Common use of Termination for Breach of Contract Clause in Contracts

Termination for Breach of Contract. 1. Except for excusable delays as provided in PSC-7, if CONTRACTOR fails to perform any of the provisions of this Contract or so fails to make progress as to endanger timely performance of this Contract, the CITY may give CONTRACTOR written notice of such default. If CONTRACTOR does not cure such default or provide a plan to cure such default which is acceptable to the CITY within the time permitted by the CITY, then the CITY may terminate this Contract due to CONTRACTOR’S breach of this Contract. 2. If a federal or state proceeding for relief of debtors is undertaken by or against CONTRACTOR, or if CONTRACTOR makes an assignment for the benefit of creditors, then the CITY may immediately terminate this Contract. 3. If CONTRACTOR engages in any dishonest conduct related to the performance or administration of this Contract or violates the CITY’S lobbying policies, then the CITY may immediately terminate this Contract. 4. In the event the CITY terminates this Contract as provided in this section, the CITY may procure, upon such terms and in such manner as the CITY may deem appropriate, services similar in scope and level of effort to those so terminated, and CONTRACTOR shall be liable to the CITY for all of its costs and damages, including, but not limited, any excess costs for such services. 5. All finished or unfinished documents and materials produced or procured under this Contract, including all intellectual property rights thereto, shall become CITY property upon date of such termination. CONTRACTOR agrees to execute any documents necessary for the CITY to perfect, memorialize, or record the CITY’S ownership of rights provided herein. 6. If, after notice of termination of this Contract under the provisions of this section, it is determined for any reason that CONTRACTOR was not in default under the provisions of this section, or that the default was excusable under the terms of this Contract, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to PSC-10(A)

Termination for Breach of Contract. 1. Except for excusable delays Should the CONTRACTOR at any time (i) be adjudicated as provided in PSC-7bankrupt, if CONTRACTOR fails to perform any of the provisions of this Contract or so fails to make progress as to endanger timely performance of this Contract, the CITY may give CONTRACTOR written notice of such default. If CONTRACTOR does not cure such default or provide makes a plan to cure such default which is acceptable to the CITY within the time permitted by the CITY, then the CITY may terminate this Contract due to CONTRACTOR’S breach of this Contract. 2. If a federal or state proceeding for relief of debtors is undertaken by or against CONTRACTOR, or if CONTRACTOR makes an general assignment for the benefit of creditors, then makes or permits the CITY may immediately terminate this Contract. 3. If CONTRACTOR engages in appointment of a receiver for all or substantially all its property, or fails or refuses to prosecute the Work as provided for herein or (ii) fails to perform any dishonest conduct related to the performance or administration other requirement of this Contract and does start to cure such failure within the next five (5) Days after written notice thereof is given by OWNER or violates presents in writing reasonable argumentation acceptable to the CITYOWNER as to why such action is not necessary or required or (iii) does not cure such failure within a reasonable term satisfactory to OWNER taking into consideration such failure, the OWNER shall have the right, at its election and without prejudice to any other remedies, to perform an inventory of the advance of the Work up to the date of termination and take possession for the purposes of completing the Work, of all materials, tools, equipment and appliances at the site (which are not owned by the CONTRACTOR or Subcontractors), and either complete or employ any other person or persons to complete the Work. A copy of such inventory shall be delivered to the CONTRACTOR. In case of such termination of the employment of the CONTRACTOR, CONTRACTOR shall not be entitled to any further payment other than the portion of the Work completed pursuant to the Contract Documents up to the effective date of termination, without prejudice to OWNER’S lobbying policiesright to collect from CONTRACTOR any and all damages and losses caused to OWNER as a result of CONTRACTOR’S breach. CONTRACTOR shall be liable for the Work it has performed until the date of termination hereof. Should OWNER or its holding company at any time (i) be adjudicated as bankrupt or (ii) fails to perform any of its obligations under this Contract and does not start to cure such failure within the next five (5) Days of receiving written notice from CONTRACTOR of such failure, then the CITY may immediately CONTRACTOR shall have the right to, at its own discretion, (i) terminate this Contract. 4. In Contract or (ii) request the event the CITY terminates this Contract as provided in this section, the CITY may procure, upon such terms and in such manner as the CITY may deem appropriate, services similar in scope and level full compliance of effort to those so terminatedOWNER’S obligations hereunder, and CONTRACTOR shall be liable have the right to collect the CITY for reasonable cost and expenses that it may incur by reason of OWNER’S failure to comply herewith, all of its costs and damages, including, but not limited, any excess costs for such services. 5. All finished or unfinished documents and materials produced or procured under this Contract, including all intellectual property rights thereto, other amounts CONTRACTOR shall become CITY property upon date of such termination. CONTRACTOR agrees have right to execute any documents necessary for the CITY to perfect, memorialize, or record the CITY’S ownership of rights provided herein. 6. If, after notice of termination of as set forth in this Contract under the provisions of this section, it is determined for and any reason that all damages caused to CONTRACTOR was not in default under the provisions of this section, or that the default was excusable under the terms of this Contract, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant due to PSC-10(A)OWNER’S breach hereof.

