Common use of TERMINATION FOR CONVENIENCE OF THE CITY Clause in Contracts

TERMINATION FOR CONVENIENCE OF THE CITY. (a) The parties agree that the City may terminate this Contract, or any work or delivery required hereunder, from time to time either in whole or part, whenever the City Manager of Port Orange shall determine that such termination is in the best interest of the City. (b) Termination, in whole or in part, shall be effected by delivery of a Notice of Termination signed by the City Manager or his designee, mailed or delivered to the Contractor, and specifically setting forth the effective date of termination. (c) Upon receipt of such Notice, the Contractor shall: (i) cease any further deliveries or work due under this Contract, on the date, and to the extent, which may be specified in the Notice; (ii) place no further orders with any subcontractors except as may be necessary to perform that portion of this Contract not subject to the Notice; (iii) terminate all subcontracts except those made with respect to contract performance not subject to the Notice; (iv) settle all outstanding liabilities and claims which may arise out of such termination, with the ratification of the Finance Director of Port Orange; and (v) use best efforts to mitigate any damages which may be sustained by the Contractor as a consequence of termination under this clause. (d) After complying with the provisions of subparagraph (c), above, the Contractor shall submit a termination claim, in no event later than six (6) months after the effective date of termination, unless one or more extensions of three (3) months each are granted by the Finance Director. (e) The Finance Director, with the approval of the City Manager, shall pay from the using department's budget, reasonable costs of termination, including a reasonable amount for profit on supplies or services delivered or work completed. In no event shall this amount be greater than the original contract price, reduced by any payments made prior to Notice of Termination, and further reduced by the price of the supplies not delivered or the services not provided. This Contract shall be amended accordingly, and the Contractor shall be paid the agreed amount. (f) In the event that the parties cannot agree on the whole amount to be paid to the Contractor by reason of termination under this clause, the Finance Director shall pay the Contractor the amounts determined as follows, without duplicating any amounts which may have already been paid under the preceding paragraph of this clause: (i) With respect to all Contract performance prior to the effective date of Notice of Termination, the total of: (1) the cost of work performed or supplies delivered; (2) the cost of settling and paying any reasonable claims as provided in paragraph (c) (iv), above; (3) a sum as profit on (a) determined by the Finance Director to be fair and reasonable. (ii) The total sum to be paid under (i) above shall not exceed the contract price, as further reduced by the contract price of work or supplies not terminated. (g) In the event that the Contractor is not satisfied with any payments which the Finance Director shall determine to be due under this clause, the Contractor may appeal any claim to the City Council in accordance with Paragraph 24 of this contract concerning disputes.

TERMINATION FOR CONVENIENCE OF THE CITY. (a) The parties agree that the City may terminate this Contract, or any work or delivery required hereunder, from time to time either in whole or part, whenever the City Manager of Port Orange shall determine that such termination is in the best interest of the City. (b) Termination, in whole or in part, shall be effected by delivery of a Notice of Termination signed by the City Manager or his designee, mailed or delivered to the ContractorArchitect, and specifically setting forth the effective date of termination. (c) Upon receipt of such Notice, the Contractor Architect shall: (i) cease any further deliveries or work due under this Contract, on the date, and to the extent, which may be specified in the Notice; (ii) place no further orders with any subcontractors except as may be necessary to perform that portion of this Contract not subject to the Notice; (iii) terminate all subcontracts except those made with respect to contract performance not subject to the Notice; (iv) settle all outstanding liabilities and claims which may arise out of such termination, with the ratification of the Finance Director of Port Orange; and (v) use best efforts to mitigate any damages which may be sustained by the Contractor Architect as a consequence of termination under this clause. (d) After complying with the provisions of subparagraph (c), above, the Contractor Architect shall submit a termination claim, in no event later than six (6) months after the effective date of termination, unless one or more extensions of three (3) months each are granted by the Finance Director. (e) The Finance Director, with the approval of the City Manager, shall pay from the using department's budget, reasonable costs of termination, including a reasonable amount for profit on supplies or services delivered or work completed. In no event shall this amount be greater than the original contract price, reduced by any payments made prior to Notice of Termination, and further reduced by the price of the supplies not delivered or the services not provided. This Contract shall be amended accordingly, and the Contractor Architect shall be paid the agreed amount. (f) In the event that the parties cannot agree on the whole amount to be paid to the Contractor Architect by reason of termination under this clause, the Finance Director shall pay the Contractor Architect the amounts determined as follows, without duplicating any amounts which may have already been paid under the preceding paragraph of this clause: (i) With respect to all Contract performance prior to the effective date of Notice of Termination, the total of: (1) the cost of work performed or supplies delivered; (2) the cost of settling and paying any reasonable claims as provided in paragraph (c) (iv), above; (3) a sum as profit on (a) determined by the Finance Director to be fair and reasonable. (ii) The total sum to be paid under (i) above shall not exceed the contract price, as further reduced by the contract price of work or supplies not terminated. (g) In the event that the Contractor Architect is not satisfied with any payments which the Finance Director shall determine to be due under this clause, the Contractor Architect may appeal any claim to the City Council in accordance with Paragraph 24 23 of this contract concerning disputes.

