Common use of Termination for Cause by DCAMM Clause in Contracts

Termination for Cause by DCAMM. a. DCAMM may, without prejudice to any other right or remedy, deem the Contract “terminated for cause” if any Contractor Event of Default is not cured by CONTRACTOR in accordance with Section 50: Default (a “Termination for Cause”). Such termination for cause shall be deemed effective when written notice is given by DCAMM to CONTRACTOR (and any surety that has given bonds in connection with the Contract) and CONTRACTOR has failed to cure within five (5) days of such notice of termination for cause. b. DCAMM shall give CONTRACTOR (and any surety) notice of such Termination for Cause, but the giving of notice of such termination shall not be a condition precedent or subsequent to the termination's effectiveness. In the event of such termination, and without limiting any other available remedies, DCAMM may, at its option: (i) hold CONTRACTOR and its sureties liable in damages for breach of the Contract Documents; (ii) notify CONTRACTOR to discontinue all Services, or any part thereof, and CONTRACTOR shall discontinue all Services, or any part thereof, as DCAMM may designate; (iii) complete the Services, or any part thereof, and charge the expense of completing the Services or part thereof, to CONTRACTOR; (iv) require the surety or sureties to complete the Services and perform all of CONTRACTOR’s obligations under the Contract Documents. c. If DCAMM elects to complete all or any portion of the Services as specified in subparagraph (b) (iii) above, it may take possession of all materials, New Equipment/Systems, tools, machinery, implements at or near the Premises owned by CONTRACTOR and finish the Services at CONTRACTOR’s expense by whatever means DCAMM may deem expedient; and CONTRACTOR shall cooperate at its expense in the orderly transfer of the same to a new contractor or to DCAMM as directed by DCAMM. In such case CUSTOMER shall not be obligated to make any further payments to CONTRACTOR until the Services are completely finished. DCAMM shall not be liable for any depreciation, loss or damage to said materials, machinery, implements or tools during said use and CONTRACTOR shall be solely responsible for their removal from the Premises after DCAMM has no further use for them. Unless so removed within fifteen (15) days after notice to CONTRACTOR to do so, they may be sold at public auction, after publication of notice thereof at least twice in any newspaper published in the county where the Services are being performed, and the proceeds credited to CONTRACTOR’s account; or they may, at the option of DCAMM, be stored at CONTRACTOR’s expense subject to a lien for the storage charges. d. Damages and expenses incurred under subparagraph (b) above shall include, but not be limited to, costs for any extra services required by DCAMM or its consultants, in the opinion of DCAMM, to successfully inspect and administer the Contract through final completion of the Services. e. Expenses charged under subparagraph (b) above may be deducted and paid by DCAMM out of any moneys then due or to become due CONTRACTOR hereunder. f. All sums, damages, and expenses incurred by DCAMM to complete the Services shall be charged to CONTRACTOR. In case the damages and expenses charged are less than the sum that would have been payable under this Contract if the same had been completed by CONTRACTOR, CONTRACTOR shall be entitled to receive the difference. In case such expenses shall exceed the said sum, CONTRACTOR shall pay the amount of the excess to DCAMM. g. In the event of a Termination for Cause by DCAMM, CONTRACTOR shall only be entitled to payment for Services performed prior to the effective date of the termination. The amount of such termination payment shall be calculated as the value of the Services performed by CONTRACTOR prior to the termination date as determined by review of the latest periodic estimate required under Section 24.5 Reporting Progress of the Installation Services (and any agreed upon adjustments thereto), less any damages and costs incurred by DCAMM as set forth in subparagraphs (b) through (f) above. h. Any payment to CONTRACTOR provided for herein shall be considered to fully compensate CONTRACTOR for all claims and expenses and those of any consultants, Subcontractors, and suppliers, directly or indirectly attributable to the termination, including any claims for lost profits.

