Common use of TERMINATION FOR CAUSE BY CITY Clause in Contracts

TERMINATION FOR CAUSE BY CITY. 5.3.1. Any violation or breach of terms of this Agreement on the part of the Consultant or its Subcontractors may result in the suspension or termination of this Agreement or such other action that may be necessary to enforce the rights of the Parties to this Agreement. The duties and obligations imposed by the Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law. 5.3.2. If Consultant defaults under this Agreement, the Director may either terminate this Agreement or allow Consultant to cure the default as provided below. The City's right to terminate this Agreement for Consultant's default is cumulative of all rights and remedies which exist now or in the future. Default by Consultant occurs if: 5.3.2.1. Consultant fails to perform any of its material duties under this Agreement; 5.3.2.2. Consultant becomes insolvent; 5.3.2.3. all or a substantial part of Consultant's assets are assigned for the benefit of its creditors; or 5.3.2.4. a receiver or trustee is appointed for Consultant. 5.3.3. If a default occurs, the Director may, but is not obligated to, deliver a written notice to Consultant describing the default and the termination date. The Director, at his sole option, may extend the termination date to a later date. If the Director allows Consultant to cure the default and Consultant does so to the Director's satisfaction before the termination date, then the termination is ineffective. If Consultant does not cure the default before the termination date, then the Director upon notice of termination, may terminate this Agreement on the termination date, at no further obligation to the City, and pay Consultant for all services performed, if any, through such date. 5.3.4. To effect final termination, the Director must notify Agreement in writing. After receiving the notice, Consultant shall, unless the notice directs otherwise, immediately discontinue all services under this Agreement, promptly cancel all orders or subcontracts chargeable to this Agreement and deliver all supplies and materials accumulated in performing this Agreement to a place designated by the Director. 5.3.5. In the event of termination due to Consultant's failure to fulfill its obligations, the City may take over the work and prosecute the same to completion by contract or otherwise. In such case, Consultant shall be liable to the City for any additional cost occasioned to the City thereby. 5.3.6. If after termination for failure to fulfill contract obligations, it is determined that the Consultant had not so failed, the termination shall be deemed to have been effected for the convenience of the City. In such event, payment shall be made as provided in Section 5.2. 5.3.7. The rights and remedies of the City provided in Section 5.3 are in addition to any other rights and remedies provided by law or under this Agreement.

TERMINATION FOR CAUSE BY CITY. 5.3.1. Any violation or breach of terms of this Agreement on the part of the Consultant Firm or its Subcontractors may result in the suspension or termination of this Agreement or such other action that may be necessary to enforce the rights of the Parties to this Agreement. The duties and obligations imposed by the Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law. 5.3.2. If Consultant Firm defaults under this Agreement, the Director may either terminate this Agreement or allow Consultant Firm to cure the default as provided below. The City's right to terminate this Agreement for ConsultantFirm's default is cumulative of all rights and remedies which exist now or in the future. Default by Consultant Firm occurs if: 5.3.2.1. Consultant Firm fails to perform any of its material duties under this Agreement; 5.3.2.2. Consultant Firm becomes insolvent; 5.3.2.3. all or a substantial part of ConsultantFirm's assets are assigned for the benefit of its creditors; or 5.3.2.4. a receiver or trustee is appointed for ConsultantFirm. 5.3.3. If a default occurs, the Director may, but is not obligated to, deliver a written notice to Consultant Firm describing the default and the termination date. The Director, at his sole option, may extend the termination date to a later date. If the Director allows Consultant Xxxx to cure the default and Consultant Firm does so to the Director's satisfaction before the termination date, then the termination is ineffective. If Consultant Firm does not cure the default before the termination date, then the Director upon notice of termination, may terminate this Agreement on the termination date, at no further obligation to the City, and pay Consultant Firm for all services performed, if any, through such date.. DocuSign Envelope ID: 3A2F3DF3-9B48-49BB-A139-6E694AE7D3FE 5.3.4. To effect final termination, the Director must notify Agreement Firm in writing. After receiving the notice, Consultant Firm shall, unless the notice directs otherwise, immediately discontinue all services under this Agreement, promptly cancel all orders or subcontracts chargeable to this Agreement and deliver all supplies and materials accumulated in performing this Agreement to a place designated by the Director. 5.3.5. In the event of termination due to ConsultantFirm's failure to fulfill its obligations, the City may take over the work and prosecute the same to completion by contract or otherwise. In such case, Consultant Firm shall be liable to the City for any additional cost occasioned to the City thereby. 5.3.6. If after termination for failure to fulfill contract obligations, it is determined that the Consultant Firm had not so failed, the termination shall be deemed to have been effected for the convenience of the City. In such event, payment shall be made as provided in Section 5.2. 5.3.7. The rights and remedies of the City provided in Section 5.3 are in addition to any other rights and remedies provided by law or under this Agreement.

