Common use of Termination Claims Clause in Contracts

Termination Claims. After receipt of a Notice of Termination, the Lessee shall submit to LESSOR any termination claim in the form and with the certification prescribed by the LESSOR. Such claim shall be submitted promptly but in no event later than six months from the effective date of termination, unless one or more extensions in writing are granted by the LESSOR with such six month period or authorized extension thereof. However, if the LESSOR determines that the Lessors justify such action, he may receive and act upon any such termination claim at any time after such six month period or any extension thereof. Upon failure of the Lessee to submit its termination claim within the time allowed, the LESSOR may, subject to any review required by the Commonwealth procedures in effect as of the date of execution of the Lease, determine, on the basis of information available, the amount (if any) due to the Lessee by reason of the termination and shall thereupon cause to be paid to the Lessee the amount so determined. Subject to the provisions of the previous paragraph and any review required by the Commonwealth procedures in effect as of the date of execution of the Lease, the Lessee and the Commonwealth may agree upon the amounts to be paid to the Lessee by reason of the total or partial termination of work pursuant to this article. The Lease shall be amended accordingly. In the event of the failure of the Lessee and the Commonwealth to agree in whole or in part as to the amounts with respect to cost to be paid to the Lessee in connection with the total or partial termination of work pursuant to this article, the Commonwealth shall determine (on the basis of information available) the amount, if any, due to the Lessee by reason of termination and shall pay to the Lessee the amount so determined. The Lessee shall have the right of appeal, as stated under Disputes Section 41 from any such determination made by the Commonwealth.

Appears in 4 contracts

Samples: Lease Agreement, Lease Agreement, Lease Agreement

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Termination Claims. After receipt of a Notice of Termination, the Lessee Offeror shall submit to LESSOR the purchasing official any termination claim in the form and with the certification prescribed by the LESSORpurchasing official. Such claim shall be submitted promptly but in no event later than six months from the effective date of termination, unless one or more extensions in writing are granted by the LESSOR purchasing official with such six month period or authorized extension thereof. However, if the LESSOR purchasing official determines that the Lessors facts justify such action, he may receive and act upon any such termination claim at any time after such six month period or any extension thereof. Upon failure of the Lessee Offeror to submit its termination claim within the time allowed, the LESSOR purchasing official may, subject to any review required by the Commonwealth procedures in effect as of the date of execution of the Leasecontract, determine, on the basis of information availableavailable to him, the amount (if any) due to the Lessee Offeror by reason of the termination and shall thereupon cause to be paid to the Lessee Offeror the amount so determined. Subject to the provisions of the previous paragraph and any review required by the Commonwealth procedures in effect as of the date of execution of the Leasecontract, the Lessee Offeror and the Commonwealth may agree upon the amounts to be paid to the Lessee Offeror by reason of the total or partial termination of work pursuant to this article. The Lease contract shall be amended accordingly. In the event of the failure of the Lessee Offeror and the Commonwealth to agree in whole or in part as to the amounts with respect to cost to be paid to the Lessee Offeror in connection with the total or partial termination of work pursuant to this article, the Commonwealth shall determine (on the basis of information available) the amount, if any, due to the Lessee Offeror by reason of termination and shall pay to the Lessee Offeror the amount so determined. The Lessee Offeror shall have the right of appeal, as stated under Disputes Section 41 IV K from any such determination made by the Commonwealth.

Appears in 1 contract

Samples: Lease Agreement

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Termination Claims. After receipt of a Notice notice of Terminationtermination, the Lessee shall Vendor must submit to LESSOR the Project Manager and the Department any termination claim in the form and with the certification prescribed by the LESSORProject Manager and the Department. Such In no event shall such claim shall be submitted promptly but in no event later than six months sixty (60) days from the effective date of termination, unless one or more extensions in writing are granted by the LESSOR with such six month period or authorized extension thereof. However, if the LESSOR determines that the Lessors justify such action, he may receive and act upon any such termination claim at any time after such six month period or any extension thereof. Upon failure of the Lessee Vendor to submit its termination claim within the time allowed, the LESSOR Project Manager and the Commissioner of Insurance may, subject to any review required by the Commonwealth State procedures in effect as of the date of execution of the Leasecontract, determine, on the basis of information available, the amount (amount, if any) , due to the Lessee Vendor by reason of the termination and shall thereupon cause to be paid to the Lessee Vendor the amount so determined. Subject Upon receipt of notice of termination, Vendor must have no entitlement to the provisions of the previous paragraph and receive any review required amount for lost revenues or anticipated profits or for expenditures associated with this or in any other contract. Vendor shall be paid only by the Commonwealth procedures in effect following upon termination:  At the contract price(s) for completed deliverables and services delivered to and thereafter accept- ed by the Department  At a price mutually agreed upon by the Vendor and the Department or otherwise on a pro rata basis for partially completed deliverables (which are provided as-is, without warranty of any kind)  All amounts withheld from payment pursuant to Section 6.8 below (the withholding as referenced therein) not yet paid as of such termination, even the date of execution of the Lease, the Lessee and the Commonwealth may agree upon the amounts to be paid to the Lessee by reason of the total system has not yet been delivered or partial termination of work pursuant to this article. The Lease shall be amended accordinglyaccepted. In the event of the failure of the Lessee Vendor and the Commonwealth Department to agree in whole or in part as to the amounts with respect to cost costs to be paid to the Lessee Vendor in connection with the total or partial termination of work pursuant to this article, the Commonwealth Department amount shall determine (be determined on the basis of information available) in- formation available the amount, if any, due to the Lessee Vendor by reason of termination and the Department shall pay to the Lessee Vendor the amount so determined. The Lessee shall have the right of appeal, as stated under Disputes Section 41 from any such determination made by the Commonwealth.

Appears in 1 contract

Samples: www.insurance.alabama.gov

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