or otherwise effect the City’s right to assert any claims it may have against the Contractor in a plenary action.
Appears in 5 contracts
Samples: Management and Operation Agreement, Supply and Service Agreement, Supply and Service Agreement
Termination by the City. 82.1. In addition to termination pursuant to any other article of this Contract, the Commissioner may, at any time, terminate this Contract by written notice to the Contractor. In the event of termination, the Contractor shall, upon receipt of such notice, unless otherwise directed by the Commissioner:
82.1.1. Stop Work on the date specified in the notice;
82.1.2. Take such action as may be necessary for the protection and preservation of the City's ’s materials and property;
82.1.3. Cancel all cancelable orders for material and equipment;
82.1.4. Assign to the City and deliver to the Site or another location designated by the Commissioner, any non-cancelable orders for material and equipment that is not capable of use except in the performance of this Contract and has been specifically fabricated for the sole purpose of this Contract and not incorporated in the Work;
82.1.5. Take no action which will increase the amounts payable by the City under this Contract.
82.2. In the event of termination by the City pursuant to this ArticleArticle 82, payment to the Contractor shall be made in accordance with the this Contract for all Work satisfactorily completed.
82.3. In no event shall any payments under this Article 82 exceed the Contract price for such items.
82.4. All payments pursuant to this Article 82 shall be in the nature of liquidated damages and shall be accepted by the Contractor in full satisfaction of all claims against the City.
82.5. The City may deduct or set off against any sums due and payable pursuant to this ArticleArticle 82, any deductions authorized by this Contract or by Law (including but not limited to liquidated damages) and any claims it may have against the Contractor. The City’s exercise of the right to terminate the Contract pursuant to this Article 82 shall not impair or otherwise effect the City’s right to assert any claims it may have against the Contractor in a plenary action.
Appears in 1 contract
Samples: Supply and Service Agreement
Termination by the City. 82.1. In addition to termination pursuant to any other article of this Contract, the Commissioner may, at any time, terminate this Contract by written notice to the Contractor. In the event of termination, the Contractor shall, upon receipt of such notice, unless otherwise directed by the Commissioner:
82.1.1. Stop Work on the date specified in the notice;
82.1.2. Take such action as may be necessary for the protection and preservation of the City's ’s materials and property;
82.1.3. Cancel all cancelable orders for material and equipment;
82.1.4. Assign to the City and deliver to the Site or another location designated by the Commissioner, any non-cancelable orders for material and equipment that is not capable of use except in the performance of this Contract and has been specifically fabricated for the sole purpose of this Contract and not incorporated in the Work;
82.1.5. Take no action which will increase the amounts payable by the City under this Contract.
82.2. In the event of termination by the City pursuant to this Article, payment to the Contractor shall be made in accordance with the Contract for all Work satisfactorily completed.
82.3. In no event shall any payments under this Article exceed the Contract price for such items.
82.4. All payments pursuant to this Article shall be in the nature of liquidated damages and shall be accepted by the Contractor in full satisfaction of all claims against the City.
82.5. The City may deduct or set off against any sums due and payable pursuant to this Article, any deductions authorized by this Contract or by Law (including but not limited to liquidated damages) and any claims it may have against the Contractor. The City’s exercise of the right to terminate the Contract pursuant to this Article shall not impair or otherwise effect the City’s right to assert any claims it may have against the Contractor in a plenary action.
Appears in 1 contract
Samples: Supply and Service Agreement