TERMINATION FOR CAUSE BY CITY. 5.3.1. 5.3.1 Any violation or breach of terms of this Agreement on the part of the Consultant Performer or its Subcontractors subcontractors may result in the suspension or termination of this Agreement or such other action that may be necessary to enforce the rights of the Parties to this Agreement. The duties and obligations imposed by the Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law. 5.3.2. 5.3.2 If Consultant Performer defaults under this Agreement, the Director may either terminate this Agreement or allow Consultant Performer to cure the default as provided below. The City's right to terminate this Agreement for ConsultantPerformer's default is cumulative of all rights and remedies which exist now or in the future. Default by Consultant Performer occurs if: 5.3.2.1. Consultant 5.3.2.1 Performer fails to perform any of its material duties under this Agreement; 5.3.2.2. Consultant 5.3.2.2 Performer becomes insolvent; 5.3.2.3. 5.3.2.3 all or a substantial part of ConsultantPerformer's assets are assigned for the benefit of its creditors; or 5.3.2.4. 5.3.2.4 a receiver or trustee is appointed for ConsultantPerformer. 5.3.3. 5.3.3 If a default occurs, the Director may, but is not obligated to, deliver a written notice to Consultant Performer describing the default and the termination date. The Director, at his sole option, may extend the termination date to a later date. If the Director allows Consultant Performer to cure the default and Consultant Performer does so to the Director's satisfaction before the termination date, then the termination is ineffective. If Consultant Performer does not cure the default before the termination date, then the Director upon notice of termination, may terminate this Agreement on the termination date, at no further obligation to the City, and pay Consultant Performer for all services performed, if any, through such date. 5.3.4. 5.3.4 To effect final termination, the Director must notify Agreement Performer in writing. After receiving the notice, Consultant Performer shall, unless the notice directs otherwise, immediately discontinue all services under this Agreement, promptly cancel all orders or subcontracts chargeable to this Agreement and deliver all supplies and materials accumulated in performing this Agreement to a place designated by the Director. 5.3.5. 5.3.5 In the event of termination due to ConsultantPerformer's failure to fulfill its obligations, the City may take over the work and prosecute the same to completion by contract or otherwise. In such case, Consultant Performer shall be liable to the City for any additional cost occasioned to the City thereby. 5.3.6. 5.3.6 If after termination for failure to fulfill contract obligations, it is determined that the Consultant Performer had not so failed, the termination shall be deemed to have been effected for the convenience of the City. In such event, payment shall be made as provided in Section 5.2. 5.3.7. 5.3.7 The rights and remedies of the City provided in Section 5.3 are in addition to any other rights and remedies provided by law or under this Agreement.

TERMINATION FOR CAUSE BY CITY. 5.3.1. Any violation or breach of terms of this Agreement on the part of the Consultant Firm or its Subcontractors may result in the suspension or termination of this Agreement or such other action that may be necessary to enforce the rights of the Parties to this Agreement. The duties and obligations imposed by the Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law. 5.3.2. If Consultant Firm defaults under this Agreement, the Director may either terminate this Agreement or allow Consultant Firm to cure the default as provided below. The City's right to terminate this Agreement for ConsultantFirm's default is cumulative of all rights and remedies which exist now or in the future. Default by Consultant Firm occurs if: 5.3.2.1. Consultant Firm fails to perform any of its material duties under this Agreement; 5.3.2.2. Consultant Firm becomes insolvent; 5.3.2.3. all or a substantial part of ConsultantFirm's assets are assigned for the benefit of its creditors; or 5.3.2.4. a receiver or trustee is appointed for ConsultantFirm. 5.3.3. If a default occurs, the Director may, but is not obligated to, deliver a written notice to Consultant Firm describing the default and the termination date. The Director, at his sole option, may extend the termination date to a later date. If the Director allows Consultant Firm to cure the default and Consultant Firm does so to the Director's satisfaction before the termination date, then the termination is ineffective. If Consultant Firm does not cure the default before the termination date, then the Director upon notice of termination, may terminate this Agreement on the termination date, at no further obligation to the City, and pay Consultant Firm for all services performed, if any, through such date. 5.3.4. To effect final termination, the Director must notify Agreement Firm in writing. After receiving the notice, Consultant Firm shall, unless the notice directs otherwise, immediately discontinue all services under this Agreement, promptly cancel all orders or subcontracts chargeable to this Agreement and deliver all supplies and materials accumulated in performing this Agreement to a place designated by the Director. 5.3.5. In the event of termination due to ConsultantFirm's failure to fulfill its obligations, the City may take over the work and prosecute the same to completion by contract or otherwise. In such case, Consultant Firm shall be liable to the City for any additional cost occasioned to the City thereby. 5.3.6. If after termination for failure to fulfill contract obligations, it is determined that the Consultant Firm had not so failed, the termination shall be deemed to have been effected for the convenience of the City. In such event, payment shall be made as provided in Section 5.2. 5.3.7. The rights and remedies of the City provided in Section 5.3 are in addition to any other rights and remedies provided by law or under this Agreement.