Termination by the County. The County, in its sole and absolute discretion, may terminate this Agreement or any one or more Grants hereunder:
i. if the Subrecipient has breached any provision of this Agreement (including without limitation reporting requirements in Schedule A hereto) or has failed to comply with any applicable state or federal law or regulation applicable to any Project and/or any Grant; or
ii. if any representation or warranty made by the Subrecipient in any Application, this Agreement, or any certification or other supporting documentation thereunder or hereunder shall prove to have been incorrect in any material respect at the time made.
Termination by the County. The County may terminate the Contract in accordance with the following terms and conditions:
I. The County can terminate without cause with a 30-day written notice. Upon receipt of the written termination notice, services and billing shall be immediately discontinued unless the notice directs otherwise, and all expenses incurred up to that time will be due the contractor upon valid documentation justifying such expenses.
II. Termination due to the failure to fulfill the Contractor’s obligations may cause the County to take over the services and prosecute the same for completion by Contract or otherwise. In such case, the contractor shall be liable to the County for any additional cost associated thereby.
III. The rights and remedies of the County provided in this Article are in addition to any other rights and remedies provided by law or under this Contract.
IV. Notwithstanding any other provision contained herein, any violation or breach of terms of this Contract on the part of the Contractor or their subcontractors may result in the suspension or termination of this Contract or such other action that may be necessary to enforce the rights of the parties of this Contract. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise impose or available by law.
Termination by the County. If the Contractor should be adjudged bankrupt or should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, the County may terminate the Contract. If the Contractor should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to provide enough properly skilled workers or proper materials, or persistently disregard laws and ordinances, or not proceed with work or otherwise be guilty of a substantial violation of any provision of this Contract, then the County may terminate the Contract. Prior to termination of the Contract, the County shall give the Contractor fifteen- (15) calendar day’s written notice. Upon receipt of such termination notice, the Contractor shall be allowed fifteen (15) calendar days to cure such deficiencies.
Termination by the County. Except as provided in Section 12.3 below, the County may terminate this Agreement at any time, with or without cause, upon not less than ninety (90) days advance written notice to the City. The termination notice shall specify the date on which the Agreement shall terminate.
Termination by the County a. The COUNTY may terminate this Agreement and MACBETH’s employment at any time, with or without cause, by an affirmative vote, upon not less than seven (7) days notice, of not less than three members of the Board of County Commissioners of the COUNTY, after a hearing if requested by MACBETH. If MACBETH desires a hearing, MACBETH shall request that hearing not less than twenty-four
Termination by the County. The County may immediately terminate this grant agreement with or without cause, upon 30 days’ written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed.
Termination by the County a. The COUNTY may terminate this Agreement and MACBETH’s employment at any time, with or without cause, by an affirmative vote, upon not less than seven (7) days notice, of not less than three members of the Board of County Commissioners of the COUNTY, after a hearing if requested by MACBETH. If MACBETH desires a hearing, MACBETH shall request that hearing not less than twenty-four (24) hours prior to the meeting at which the termination will be considered, as set forth in the notice.
b. Should a majority of the Board of County Commissioners vote to terminate the services of MACBETH “without cause”, then within forty-five (45) calendar days following that vote, the COUNTY shall pay to MACBETH any accrued and unpaid salary, any accrued and unpaid annual leave, and any used, but not yet paid, personal leave, calculated as provided in paragraphs 3 and 4 of this Agreement. The COUNTY shall also pay to MACBETH a lump sum severance pay equal to twelve (12) weeks of his base salary, less related deductions required by law, as full and complete payment and satisfaction of any claims of MACBETH of any and every nature arising out of this Agreement or otherwise, and as consideration for that payment, MACBETH shall, upon tender of payment by the COUNTY to MACBETH and prior to receipt thereof by MACBETH, execute and deliver to the COUNTY a general release of the COUNTY and its elected officials, officers, agents, and employees for all acts and actions (whether accrued or subsequently accruing) from the beginning of time until the date of release, that release to be prepared by MACBETH.
c. In the event MACBETH is terminated for “just cause,” the COUNTY shall have no obligation to pay the amounts described in subparagraph b of this paragraph 6. For purposes of this Agreement, “just cause” is defined as follows:
(1) Misfeasance, malfeasance and/or nonfeasance in performance of MACBETH’s duties and responsibilities.
(2) Conviction or a plea of guilty or no contest to any misdemeanor or felony crime, whether or not adjudication is withheld.
(3) Neglect of duty, including the inability or unwillingness to properly discharge the responsibilities of office.
(4) Violation of any substantive COUNTY policy, rule, or regulation, which would subject any other COUNTY employee to termination.
(5) The commission of any fraudulent act against the interest of the COUNTY.
(6) The commission of any act which involves moral turpitude, or which causes the COUNTY to be held in disrepute.
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Termination by the County. The County, in its sole and absolute discretion, may terminate this Agreement or any one or more Xxxxx(s) hereunder:
(i) if the Municipality has breached any provision of this Agreement (including without limitation reporting requirements in Schedule A hereto) or has failed to comply with any applicable local, state or federal law or regulation applicable to any Project and/or any Grant; or
(ii) if any representation or warranty made by the Municipality in any Application, this Agreement, or any certification or other supporting documentation thereunder or hereunder shall prove to have been incorrect in any material respect at the time made.
Termination by the County. If: (i) the Society is in default of its obligations under this Agreement beyond any applicable cure period; (b) the Dane County Board of Supervisors shall fail to appropriate sufficient funds to carry out the County's obligations under this Agreement, the County shall have the right to terminate this Agreement by giving written notice to the Society of such termination and specifying the effective date thereof; or (c) total annual revenues from the Society’s Concession Operations and unrestricted adjusted contributions as reported in the Society’s Statement of Activities increase by more than twenty-five percent as compared to the 2017 base amount of $3,800,000; the County shall have the right to terminate this Agreement by giving written notice to the Society of such termination and specifying the effective date thereof.
Termination by the County. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents or fails to perform any provision of this Agreement, and Contractor fails to cure such event within thirty (30) days following written notice from the County, or if such cure cannot reasonably be completed within thirty (30) days, if Contractor fails to commence such cure within thirty (30) days and diligently prosecute the same to completion, the County may, after seven (7) days written notice to the Contractor and without prejudice to any other remedy it may have, terminate this Agreement and take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever method it may deem expedient, and if the unpaid balance of the Contract Sum exceeds the expense of finishing the Work, such excess shall be paid to the Contractor, but if such expense exceeds such unpaid balance, the Contractor shall pay the difference to the County. These rights and remedies are in addition to any right to damages or other rights and remedies allowed by law.