Termination for Cause by DCAMM. a. DCAMM may, without prejudice to any other right or remedy, deem the Contract “terminated for cause” if any Contractor Event of Default is not cured by CONTRACTOR in accordance with Section 50: Default (a “Termination for Cause”). Such termination for cause shall be deemed effective when written notice is given by DCAMM to CONTRACTOR (and any surety that has given bonds in connection with the Contract) and CONTRACTOR has failed to cure within five (5) days of such notice of termination for cause. b. DCAMM shall give CONTRACTOR (and any surety) notice of such Termination for Cause, but the giving of notice of such termination shall not be a condition precedent or subsequent to the termination's effectiveness. In the event of such termination, and without limiting any other available remedies, DCAMM may, at its option: (i) hold CONTRACTOR and its sureties liable in damages for breach of the Contract Documents; (ii) notify CONTRACTOR to discontinue all Services, or any part thereof, and CONTRACTOR shall discontinue all Services, or any part thereof, as DCAMM may designate; (iii) complete the Services, or any part thereof, and charge the expense of completing the Services or part thereof, to CONTRACTOR; (iv) require the surety or sureties to complete the Services and perform all of CONTRACTOR’s obligations under the Contract Documents. c. If DCAMM elects to complete all or any portion of the Services as specified in subparagraph (b) (iii) above, it may take possession of all materials, New Equipment/Systems, tools, machinery, implements at or near the Premises owned by CONTRACTOR and finish the Services at CONTRACTOR’s expense by whatever means DCAMM may deem expedient; and CONTRACTOR shall cooperate at its expense in the orderly transfer of the same to a new contractor or to DCAMM as directed by DCAMM. In such case CUSTOMER DCAMM shall not be obligated to make any further payments to CONTRACTOR until the Services are completely finished. DCAMM shall not be liable for any depreciation, loss or damage to said materials, machinery, implements or tools during said use and CONTRACTOR shall be solely responsible for their removal from the Premises after DCAMM has no further use for them. Unless so removed within fifteen (15) days after notice to CONTRACTOR to do so, they may be sold at public auction, after publication of notice thereof at least twice in any newspaper published in the county where the Services are being performed, and the proceeds credited to CONTRACTOR’s account; or they may, at the option of DCAMM, be stored at CONTRACTOR’s expense subject to a lien for the storage charges. d. Damages and expenses incurred under subparagraph (b) above shall include, but not be limited to, costs for any extra services required by DCAMM or its consultants, in the opinion of DCAMM, to successfully inspect and administer the Contract through final completion of the Services. e. Expenses charged under subparagraph (b) above may be deducted and paid by DCAMM out of any moneys then due or to become due CONTRACTOR hereunder. f. All sums, damages, and expenses incurred by DCAMM to complete the Services shall be charged to CONTRACTOR. In case the damages and expenses charged are less than the sum that would have been payable under this Contract if the same had been completed by CONTRACTOR, CONTRACTOR shall be entitled to receive the difference. In case such expenses shall exceed the said sum, CONTRACTOR shall pay the amount of the excess to DCAMM. g. In the event of a Termination for Cause by DCAMM, CONTRACTOR shall only be entitled to payment for Services performed prior to the effective date of the termination. The amount of such termination payment shall be calculated as the value of the Services performed by CONTRACTOR prior to the termination date as determined by review of the latest periodic estimate required under Section 24.5 Reporting Progress of the Installation Services (and any agreed upon adjustments thereto), less any damages and costs incurred by DCAMM as set forth in subparagraphs (b) through (f) above. h. Any payment to CONTRACTOR provided for herein shall be considered to fully compensate CONTRACTOR for all claims and expenses and those of any consultants, Subcontractors, and suppliers, directly or indirectly attributable to the termination, including any claims for lost profits.

Termination for Cause by DCAMM. a. DCAMM may, without prejudice to any other right or remedy, deem the Contract “terminated for cause” cause if any Contractor Event one of Default is the following defaults shall occur and not be cured by CONTRACTOR in accordance with Section 50: Default within three (a “Termination for Cause”). Such termination for cause shall be deemed effective when 3) days after giving of written notice is given thereof by DCAMM to CONTRACTOR (and any surety that has given bonds bond in connection with this Contract: (i) CONTRACTOR has filed a petition, or a petition has been filed against CONTRACTOR with its consent, under any federal or state law concerning bankruptcy, reorganization, insolvency or relief from creditors, or if such a petition is filed against CONTRACTOR without its consent and is not dismissed within sixty (60) calendar days; or if CONTRACTOR is generally not paying its debts as they become due; or if CONTRACTOR becomes insolvent; or if CONTRACTOR consents to the appointment of a receiver, trustee, liquidate, custodian or the like of CONTRACTOR or of all or any