TERMINATION FOR CONVENIENCE OF THE CITY. (a) The parties agree that A. This Agreement may be terminated by the City may terminate in accordance with this Contractsection in whole, or any work or delivery required hereunder, from time to time either time, in whole or part, whenever for any reason, the City Manager of Port Orange shall determine that such termination is in the best interest of the City. Any such termination shall be effective upon written notice to the Consultant. However, no such termination shall relieve the Consultant of any outstanding duties imposed by the Agreement, including the requirement to hold the City harmless and to maintain insurance coverage insuring against loss arising out of the Project. (b) TerminationB. If the Agreement is so terminated the City may take over the work and services and prosecute the same to completion by contract or otherwise. The Consultant, in whole or in partupon such termination, shall be effected by delivery of a Notice of Termination signed transfer title, and in the manner directed by the City Manager or his designeeCity, mailed or delivered shall deliver to the ContractorCity the completed or partially completed, plans, drawings information, other property and specifically setting forth records of work being performed, which, if this Agreement had been completed, would be required to be furnished to the City. C. After receipt of written notice of termination, the Consultant shall promptly submit to the City its termination claim in a form acceptable to the City. Such claim shall in no event be submitted later than one year from the effective date of termination. (c) Upon receipt of such Notice, the Contractor shall: (i) cease any further deliveries or work due under this Contract, on the date, and to the extent, which may be specified in the Notice; (ii) place no further orders with any subcontractors except as may be necessary to perform that portion of this Contract not subject to the Notice; (iii) terminate all subcontracts except those made with respect to contract performance not subject to the Notice; (iv) settle all outstanding liabilities and claims which may arise out of such termination, with the ratification of the Finance Director of Port Orange; and (v) use best efforts to mitigate any damages which may be sustained by the Contractor as a consequence of termination under this clause. (d) After complying with the provisions of subparagraph (c), above, the Contractor shall submit a termination claim, in no event later than six (6) months after the effective date of termination, unless one or more extensions of three (3) months each are granted by the Finance Director. (e) The Finance Director, with the approval of the City Manager, shall pay from the using department's budget, reasonable costs of termination, including a reasonable amount for profit on supplies or services delivered or work completed. In no event shall this amount be greater than the original contract price, reduced by any payments made prior to Notice of Termination, and further reduced by the price of the supplies not delivered or the services not provided. This Contract shall be amended accordingly, and the Contractor shall be paid the agreed amount. (f) D. In the event that the parties cannot agree on the agree, in whole amount to be paid or in part, as to the Contractor amount due by reason of the termination under of the Agreement pursuant to this clause, the Finance Director City shall pay the Contractor Consultant the amounts amount determined as follows, without duplicating any amounts which may have already been paid under the preceding paragraph total of this clausethe following: (i) With respect to 1. The cost of all Contract performance work performed prior to the effective date of Notice of Termination, the total of:termination. (1) the cost of work performed or supplies delivered; (2) the . The cost of settling and paying any reasonable claims arising out of and as provided in paragraph (c) (iv), abovea direct result of the termination; (3) a . A sum as profit on (a) subdivision 1. above, determined by the Finance Director to be fair and reasonable, provided however, that if the Consultant would have sustained a loss on the entire Agreement had it been completed, no profit shall be included or allowed under this subdivision 3. (ii) , and an appropriate adjustment shall be made reducing the amount of settlement to reflect the indicated rate of loss. The total sum to be paid under (i) above this section shall not exceed the contract pricetotal price of this Agreement specified hereinabove, as further reduced by the contract price amount of payments otherwise made, and further secured by the value of work or supplies not terminated. (g) In remaining incomplete at the event that time of the Contractor is not satisfied with any payments which the Finance Director shall determine to be due under this clause, the Contractor may appeal any claim to the City Council in accordance with Paragraph 24 termination of this contract concerning disputesAgreement.

