Termination for Cause or Convenience. 5.7.1 If Contractor becomes insolvent, or if it refuses or fails to perform the work and services provided by this Agreement, or if it refuses to perform disputed work or services as directed pending resolution of such dispute, or if it fails to make payments to subcontractors employed by it, or if it otherwise violates or fails to perform any term, covenant or provision of this Agreement, then City may, without prejudice to any other right or remedy, terminate this Agreement in whole or in part, in writing, provided that Contractor shall be given (1) not less than ten (10) calendar days written notice of City’s intent to terminate, and (2) an opportunity for consultation with City prior to termination. In determining the amount of final payment to be made to Contractor upon such termination for default, if any, no amount shall be allowed for anticipated profit on unperformed services or other work; furthermore, an adjustment shall be made to the extent of any additional costs incurred or reasonably foreseen by City to be incurred by reason of Contractor’s default.
5.7.2 This Agreement may be terminated in whole or in part in writing by City for City’s convenience; provided that Contractor is given (1) not less than ten (10) calendar days written notice of intent to terminate and (2) an opportunity for consultation with City prior to termination. If City terminates for convenience, Contractor’s compensation shall be equitably adjusted.
5.7.3 Upon receipt of notice of termination for default or for City’s convenience, Contractor shall (1) promptly discontinue all services affected, unless the termination notice directs otherwise, and (2) deliver or otherwise make available to City all Works and such other information, materials or documents as may have been accumulated by Contractor in performing this Agreement, whether completed or in process.
5.7.4 If, after termination for Contractor’s default, it is determined that Contractor was not in default, the termination shall be deemed to have been made for the convenience of City. In such event, adjustment of the price provided for in this Agreement shall be made as provided in Section 5.8.1 and the recovery of such price adjustment shall be Contractor’s sole remedy and recovery.
Termination for Cause or Convenience. When a participating agency expends federal funds, the participating agency reserves the right to immediately terminate any agreement in excess of ten thousand dollars ($10,000) resulting from this procurement process in the event of a breach or default of the agreement by Offeror in the event Offeror fails to: (1) meet schedules, deadlines, and/or delivery dates within the time specified in the procurement solicitation, contract, and/or a purchase order; (2) make any payments owed; or (3) otherwise perform in accordance with the contract and/or the procurement solicitation. Participating agency also reserves the right to terminate the contract immediately, with written notice to offeror, for convenience, if participating agency believes, in its sole discretion that it is in the best interest of participating agency to do so. Respondent will be compensated for work performed and accepted and goods accepted by participating agency as of the termination date if the contract is terminated for convenience of participating agency. Any award under this procurement process is not exclusive and participating agency reserves the right to purchase goods and services from other offerors when it is in participating agency’s best interest. Does Respondent agree? yes (Initials of Authorized Representative)
Termination for Cause or Convenience. 4.07.1 If Contractor becomes insolvent, or if it refuses or fails to perform the work and services provided by this Agreement, or if it refuses to perform disputed work or services as directed pending resolution of such dispute, or if it fails to make payments to subcontractors or consultants employed by it, or if it otherwise violates or fails to perform any term, covenant or provision of this Agreement, then Whitestown may, without prejudice to any other right or remedy, terminate this Agreement in whole or in part, in writing, provided that Contractor shall be given, except in the case of emergencies, (a) not less than ten (10) calendar days’ notice of Whitestown’s intent to terminate, and (b) an opportunity for consultation with Whitestown prior to termination. In determining the amount of final payment to be made to Contractor upon such termination for default, if any, no amount shall be allowed for anticipated profit on unperformed services or other work; furthermore, an adjustment shall be made to the extent of any additional costs incurred or reasonably foreseen by Whitestown to be incurred by reason of Contractor’s default.
4.07.2 This Agreement may be terminated in whole or in part in writing by Whitestown for Whitestown’s convenience; provided that Contractor is given (a) not less than thirty (30) calendar days’ notice of intent to terminate and (b) an opportunity for consultation with Whitestown prior to termination. If Whitestown effects termination for convenience, Contractor’s compensation shall be equitably adjusted.
4.07.3 Upon receipt of a termination action for default or for Whitestown’s convenience, Contractor shall (a) promptly discontinue all services affected, unless the termination notice directs otherwise, and (b) deliver or otherwise make available to Whitestown all data, drawings, specifications, reports, estimates, summaries, and such other information, materials or documents as may have been accumulated by Contractor in performing this Agreement, whether completed or in process.
4.07.4 If, after termination for Contractor’s default, it is determined that Contractor was not in default, the termination shall be deemed to have been effected for the convenience of Whitestown. In such event, adjustment of the price provided for in this Agreement shall be made as provided in Paragraph 5.07.2 and the recovery of such price adjustment shall be Contractor’s sole remedy and recovery.
