Common use of TERMINATION FOR CAUSE BY CITY Clause in Contracts

TERMINATION FOR CAUSE BY CITY. 5.3.1. If Engineer defaults under this Contract, the Director may either terminate this Contract or allow Engineer to cure the default as provided below. The City's rights and remedies provided in this Section 5.3 are in addition to all rights and remedies provided by law or under this Contract. Default by Engineer occurs if: 5.3.1.1. Engineer fails to perform any of its duties under this Contract; 5.3.1.2. Engineer becomes insolvent; 5.3.1.3. all or a substantial part of Engineer’s assets are assigned for the benefit of its creditors; or 5.3.1.4. a receiver or trustee is appointed for Engineer. 5.3.2. If a default occurs, the Director may deliver a written notice to Engineer describing the default and the termination date. The Director, at his sole option, may extend the termination date to a later date. If Engineer cures the default to the Director’s satisfaction before the termination date, then the termination is ineffective. If Engineer does not cure the default before the termination date, then the Director upon notice of termination, may terminate this Contract on the termination date, at no further obligation of the City. 5.3.3. To effect final termination, the Director must notify Engineer in writing. After receiving the notice, Engineer shall, unless the notice directs otherwise, immediately discontinue all services under this Contract, promptly cancel all orders or subcontracts chargeable to this Contract and deliver all supplies, materials, and work products accumulated in performing this Contract to a place designated by the Director. 5.3.4. In the event of termination due to Engineer'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, Engineer shall be liable to the City for any additional cost occasioned to the City thereby. 5.3.5. If after termination for failure to fulfill contract obligations, it is determined that the Engineer 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.

TERMINATION FOR CAUSE BY CITY. 5.3.1Any violation or breach of terms of this Contract on the part of the Contractor or its subcontractors may result in the suspension or termination of this Contract or such other action that may be necessary to enforce the rights of the parties to this Contract. The duties and obligations imposed by the Contract 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. If Engineer Contractor defaults under this Contract, the Director may either terminate this Contract or allow Engineer Contractor to cure the default as provided below. The City's rights and remedies provided in to terminate this Section 5.3 are in addition to Contract for Contractor's default is cumulative of all rights and remedies provided by law which exist now or under this Contractin the future. Default by Engineer Contractor occurs if: 5.3.1.1. Engineer 5.3.1 Contractor fails to perform any of its duties under this Contract; 5.3.1.2. Engineer 5.3.2 Contractor becomes insolvent; 5.3.1.3. 5.3.3 all or a substantial part of EngineerContractor’s assets are assigned for the benefit of its creditors; or 5.3.1.4. 5.3.4 a receiver or trustee is appointed for Engineer. 5.3.2Contractor. If a default occurs, the Director may may, but is not obligated to, deliver a written notice to Engineer Contractor describing the default and the termination date. The Director, at his or her sole option, may extend the termination date to a later date. If Engineer cures the Director allows Contractor to cure the default and Contractor does so to the Director’s satisfaction before the termination date, then the termination is ineffective. If Engineer Contractor does not cure the default before the termination date, then the Director upon notice of termination, may terminate this Contract on the termination date, at no further obligation of the City. 5.3.3. To effect final termination, the Director must notify Engineer Contractor in writing, with a copy of the notice to the CPO. After receiving the notice, Engineer Contractor shall, unless the notice directs otherwise, immediately discontinue all services under this Contract, promptly cancel all orders or subcontracts chargeable to this Contract and deliver all supplies, materials, supplies and work products materials accumulated in performing this Contract to a place designated by the Director. 5.3.4. In the event of termination due to Engineer'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, Engineer shall be liable to the City for any additional cost occasioned to the City thereby. 5.3.5. If after termination for failure to fulfill contract obligations, it is determined that the Engineer 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.

