TERMINATION BY THE OWNER. The Owner may terminate this Contract in accordance with the following terms and conditions:
(A) The Owner may, for any reason whatsoever, terminate performance under this Contract by the Contractor for convenience. The Owner shall give written notice of such termination to the Contractor specifying when termination becomes effective. The Contractor shall incur no further obligations in connection with the work and the Contractor shall stop work when such termination becomes effective. The Contractor shall also terminate outstanding orders and subcontracts. The Contractor shall settle the liabilities and claims arising out of the termination of subcontracts and orders. The Owner may direct the Contractor to assign the Contractor's right, title and interest under termination orders or subcontracts to the Owner or its designee. The Contractor shall transfer title and deliver to the Owner such completed or partially completed work and materials, equipment, parts, fixtures, information and Contract rights as the Contractor has. When terminated for convenience, the Contractor shall be compensated as follows:
(1) The Contractor shall submit a termination claim to the Owner specifying the amounts due because of the termination for convenience together with costs, pricing or other data required by the Owner. If the Contractor fails to file a termination claim within one (1) year from the effective date of termination, the Owner shall pay the Contractor, an amount derived in accordance with Subparagraph (3) below;
(2) The Owner and the Contractor may agree to the compensation, if any, due to the Contractor hereunder;
(3) Absent agreement to the amount due to the Contractor, the Owner shall pay the Contractor the following amounts:
(a) Contract prices for labor, materials, equipment and other services accepted under this Contract;
(b) Reasonable costs incurred in preparing to perform and in performing the terminated portion of the work, and in terminating the Contractor's performance, plus a fair and reasonable allowance for direct jobsite overhead and profit thereon (such profit shall not include anticipated profit or consequential damages); provided however, that if it appears that the Contractor would have not profited or would have sustained a loss if the entire Contract would have been completed, no profit shall be allowed or included and the amount of compensation shall be reduced to reflect the anticipated rate of loss, if any;
(c) Reasonable costs of settlin...
TERMINATION BY THE OWNER. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents or fails to perform any provision of the Contract, the Owner or Owner’s Representative may, after fourteen days' written notice to the Contractor and without prejudice to any other remedy the Owner may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor or, at Owner's or Owner’s Representative’s option, may terminate Contractor's work under the Contract and take possession of the site and of all materials thereon owned by the Contractor and may finish the Work by whatever method Owner 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 Owner. These rights and remedies are in addition to any right to damages or other rights and remedies allowed by law.
TERMINATION BY THE OWNER. 14.2.1 The Owner may terminate the contract if the Contractor:
14.2.1.1 refuses or fails to supply enough properly skilled workers or proper materials;
14.2.1.2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors;
14.2.1.3 disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction;
14.2.1.4 is guilty of substantial breach of a provision of the Contract Document;
14.2.1.5 breaches any warranty made by the Contractor under or pursuant to the Contract Documents;
14.2.1.6 fails to furnish the Owner with assurances satisfactory to the Owner evidencing the Contractor's ability to complete the Work in compliance with all the requirements of the Contract Documents;
14.2.1.7 fails after commencement of the Work to proceed continuously with the construction and completion of the Work for more than ten (10) days, except as permitted under the Contract Documents.
14.2.2 When any of the above reasons exist, the Owner may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven (7) days' written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety:
14.2.2.1 take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor;
14.2.2.2 accept assignment of subcontracts pursuant to Paragraph 5.4; and
14.2.2.3 finish the Work by whatever reasonable method the Owner may deem to be in the Owner’s best interest.
14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished.
14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses, and any legal expenses, made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Architect, upon application, and this obligation for payment shall survive termination of the Contract.
TERMINATION BY THE OWNER. The Owner shall have the right to terminate this Agreement upon written notice to the Licensee in the event of the occurrence of any of the following:
(a) the Licensee defaults in the payment of the License Fee or any other sum due under this Agreement, and such default continues for more than thirty (30) days after receipt of written notice of such default by the Owner to the Licensee;
(b) the Licensee defaults in the observance or performance of any of the Licensee’s obligations under this Agreement and such default continues for more than thirty (30) days after receipt of written notice of such default by the Owner to the Licensee, unless such default cannot reasonably be cured within such thirty (30) day period, in which event the period for curing such default shall be extended for the minimum period of time reasonably required to effect such cure, provided that the Licensee promptly commences such cure with reasonable diligence; or
(c) the Licensee makes an assignment for the benefit of creditors or becomes bankrupt, or takes the benefit of, and becomes subject to, the legislation in force relating to bankruptcy or insolvency, it being understood that the appointment of a receiver, receiver/manager or trustee of the property and the assets of the Licensee is conclusive evidence of insolvency.