Termination for Cause or Convenience. When a participating agency expends federal funds, the participating agency reserves the right to immediately terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by Offeror in the event Offeror fails to: (1) meet schedules, deadlines, and/or delivery dates within the time specified in the procurement solicitation, contract, and/or a purchase order; (2) make any payments owed; or (3) otherwise perform in accordance with the contract and/or the procurement solicitation. participating agency also reserves the right to terminate the contract immediately, with written notice to offeror, for convenience, if participating agency believes, in its sole discretion that it is in the best interest of participating agency to do so. Offeror will be compensated for work performed and accepted and goods accepted by participating agency as of the termination date if the contract is terminated for convenience of participating agency. Any award under this procurement process is not exclusive and participating agency reserves the right to purchase goods and services from other offerors when it is in participating agency’s best interest. Does vendor agree? (Initials of Authorized Representative)
Termination for Cause or Convenience. For any OETC member purchase or contract in excess of $10,000 made using federal funds, you agree that the following term and condition shall apply: The OETC member may terminate or cancel any purchase order under this Contract at any time, with or without cause, by providing seven (7) business days advance written notice to the Vendor. If this Agreement is terminated in accordance with this Paragraph, the OETC member shall only be required to pay Vendor for goods or services delivered to the OETC member prior to the termination and not otherwise returned in accordance with Vendor’s return policy. If the OETC member has paid the Vendor for goods or services not yet provided as of the date of termination, the Vendor shall immediately refund such payment(s). If an alternate provision for termination of an OETC member purchase for cause and convenience, including the manner by which it will be affected and the basis for settlement, is included in the OETC member’s purchase order, ancillary agreement, or Member Construction Contract agreed to by the Vendor, the OETC member’s provision shall control.
Termination for Cause or Convenience. Agency reserves the right to terminate the contract at any time, in whole or in part, without cost or penalty, by providing thirty (30) calendar days' advance written notice, if Agency determines that such termination is in the best interest of the agency or the state. In the event of such a termination, Contractor must, unless otherwise mutually agreed upon in writing, cease all work immediately upon the effective date of termination. Agency shall only be liable for payments limited to the portion of work Agency authorized in writing and which Contractor has completed, delivered to Agency, and which has been accepted by Agency. All such work shall have been completed, in accordance with contract requirements, prior to the effective date of termination. Agency shall have no other liability whatsoever to any person, party or entity, including for liability for any costs associated with the termination.
Termination for Cause or Convenience. This Contract may be terminated by the County with or without cause upon ten (10) days prior notice to the other party.
Termination for Cause or Convenience. 5.07.1 If Contractor becomes insolvent, or if it refuses or fails to perform the work and services provided by this Agreement, or if it refuses to perform disputed work or services as directed pending resolution of such dispute, or if it otherwise violates or fails to perform any term, covenant or provision of this Agreement, then County may, without prejudice to any other right or remedy, terminate this Agreement in whole or in part, in writing, provided that Contractor shall be given
(1) not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of County’s intent to terminate, and (2) an opportunity for consultation with County prior to termination. In determining the amount of
Termination for Cause or Convenience. City may terminate this Agreement in the event of District’s default, inability, or failure to perform, or otherwise whenever such termination is determined by City to be in City’s best interest. Additionally, City may terminate this Agreement at any time if the City determines that the Services are deemed unsatisfactory. If District fails to comply with federal statutes, regulations, guidance documents from the Treasury or the terms and conditions of this Agreement, City may impose additional conditions, as described in 2 CFR §200.207. Upon receiving a request from the City, District agrees to amend the Agreement to comply with the relevant laws and guidance documents referenced above, as determined in the sole discretion of the City. If City determines that the noncompliance cannot be remedied by imposing additional conditions, then the City may take one or more of the following actions, as appropriate in the circumstances:
A. Temporarily withhold cash payments pending correction of the deficiency by District or more severe enforcement action by the Treasury or the City;
B. Disallow all or part of the cost of the activity or action not in compliance;
C. Wholly or partly suspend or terminate this Agreement;
D. Initiate or recommend suspension or debarment proceedings as authorized under 2 CFR part 180 to Treasury;
E. Withhold further allocations of funds to District under the Agreement;
F. Take other remedies that may be legally available in law or at equity. District may terminate this Agreement if City does not provide the Funds substantially in accordance with this Agreement. District may terminate this Agreement after providing written notice to the City setting forth the reason for such termination, the effective date, and in the case of partial termination, the portion to be terminated. City, however, may determine in the case of partial termination that the reduced or modified portion of the Agreement will not accomplish the purpose of the GUIDE, and may terminate the Agreement in its entirety. Both Parties may terminate this Agreement for convenience so long as the Parties agree to termination conditions, including the effective date of the termination. In the case of partial termination, the portion of the Agreement to be terminated. Regardless of the Party who initiates the termination, both Parties shall remain responsible for compliance with the requirements set forth in 2 CFR §200.343 and §200.344.
Termination for Cause or Convenience. The provisions set forth in the body of the Contract and any termination addendum shall govern termination of this Contract, in whole or in part, for cause or convenience. The Contractor and any subcontractor hereunder shall comply with section 503 of the Rehabilitation Act of 1973 (29 U.S.C. § 793) as amended, and any applicable regulations.
