Common use of Termination for Convenience of County Clause in Contracts

Termination for Convenience of County. 1. Performance of services under this Agreement may be terminated by COUNTY in whole or in part when such action is deemed by COUNTY, in its sole discretion, to be in its best interest. Termination of work shall be effected by delivery to CONSULTANT of a Notice of Termination specifying the extent to which the performance of work is terminated and the date upon which such termination becomes effective. The date upon which such termination becomes effective shall be no less than thirty (30) days after the notice is sent. 2. If, during the term of this Agreement, COUNTY funds appropriated for the purpose of this Agreement are reduced or eliminated, COUNTY may immediately terminate this Agreement upon written notice to CONSULTANT. 3. After receipt of the Notice of Termination and except as otherwise directed by COUNTY, CONSULTANT shall: a) Immediately stop services under this Agreement on the date and to the extent specified in the Notice of Termination. b) Complete performance of such part of the work as shall not have been terminated by the Notice of Termination. 4. After receipt of the Notice of Termination, CONSULTANT shall submit to COUNTY, in the form and with the certifications as may be prescribed by COUNTY, its termination claim and invoice. Such claim and invoice shall be submitted promptly, but not later than three (3) months from the effective date of termination. Upon failure of CONSULTANT to submit its termination claim and invoice within the time allowed, COUNTY may determine, on the basis of information available to COUNTY, the amount, if any, due to CONSULTANT in respect to the termination and such determination shall be final. After such determination is made, COUNTY shall pay CONSULTANT the amount so determined. 5. In the event it is determined by COUNTY that CONSULTANT has been overcompensated, COUNTY shall notify CONSULTANT of the overcompensation, and CONSULTANT must provide a written response within thirty (30) days of the receipt of such notice, including any refund that may be due COUNTY. 6. Subject to the provisions of the subparagraphs PP.1 and PP.2, below, COUNTY and CONSULTANT shall negotiate an equitable amount to be paid to CONSULTANT by reason of the total or partial termination of work pursuant to this Paragraph. Said amount may include a reasonable allowance for profit on work done but shall not include an allowance on work terminated. COUNTY shall pay the agreed amount; subject to other limitations and provided that such amount shall not exceed the total funding obligated under this Agreement as reduced by the amount of payments otherwise made and as further reduced by the contract price of work not terminated. 7. Upon termination of this Agreement, CONSULTANT shall deliver to COUNTY all work completed or in progress, including all data, reports and deliverables within ten (10) business days after termination of this Agreement. 8. Upon termination of this Agreement, CONSULTANT shall comply with the provisions of Paragraph KK, Records Retention and Inspection, herein above.

Termination for Convenience of County. 1. Performance of services under this Agreement This Agreement, in whole or in part, may be terminated by COUNTY in whole or in part COUNTY, when such action is deemed by COUNTY, in its sole discretion, to be in its best interest. Termination of work shall be effected by delivery to CONSULTANT CONTRACTOR of a thirty calendar-day, prior written Notice of Termination. The Notice of Termination specifying shall specify the extent to which the performance of work is terminated and the date upon which such termination becomes effective. The date upon which such termination becomes effective shall be no less than thirty (30) ten days after the notice is sent. 2. If, during the term of this Agreement, COUNTY funds appropriated for the purpose of this Agreement are reduced or eliminated, COUNTY may immediately terminate this Agreement upon written notice to CONSULTANT. 3. 53.1 After receipt of the Notice of Termination and except as otherwise directed by COUNTY, CONSULTANT CONTRACTOR shall: a) 53.1.1 Immediately stop services under this Agreement on the date and to the extent specified in the Notice of Termination. b) 53.1.2 Complete performance of such part of the work as shall not have been terminated by the Notice of Termination. 4. 53.2 After receipt of the a Notice of Termination, CONSULTANT CONTRACTOR shall submit to COUNTY, in the form and with the certifications as may be prescribed by COUNTY, its termination claim and invoice. Such claim and invoice shall be submitted promptly, but not later than three (3) months from the effective date of termination. Upon failure of CONSULTANT CONTRACTOR to submit its termination claim and invoice within the time allowed, COUNTY may determine, on the basis of information available to COUNTY, the amount, if any, due to CONSULTANT CONTRACTOR in respect to the termination and such determination shall be final. After such determination is made, COUNTY shall pay CONSULTANT CONTRACTOR the amount so determined. 5. In the event it is determined by COUNTY that CONSULTANT has been overcompensated, COUNTY shall notify CONSULTANT of the overcompensation, and CONSULTANT must provide a written response within thirty (30) days of the receipt of such notice, including any refund that may be due COUNTY. 6. Subject to the provisions of the subparagraphs PP.1 and PP.2, below, COUNTY and CONSULTANT shall negotiate an equitable amount to be paid to CONSULTANT by reason of the total or partial termination of work pursuant to this Paragraph. Said amount may include a reasonable allowance for profit on work done but shall not include an allowance on work terminated. COUNTY shall pay the agreed amount; subject to other limitations and provided that such amount shall not exceed the total funding obligated under this Agreement as reduced by the amount of payments otherwise made and as further reduced by the contract price of work not terminated. 7. 53.3 Upon termination of this Agreement, CONSULTANT CONTRACTOR shall deliver to COUNTY all work completed or in progress, including all data, reports and deliverables within ten (10) business days after termination of this Agreement. 8. Upon termination 53.4 All materials, including books, records, documents, or other evidence bearing on the costs, expenses, or services of this Agreement, CONSULTANT shall comply be maintained by CONTRACTOR in accordance with the provisions of Paragraph KKSection 47.0, Records Retention and Inspection, herein above.