TERMINATION BY THE OWNER. 19.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials;
TERMINATION BY THE OWNER. 12.1.1 This Agreement may be terminated by the Owner upon 14 days’ written notice to the Design Builder in the event that the Project is abandoned. If such termination occurs, the Owner shall pay the Design Builder for Work completed and for proven loss sustained upon materials, equipment, tools, and construction equipment machinery, including reasonable profit and applicable damages.
12.1.2 If the Design Builder defaults or persistently fails or neglects to carry out the Work in accordance with the Contract Documents or fails to perform the provisions of this Agreement, the Owner may give written notice that the Owner intends to terminate this Agreement. If the Design Builder fails to correct the defaults, failure or neglect within fourteen (14) days after being given notice, the Owner may then give a second written notice and, after an additional fourteen (14) days the Owner may without prejudice to any other remedy terminate the employment of the Design Builder and take possession of the site and of all materials, equipment and finish the Work by whatever method the Owner may deem expedient. If the unpaid balance of the Contract Sum exceeds the expense of finishing the Work and all damages incurred by the Owner, such excess shall be paid to the Design Builder. If the expense of completing the Work and all damages incurred by the Owner exceeds the unpaid balance, the Design Builder shall pay the difference to the Owner. This obligation for payment shall survive termination of this Agreement.
TERMINATION BY THE OWNER. If the CONTRACTOR defaults or neglects to carry out the Work in accordance with the Contract Documents or fails to perform any provision of the Contract, the OWNER may, after seven days' written notice to the CONTRACTOR and without prejudice to any other remedy he may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the CONTRACTOR or, at his option, may terminate CONTRACTOR's work under the Contract 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 he 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 OWNER. These rights and remedies are in addition to any right to damages or other rights and remedies allowed by law.
TERMINATION BY THE OWNER. If the CONTRACTOR defaults or neglects to carry out the Work in accordance with the Contract Documents or fails to perform any provision of the Contract, the OWNER may, after seven days' written notice to the CONTRACTOR and without prejudice to any other remedy he may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the CONTRACTOR or, at his option, may terminate CONTRACTOR's work under the Contract and take possession of the site and of all materials and may finish the Work by whatever method he 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 OWNER. These rights and remedies are in addition to any right to damages or other rights and remedies allowed by law.
TERMINATION BY THE OWNER. Th e Owner may, at its sole discretion, terminate all or a portion of the Services not then properly performed under this Agreement at any time with or without cause upon written notice to Consultant. All Instruments of Service shall thereupon become the property of the Owner, and the Owner shall indemnify and hold harmless the Consultant, its agents and employees, from any claims arising from the Owner’s subsequent use of the Instruments of Service after termination.
TERMINATION BY THE OWNER. The Owner may terminate this Agreement in its entirety in any of the following circumstances:
(A) if, for reasons other than Force Majeure, a continuing material non-conforming performance occurs as to the Operator’s provision of the Operation Services for more than four (4) weeks and the Owner has given the Operator written notice of such non-conforming performance and within thirty (30) days thereafter such unsatisfactory performance has not been corrected or the Operator has not developed and implemented a plan of corrective action reasonably satisfactory to the Owner to prevent the reoccurrence of such non-conforming performance;
(B) with at least eighteen (18) months’ prior written notice or, if that is impossible, with as much notice as is possible under the circumstances, and in any event promptly after the Owner has made such decision, if the Owner decides to cease production at the Plant;
(C) with as much notice as is possible under the circumstances and in any event promptly after the Owner has made such decision, if the Owner decides to cease operations at the Plant on the ground that it does not desire to undertake Improvements required by Law or HSE Standards;
(D) subject as otherwise provided in Appendix 7, with three (3) years’ prior written notice; and
(E) if either of the SUMF Agreements is terminated, by giving to the Operator the same period of notice, if any, as has been required to be given for terminating the SUMF Agreements.