substantial portion of its assets and such appointment or possession is not terminated within sixty (60) calendar days; or if CONTRACTOR makes an assignment for the benefit of creditors; (ii) CONTRACTOR refuses or fails, except in cases for which extension of time is provided under this Contract’s express terms, to supply enough properly skilled workers or proper materials to perform its obligations under this Contract, or DCAMM has determined that the rate of progress required for the timely completion of the Services is not being met; (iii) CONTRACTOR fails to make prompt payment to Subcontractors for materials, equipment, or labor; (iv) All or a part of the Project or Services are abandoned; (v) CONTRACTOR has sublet or assigned all or any portion of the Services, the Project, the Contract, or claims thereunder, without the prior written consent of DCAMM, except as expressly permitted under this Contract; (vi) and CONTRACTOR has failed to cure within five comply with Laws; (5vii) days CONTRACTOR fails to maintain, or provide to DCAMM evidence of such notice the insurance or bonds required hereby; (viii) Any other failure by CONTRACTOR to maintain DCAMM’S legal protections against failure or nonperformance contained in Sections 47: Indemnification, 48: Insurance Requirements, and 49: Bonding Requirements/Performance and Payment Bonds; (ix) CONTRACTOR has failed to perform the Services or any portion thereof as required by this Contract or has otherwise breached any material provision of termination for cause.this Contract b. DCAMM shall give CONTRACTOR (and any surety) surety notice of such Termination termination for Causecause, but the giving of notice of such termination shall not be a condition precedent or subsequent to the termination's effectiveness. Such notice may be provided via electronic mail delivery, read receipt requested. In the event of such termination, and without limiting any other available remedies, DCAMM may, at its option: (i) hold CONTRACTOR and its sureties liable in damages for breach of the Contract Documents; (ii) notify CONTRACTOR to discontinue all Services, or any part thereof, and CONTRACTOR shall discontinue all Services, or any part thereof, as DCAMM may designate; (iii) complete the Services, or any part thereof, and charge the expense of completing the Services or part thereof, to CONTRACTOR; (iv) require the surety or sureties to complete the Services and perform all of CONTRACTOR’s obligations under the Contract Documents. c. If DCAMM elects to complete all or any portion of the Services as specified in subparagraph (b) (iii) above, it may take possession of all materials, New Equipment/Systems, tools, machinery, implements at or near the Premises owned by CONTRACTOR and finish the Services at CONTRACTOR’s expense by whatever means DCAMM may deem expedient; and CONTRACTOR shall cooperate at its expense in the orderly transfer of the same to a new contractor or to DCAMM as directed by DCAMM. In such case CUSTOMER DCAMM shall not be obligated to make any further payments to CONTRACTOR until the Services are completely finished. DCAMM shall not be liable for any depreciation, loss or damage to said materials, machinery, implements or tools during said use and CONTRACTOR shall be solely responsible for their removal from the Premises after DCAMM has no further use for them. Unless so removed within fifteen (15) days after notice to CONTRACTOR to do so, they may be sold at public auction, after publication of notice thereof at least twice in any newspaper published in the county where the Services are being performed, and the proceeds credited to CONTRACTOR’s account; or they may, at the option of DCAMM, be stored at CONTRACTOR’s expense subject to a lien for the storage charges. d. Damages and expenses incurred under subparagraph (b) above shall include, but not be limited to, costs for any extra services required by DCAMM or its consultants, in the opinion of DCAMM, to successfully inspect and administer the Contract through final completion of the Services. e. Expenses charged under subparagraph (b) above may be deducted and paid by DCAMM out of any moneys then due or to become due CONTRACTOR hereunder. f. All sums, damages, and expenses incurred by DCAMM to complete the Services shall be charged to CONTRACTOR. In case the damages and expenses charged are less than the sum that would have been payable under this Contract if the same had been completed by CONTRACTOR, CONTRACTOR shall be entitled to receive the difference. In case such expenses shall exceed the said sum, CONTRACTOR shall pay the amount of the excess to DCAMM. g. In the event of a Termination for Cause by DCAMM, CONTRACTOR shall only be entitled to payment for Services performed prior to the effective date of the termination. The amount of such termination payment shall be calculated as the value of the Services performed by CONTRACTOR prior to the termination date as determined by review of the latest periodic estimate required under Section 24.5 Reporting Progress of the Installation Services (and any agreed upon adjustments thereto), less any damages and costs incurred by DCAMM as set forth in subparagraphs (b) through (f) above. h. Any payment to CONTRACTOR provided for herein shall be considered to fully compensate CONTRACTOR for all claims and expenses and those of any consultants, Subcontractors, and suppliers, directly or indirectly attributable to the termination, including any claims for lost profits.