Termination for Convenience of County. 1. 45.1 Performance of services under this Agreement Contract may be terminated by COUNTY in whole or in part part, when such action is deemed by COUNTY, in its sole discretion, COUNTY to be in its best interest. Termination of work shall be effected by delivery to CONSULTANT CONTRACTOR of a thirty (30) calendar days prior written Notice of Termination specifying the extent to which the performance of work is terminated terminated, and the date upon which such termination becomes effective. The date upon which such termination becomes effective shall be no less than thirty (30) days after the notice is sent. 2. If, during the term of this Agreement, COUNTY funds appropriated for the purpose of this Agreement are reduced or eliminated, COUNTY may immediately terminate this Agreement upon written notice to CONSULTANT. 3. 45.2 After receipt of the Notice of Termination and except as otherwise directed by COUNTY, CONSULTANT the CONTRACTOR shall: a) A. Immediately stop services services, which shall include elimination of all new costs and expenses and all other ongoing costs and expenses under this Agreement Contract on the date and to the extent specified in the Notice of Termination.; b) B. Taking all reasonable and necessary steps to cancel all leased or rented space agreements entered into through June 30, 2006 to perform the services terminated hereunder; C. Complete performance of such part of the work as shall not have been terminated by the Notice of Termination. 4. D. After receipt of the a Notice of Termination, CONSULTANT CONTRACTOR shall submit to COUNTY, in the form and with the certifications as may be prescribed by COUNTY, its termination claim and invoice. Such claim and invoice shall be submitted promptly, but not later than three (3) months from the effective date of termination. Upon failure of CONSULTANT CONTRACTOR to submit its termination claim and invoice within the time allowed, COUNTY may determine, determine on the basis of information available to COUNTY, the amount, if any, due to CONSULTANT CONTRACTOR in respect to the termination and such determination shall be final. After such determination is made, COUNTY shall pay CONSULTANT CONTRACTOR the amount so determineddetermined within five (5) months of the effective date of termination. COUNTY shall include with the payment a statement explaining COUNTY'S determination of the payment. 5. In the event it is determined by COUNTY that CONSULTANT has been overcompensated, COUNTY shall notify CONSULTANT of the overcompensation, and CONSULTANT must provide a written response within thirty (30) days of the receipt of such notice, including any refund that may be due COUNTY. 6. 45.3 Subject to the provisions of the subparagraphs PP.1 and PP.2, belowsubparagraph 45.2 immediately above, COUNTY and CONSULTANT CONTRACTOR shall negotiate an equitable amount to be paid to CONSULTANT CONTRACTOR for costs incurred by reason of the total or partial termination of work pursuant to this Paragraphclause. Said The negotiated amount may include a reasonable allowance for profit on work done but shall not include an allowance on result in Operational/Administrative Fees exceeding the pay point rate in Part IV, Paragraph 1. times the average monthly number of cases from May 1, 2004 to the termination date times the number of months remaining in the contract, and number of months billed but not yet paid, and shall not result in fixed or Outreach Fees for the year exceeding the monthly fees in Section IV, Paragraph 2.1 times the number of months remaining in the contract, and the number of months billed but not yet paid. CONTRACTOR’s termination claim and invoice may include, but not be limited to, the following costs: A. Costs for that part of the work terminated. COUNTY shall pay already performed prior to the agreed amount; subject to other limitations and provided that such amount effective date of the total or partial termination; B. Remaining costs of rental or leased space agreements, if any, after CONTRACTOR's compliance with this Section VII, Paragraph 45.2B. Such costs shall not exceed the total funding obligated under this Agreement as reduced by the amount remainder of payments otherwise made $XXX for rental and as further reduced by the contract price of work not terminated. 7. Upon termination of this Agreementleased space agreements through June 30, CONSULTANT shall deliver to COUNTY all work completed or 2006; C. Staff costs incurred in progress, including all data, reports and deliverables within ten (10) business days after termination of this Agreement. 8. Upon termination of this Agreement, CONSULTANT shall comply with the provisions of Paragraph KK, Records Retention and Inspection, herein above.Contract close down;