Termination for Breach of Contract. 1. 9B.1 Except for excusable delays as provided in PSC-7Article 20, if CONTRACTOR fails to perform any of the provisions of this Contract or so fails to make progress as to endanger timely performance of this Contract, the CITY may give CONTRACTOR written notice of such default. If CONTRACTOR does not cure such default or provide a plan to cure such default which is acceptable to the CITY within the time permitted by the CITY, then the CITY may terminate this Contract due to CONTRACTOR’S 'S breach of this Contract. 2. 9B.2 If a federal or state proceeding for relief of debtors is undertaken by or against CONTRACTOR, or if CONTRACTOR makes an assignment for the benefit of creditors, then the CITY may immediately terminate this Contract. 3. 9B.3 If CONTRACTOR engages in any dishonest conduct related to the performance or administration of this Contract or violates the CITY’S 'S lobbying policies, then the CITY may immediately terminate this Contract. 4. 9B.4 In the event the CITY terminates this Contract as provided in this sectionSection, the CITY may procure, upon such terms and in such manner as the CITY may deem appropriate, services similar in scope and level of effort to those so terminated, and CONTRACTOR shall be liable to the CITY for all of its costs and damages, including, but not limitedlimited to, any excess costs for such services. 5. 9B.5 All finished or unfinished documents and materials produced or procured under this Contract, including all intellectual property rights thereto, shall become CITY property upon date of such termination. CONTRACTOR XXXXXXXXXX agrees to execute any documents necessary for the CITY to perfect, memorialize, or record the CITY’S 'S ownership of rights provided herein. 6. 9B.6 If, after notice of termination of this Contract under the provisions of this sectionSection, it is determined for any reason that CONTRACTOR was not in default under the provisions of this sectionSection, or that the default was excusable under the terms of this Contract, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to PSC-10(A)Article 9A Termination for Convenience. 9B.7 The rights and remedies of the CITY provided in this Article shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract.

Termination for Breach of Contract. 1. 8.2.1 Except for excusable delays as provided in PSC-7Article 20, if CONTRACTOR CONSULTANT fails to perform any of the provisions of this Contract or so fails to make progress as to endanger timely performance of this Contract, the CITY may give CONTRACTOR CONSULTANT written notice of such default. If CONTRACTOR CONSULTANT does not cure such default or provide a plan to cure such default which is acceptable to the CITY within the time permitted by the CITY, then the CITY may terminate this Contract due to CONTRACTORCONSULTANT’S breach of this Contract. 2. 8.2.2 If a federal or state proceeding for relief of debtors is undertaken by or against CONTRACTORCONSULTANT, or if CONTRACTOR CONSULTANT makes an assignment for the benefit of creditors, then the CITY may immediately terminate this Contract. 3. 8.2.3 If CONTRACTOR CONSULTANT engages in any dishonest conduct related to the performance or administration of this Contract or violates the CITY’S lobbying policies, then the CITY may immediately terminate this Contract. 4. 8.2.4 In the event the CITY terminates this Contract as provided in this sectionSection, the CITY may procure, upon such terms and in such manner as the CITY may deem appropriate, services similar in scope and level of effort to those so terminated, and CONTRACTOR CONSULTANT shall be liable to the CITY for all of its costs and damages, including, but not limited, any excess costs for such services. 5. 8.2.5 All finished or and unfinished documents and materials produced or procured under this Contract, including all intellectual property rights thereto, shall become CITY property upon date of such termination. CONTRACTOR CONSULTANT agrees to execute any documents necessary for the CITY to perfect, memorialize, or record the CITY’S ownership of rights provided herein. 6. 8.2.6 If, after notice of termination of this Contract under the provisions of this sectionSection, it is determined for any reason that CONTRACTOR CONSULTANT was not in default under the provisions of this section, or that the default was excusable under the terms of this Contract, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to PSC-10(A)the