Common use of Termination Default and Remedies Clause in Contracts

Termination Default and Remedies. The City may cancel this Contract for any reason without cause upon thirty (30) days' written notice. Both the City and the Consultant may terminate this Contract upon sixty (60) days' written notice if either party fails to fulfill its obligations under the Contract in a proper and timely manner, or otherwise violates the terms of this Contract. The non-defaulting party shall have the right to terminate this Contract, if the default has not been cured after ten (10) days' written notice or such other reasonable time period to cure the default has been provided. If termination shall be without cause, the City shall pay Consultant all compensation earned to the date of termination. If the termination shall be for breach of this Contract by Consultant, the City shall pay Consultant all compensation earned prior to the date of termination minus any damages and costs incurred by the City as a result of the breach. If the Contract is canceled or terminated, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports or other materials prepared by the Consultant under this Contract shall, at the option of the City, become the property of the City, and the Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Contract by the Consultant. The City may, in such event, withhold payments due to the Consultant for the purpose of set-off until such time as the exact amount of damages due to the City is determined. The rights or remedies provided for herein shall not limit the City, in case of any default by the Consultant, from asserting any other right or remedy allowed by law, equity, or by statute. The Consultant has not waived any rights or defenses in seeking any amounts withheld by the City or any damages due the Consultant.

Termination Default and Remedies. The City MPRB may cancel this Contract for any reason without cause upon thirty (30) days' ’ written notice. Both the City MPRB and the Consultant may terminate this Contract upon sixty (60) days' written ’ notice if either party fails to fulfill its obligations under the Contract in a proper and timely manner, or otherwise violates the terms of this Contract. The non-defaulting party shall have the right to terminate this Contract, if the default has not been cured after ten (10) days' ’ written notice or such other reasonable time period to cure the default has been provided. If termination shall be without cause, the City MPRB shall pay the Consultant all compensation earned to the date of termination. If the termination shall be for breach of this Contract by the Consultant, the City MPRB shall pay the Consultant all compensation earned prior to the date of termination minus any damages and costs incurred by the City MPRB as a result of the breach. If the Contract is canceled or terminated, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports or other materials prepared by the Consultant under this Contract shall, at the option of the CityMPRB, become the property of the CityMPRB, and the Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. Notwithstanding the above, the Consultant shall not be relieved of liability to the City MPRB for damages sustained by the City MPRB as a result of any breach of this Contract by the Consultant. The City MPRB may, in such event, withhold payments due to the Consultant for the purpose of set-off until such time as the exact amount of damages due to the City MPRB is determined. The rights or remedies provided for herein shall not limit the CityMPRB, in case of any default by the Consultant, from asserting any other right or remedy allowed by law, equity, or by statute. The Consultant has not waived any rights or defenses in seeking any amounts withheld by the City MPRB or any damages due the Consultant.

Termination Default and Remedies. The City may cancel this Contract for any reason without cause upon thirty (30) days' written notice. Both the City and the Consultant Provider may terminate this Contract upon sixty (60) days' written notice if either party fails to fulfill its obligations under the Contract in a proper and timely manner, or otherwise violates the terms of this Contract. The non-defaulting party shall have the right to terminate this Contract, if the default has not been cured after ten (10) days' written notice or such other reasonable time period to cure the default has been provided. If termination shall be without cause, the City shall pay Consultant Provider all compensation earned to the date of termination. If the termination shall be for breach of this Contract by ConsultantProvider, the City shall pay Consultant Provider all compensation earned prior to the date of termination minus any damages and costs incurred by the City as a result of the breach. If the Contract is canceled or terminated, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports or other materials prepared by the Consultant Provider under this Contract shall, at the option of the City, become the property of the City, and the Consultant Provider shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. Notwithstanding the above, the Consultant Provider shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Contract by the ConsultantProvider. The City may, in such event, withhold payments due to the Consultant Provider for the purpose of set-off until such time as the exact amount of damages due to the City is determined. The rights or remedies provided for herein shall not limit the City, in case of any default by the ConsultantProvider, from asserting any other right or remedy allowed by law, equity, or by statute. The Consultant Provider has not waived any rights or defenses in seeking any amounts withheld by the City or any damages due the ConsultantProvider.

Termination Default and Remedies. The City may cancel this Contract for any reason without cause upon thirty (30) days' ’ written notice. Both the City and the Consultant Contractor may terminate this Contract upon sixty (60) days' ’ written notice if either party fails to fulfill its obligations under the Contract in a proper and timely manner, or otherwise violates the terms of this Contract. The non-defaulting party shall have the right to terminate this Contract, if the default has not been cured after ten (10) days' ’ written notice or such other reasonable time period to cure the default has been provided. If termination shall be without cause, the City shall pay Consultant Contractor all compensation earned to the date of termination. If the termination shall be for breach of this Contract by ConsultantContractor, the City shall pay Consultant Contractor all compensation earned prior to the date of termination minus any damages and costs incurred by the City as a result of the breach. If the Contract is canceled or terminated, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports or other materials prepared by the Consultant Contractor under this Contract shall, at the option of the City, become the property of the City, and the Consultant Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. Notwithstanding the above, the Consultant Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Contract by the ConsultantContractor. The City may, in such event, withhold payments due to the Consultant Contractor for the purpose of set-off until such time as the exact amount of damages due to the City is determined. The rights or remedies provided for herein shall not limit the City, in case of any default by the ConsultantContractor, from asserting any other right or remedy allowed by law, equity, or by statute. The Consultant Contractor has not waived any rights or defenses in seeking any amounts withheld by the City or any damages due the ConsultantContractor.

Termination Default and Remedies. The City may cancel this Contract for any reason without cause upon thirty ninety (3090) days' ’ written notice. Both the City and the Consultant may terminate this Contract upon sixty (60) days' ’ written notice if either party fails to fulfill its obligations under the Contract in a proper and timely manner, or otherwise violates the terms of this Contract. The non-defaulting party shall have the right to terminate this Contract, if the default has not been cured after ten (10) days' written notice in such 60 day cure period or such other reasonable time period to cure the default that has been provided. If termination shall be without cause, the City shall pay Consultant all compensation earned to the date of termination. If the termination shall be for breach of this Contract by Consultant, the City shall pay Consultant all compensation earned prior to the date of termination minus any damages and costs incurred by the City as a result of the breach. If the Contract is canceled or terminated, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports or other materials prepared by DocuSign Envelope ID: 0B3AC169-957E-4F7D-939A-78E9CDB9E5E4 the Consultant under this Contract shall, at the option of the City, become the property of the City, and the Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Contract by the Consultant. The City may, in such event, withhold payments due to the Consultant for the purpose of set-off until such time as in the exact amount of the damages due to the City is determinedCity. The rights or remedies provided for herein shall not limit the City, in case of any default by the Consultant, from asserting any other right or remedy allowed by law, equity, or by statute. The Consultant has not waived any rights or defenses in seeking any amounts withheld by the City or any damages due the Consultant.