TERMINATION FOR CAUSE BY CITY. 5.3.1. 5.3.1 If Engineer defaults under this Contract, the Director may either terminate this Contract or allow Engineer to cure the default as provided below. The City's rights and remedies provided in this Section 5.3 are in addition to all rights and remedies provided by law or under this Contract. Default by Engineer occurs if: 5.3.1.1. 5.3.1.1 Engineer fails to perform any of its duties under this Contract; 5.3.1.2. 5.3.1.2 Engineer becomes insolvent; 5.3.1.3. 5.3.1.3 all or a substantial part of Engineer’s assets are assigned for the benefit of its creditors; or 5.3.1.4. 5.3.1.4 a receiver or trustee is appointed for Engineer. 5.3.2. 5.3.2 If a default occurs, the Director may deliver a written notice to Engineer describing the default and the termination date. The Director, at his sole option, may extend the termination date to a later date. If Engineer cures the default to the Director’s satisfaction before the termination date, then the termination is ineffective. If Engineer does not cure the default before the termination date, then the Director upon notice of termination, may terminate this Contract on the termination date, at no further obligation of the City. 5.3.3. 5.3.3 To effect final termination, the Director must notify Engineer in writing. After receiving the notice, Engineer shall, unless the notice directs otherwise, immediately discontinue all services under this Contract, promptly cancel all orders or subcontracts chargeable to this Contract and deliver all supplies, materials, and work products accumulated in performing this Contract to a place designated by the Director. 5.3.4. 5.3.4 In the event of termination due to Engineer'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, Engineer shall be liable to the City for any additional cost occasioned to the City thereby. 5.3.5. 5.3.5 If after termination for failure to fulfill contract obligations, it is determined that the Engineer 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.

TERMINATION FOR CAUSE BY CITY. 5.3.15.04.1 If Contractor fails to perform under this Agreement, the Director may terminate this Agreement with said Contractor, retain another Contractor to assume the duties of this Agreement, and back charge said Contractor for costs incurred to correct the performance issue. Contractor performance measures to include, but not be limited to: one-month backlog of maintenance items, 12 repetitive maintenance tickets on equipment, and missing more than 12 response time durations over a rolling 12-month period on customer service impact systems (See Exhibit A for required Level of Service Response Times). 5.04.2 If Engineer Contractor defaults under this ContractAgreement, the Director may either terminate this Contract Agreement or allow Engineer Contractor to cure the default as provided below. The City's rights and remedies provided in right to terminate this Section 5.3 are in addition to Agreement for Contractor's default is cumulative of all rights and remedies provided by law which exist now or under this Contractin the future. Default by Engineer Contractor occurs if: 5.3.1.1. Engineer 5.04.2.1 Contractor fails to perform any of its duties under this ContractAgreement; 5.3.1.2. Engineer 5.04.2.2 Contractor becomes insolvent; 5.3.1.3. all 5.04.2.3 All or a substantial part of EngineerContractor’s assets are assigned for the benefit of its creditors; or 5.3.1.4. a 5.04.2.4 A receiver or trustee is appointed for EngineerContractor. 5.3.2. 5.04.3 If a default occurs, the Director may may, but is not obligated to, deliver a written notice to Engineer Contractor describing the default and the termination date. The Director, at his or her sole option, may extend the termination date to a later date. If Engineer cures the Director allows Contractor to cure the default and Contractor does so to the Director’s satisfaction before the termination date, then the termination is ineffective. If Engineer Contractor does not cure the default before the termination date, then the Director upon notice of termination, may terminate this Contract Agreement on the termination date, at no further obligation of the City. 5.3.3. 5.04.4 To effect final termination, the Director must notify Engineer Contractor in writing. After receiving the notice, Engineer Contractor shall, unless the notice directs otherwise, immediately discontinue all services under this ContractAgreement, and promptly cancel all orders or subcontracts chargeable to this Contract and deliver all supplies, materials, and work products accumulated in performing this Contract to a place designated by the DirectorAgreement. 5.3.4. In the event of termination due to Engineer's failure to fulfill its obligations5.04.5 If, the City may take over the work and prosecute the same to completion by contract or otherwise. In such case, Engineer shall be liable to the City for any additional cost occasioned to the City thereby. 5.3.5. If after termination for failure to fulfill contract obligations, it is determined that the Engineer Contractor had not so failed, the termination shall be deemed to have been effected for the convenience of the City. In such event, payment Contractor shall be made as provided paid in accordance with the provisions of Section 5.2V.C. of the Agreement.