Common use of Termination for Cause or Convenience Clause in Contracts

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. 4.07.1 5.08.1 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 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, except in the case of emergencies, given (a1) not less than ten (10) calendar days’ days written notice of WhitestownCity’s intent to terminate, and (b2) an opportunity for consultation with Whitestown 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 Whitestown City to be incurred by reason of Contractor’s default. 4.07.2 5.08.2 This Agreement may be terminated in whole or in part in writing by Whitestown City for WhitestownCity’s convenience; provided that Contractor is given (a1) not less than thirty ten (3010) calendar days’ days written notice of intent to terminate and (b2) an opportunity for consultation with Whitestown City prior to termination. If Whitestown effects termination City terminates for convenience, Contractor’s compensation shall be equitably adjusted. 4.07.3 5.08.3 Upon receipt of a notice of termination action for default or for WhitestownCity’s convenience, Contractor shall (a1) promptly discontinue all services affected, unless the termination notice directs otherwise, and (b2) deliver or otherwise make available to Whitestown City all data, drawings, specifications, reports, estimates, summaries, Works 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 5.08.4 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 made for the convenience of WhitestownCity. In such event, adjustment of the price provided for in this Agreement shall be made as provided in Paragraph 5.07.2 Section 5.08.2 and the recovery of such price adjustment shall be Contractor’s sole remedy and recovery.

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 4.07.2 and the recovery of such price adjustment shall be Contractor’s sole remedy and recovery.

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 Jess than ten (10) calendar days’ ' notice of Whitestown’s '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 's default. 4.07.2 This Agreement may be terminated in whole or in part in writing by Whitestown for Whitestown’s '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 's compensation shall be equitably adjusted. 4.07.3 Upon receipt of a termination action for default or for Whitestown’s '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 '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 's sole remedy and recovery.