Termination for Cause by DCAMM. a. DCAMM may, without prejudice to any other right or remedy, deem the Contract “terminated for cause” cause if any Contractor Event one of Default is the following shall occur and not be cured by CONTRACTOR in accordance with Section 50: Default within three (a “Termination for Cause”). Such termination for cause shall be deemed effective when 3) days after giving of written notice is given thereof by DCAMM to CONTRACTOR (and any surety that has given bonds in connection with this Contract: (i) CONTRACTOR has filed a petition, or a petition has been filed against CONTRACTOR with its consent, under any federal or state law concerning bankruptcy, reorganization, insolvency or relief from creditors, or if such a petition is filed against CONTRACTOR without its consent and is not dismissed within sixty (60) calendar days; or if CONTRACTOR is generally not paying its debts as they become due; or if CONTRACTOR becomes insolvent; or if CONTRACTOR consents to the appointment of a receiver, trustee, liquidate, custodian or the like of CONTRACTOR or of all or any substantial portion of its assets and such appointment or possession is not terminated within sixty (60) calendar days; or if CONTRACTOR makes an assignment for the benefit of creditors; (ii) CONTRACTOR refuses or fails, except in cases for which extension of time is provided under this Contract’s express terms, to supply enough properly skilled workers or proper materials to perform its obligations under this Contract, or DCAMM has determined that the rate of progress required for the timely completion of the Services is not being met; (iii) CONTRACTOR fails to make prompt payment to Subcontractors for materials, equipment, or labor; (iv) All or a part of the Project or Services are abandoned; (v) CONTRACTOR has sublet or assigned all or any portion of the Services, the Project, the Contract, or claims thereunder, without the prior written consent of DCAMM, except as expressly permitted under this Contract; (vi) and CONTRACTOR has failed to cure within five comply with Laws; (5vii) days CONTRACTOR fails to maintain, or provide to DCAMM evidence of such notice the insurance or bonds required hereby; (viii) Any other failure by CONTRACTOR to maintain DCAMM’S legal protections against failure or nonperformance contained in Sections 47: Indemnification, 48: Insurance Requirements, and 49: Bonding Requirements/Performance and Payment Bonds; (ix) CONTRACTOR has failed to perform the Services or any portion thereof as required by this Contract or has otherwise breached any material provision of termination for causethis Contract. b. DCAMM shall give CONTRACTOR (and any surety) surety notice of such Termination termination for Causecause, but the giving of notice of such termination shall not be a condition precedent or subsequent to the termination's effectiveness. Such notice may be provided via electronic mail delivery, read receipt requested. In the event of such termination, and without limiting any other available remedies, DCAMM may, at its option: (i) hold CONTRACTOR and its sureties liable in damages for breach of the Contract Documents; (ii) notify CONTRACTOR to discontinue all Services, or any part thereof, and CONTRACTOR shall discontinue all Services, or any part thereof, as DCAMM may designate; (iii) complete the Services, or any part thereof, and charge the expense of completing the Services or part thereof, to CONTRACTOR; (iv) require the surety or sureties to complete the Services and perform all of CONTRACTOR’s obligations under the Contract Documents. c. If DCAMM elects to complete all or any portion of the Services as specified in subparagraph (b) (iii) above, it may take possession of all materials, New Equipment/Systems, tools, machinery, implements at or near the Premises owned by CONTRACTOR and finish the Services at CONTRACTOR’s expense by whatever means DCAMM may deem expedient; and CONTRACTOR shall cooperate at its expense in the orderly transfer of the same to a new contractor or to DCAMM as directed by DCAMM. In such case CUSTOMER shall not be obligated to make any further payments to CONTRACTOR until the Services are completely finished. DCAMM shall not be liable for any depreciation, loss or damage to said materials, machinery, implements or tools during said use and CONTRACTOR shall be solely responsible for their removal from the Premises after DCAMM has no further use for them. Unless so removed within fifteen (15) days after notice to CONTRACTOR to do so, they may be sold at public auction, after publication of notice thereof at least twice in any newspaper published in the county where the Services are being performed, and the proceeds credited to CONTRACTOR’s account; or they may, at the option of DCAMM, be stored at CONTRACTOR’s expense subject to a lien for the storage charges. d. Damages and expenses incurred under subparagraph (b) above shall include, but not be limited to, costs for any extra services required by DCAMM or its consultants, in the opinion of DCAMM, to successfully inspect and administer the Contract through final completion of the Services. e. Expenses charged under subparagraph (b) above may be deducted and paid by DCAMM out of any moneys then due or to become due CONTRACTOR hereunder. f. All sums, damages, and expenses incurred by DCAMM to complete the Services shall be charged to CONTRACTOR. In case the damages and expenses charged are less than the sum that would have been payable under this Contract if the same had been completed by CONTRACTOR, CONTRACTOR shall be entitled to receive the difference. In case such expenses shall exceed the said sum, CONTRACTOR shall pay the amount of the excess to DCAMM. g. In the event of a Termination for Cause by DCAMM, CONTRACTOR shall only be entitled to payment for Services performed prior to the effective date of the termination. The amount of such termination payment shall be calculated as the value of the Services performed by CONTRACTOR prior to the termination date as determined by review of the latest periodic estimate required under Section 24.5 Reporting Progress of the Installation Services (and any agreed upon adjustments thereto), less any damages and costs incurred by DCAMM as set forth in subparagraphs (b) through (f) above. h. Any payment to CONTRACTOR provided for herein shall be considered to fully compensate CONTRACTOR for all claims and expenses and those of any consultants, Subcontractors, and suppliers, directly or indirectly attributable to the termination, including any claims for lost profits.