TERMINATION FOR CONVENIENCE OF THE CITY. (a) The parties agree that the City may terminate this Contract, or any work or delivery required hereunder, from time to time either in whole or in part, whenever the City Manager or the Purchasing Agent of Port Orange shall determine Colonial Heights determines that such termination is in the best interest of the City. (b) Termination, in whole or in part, shall be effected by delivery of a Notice of Termination signed by the City Manager or his designeethe Purchasing Agent, mailed or delivered to the Contractor, Consultant and specifically setting forth the effective date of termination. (c) Upon receipt of such Notice, the Contractor Consultant shall: (i) cease any further deliveries or work due under this Contract, on the date, and to the extent, which may be specified in the Notice; (ii) place no further orders with any subcontractors subConsultants except as may be necessary to perform that portion of this Contract not subject to the Notice; (iii) terminate all subcontracts except those made with respect to contract performance not subject to the Notice; (iv) settle all outstanding liabilities and claims which may arise out of such termination, with the ratification of the Finance Director of Port OrangeCity Purchasing Agent; and (v) use its best efforts to mitigate any damages which may be sustained by the Contractor him as a consequence of termination under this clause. (d) After complying with the provisions of subparagraph (c), above, the Contractor Consultant shall submit a termination claim, in no event later than six (6) months after the effective date of their termination, unless one or more extensions of three (3) months each are granted by the Finance DirectorPurchasing Agent. (e) The Finance DirectorPurchasing Agent, with the approval of the City ManagerCity’s signatory to this Contract, shall pay from the using department's budget, ’s budget reasonable costs of termination, including a reasonable amount for profit on supplies or services delivered or work completed. In no event shall this amount be greater than that the original contract price, reduced by any payments made prior to Notice of Termination, and further reduced by the price of the supplies not delivered delivered, or the services service not provided. This Contract shall be amended accordingly, and the Contractor Consultant shall be paid the agreed amount. (f) In the event that the parties cannot agree on the whole amount to be paid to the Contractor Consultant by reason of termination under this clause, the Finance Director Purchasing Agent shall pay to the Contractor Consultant the amounts determined as follows, without duplicating any amounts which may have already been paid under the preceding paragraph of this clause: (i) With with respect to all Contract performance prior to the effective date of Notice of Termination, the total of: (1A) the cost of work performed or supplies delivered; (2B) the cost of settling and paying any reasonable claims as provided in paragraph 5 (c) (iv), above; (3C) a sum as profit on (aA) determined by the Finance Director Purchasing Agent to be fair and reasonable. (ii) The the total sum to be paid under (i) above shall not exceed the contract price, as reduced by the amount of payments otherwise made, and as further reduced by the contract price of work or supplies not terminated. (g) In the event that the Contractor Consultant is not satisfied with any payments which the Finance Director Purchasing Agent shall determine to be due under this clause, the Contractor Consultant may appeal any claim to the City Council in accordance with Paragraph 24 14 of this contract concerning disputesDisputes. (h) The Consultant shall include similar provisions in any subcontract, and shall specifically include a requirement that subConsultants make all reasonable efforts to mitigate damages which may be suffered. Failure to include such provision shall bar the Consultant from any recovery from the City whatsoever of loss or damage sustained by a subConsultant as a consequence of termination for convenience.

TERMINATION FOR CONVENIENCE OF THE CITY. (a) The parties agree that A. This Agreement may be terminated by the City may terminate in accordance with this Contractsection in whole, or any work or delivery required hereunder, from time to time either time, in whole or part, whenever for any reason, the City Manager of Port Orange shall determine that such termination is in the best interest of the City. Any such termination shall be effective upon written notice to the Consultant. However, no such termination shall relieve the Consultant of any outstanding duties imposed by the Agreement, including the requirement to hold the City harmless and to maintain insurance coverage insuring against loss arising out of the Project. (b) TerminationB. If the Agreement is so terminated the City may take over the work and services and prosecute the same to completion by contract or otherwise. The Consultant, in whole or in partupon such termination, shall be effected by delivery of a Notice of Termination signed transfer title, and in the manner directed by the City Manager or his designeeCity, mailed or delivered shall deliver to the ContractorCity the completed or partially completed, plans, drawings information, other property and specifically setting forth records of work being performed, which, if this Agreement had been completed, would be required to be furnished to the City. C. After receipt of written notice of termination, the Consultant shall promptly submit to the City its termination claim in a form acceptable to the City. Such claim shall in no event be submitted later than one year from the effective date of termination. (c) Upon receipt of such Notice, the Contractor shall: (i) cease any further deliveries or work due under this Contract, on the date, and to the extent, which may be specified in the Notice; (ii) place no further orders with any subcontractors except as may be necessary to perform that portion of this Contract not subject to the Notice; (iii) terminate all subcontracts except those made with respect to contract performance not subject to the Notice; (iv) settle all outstanding liabilities and claims which may arise out of such termination, with the ratification of the Finance Director of Port Orange; and (v) use best efforts to mitigate any damages which may be sustained by the Contractor as a consequence of termination under this clause. (d) After complying with the provisions of subparagraph (c), above, the Contractor shall submit a termination claim, in no event later than six (6) months after the effective date of termination, unless one or more extensions of three (3) months each are granted by the Finance Director. (e) The Finance Director, with the approval of the City Manager, shall pay from the using department's budget, reasonable costs of termination, including a reasonable amount for profit on supplies or services delivered or work completed. In no event shall this amount be greater than the original contract price, reduced by any payments made prior to Notice of Termination, and further reduced by the price of the supplies not delivered or the services not provided. This Contract shall be amended accordingly, and the Contractor shall be paid the agreed amount. (f) D. In the event that the parties cannot agree on the agree, in whole amount to be paid or in part, as to the Contractor amount due by reason of the termination under of the Agreement pursuant to this clause, the Finance Director City shall pay the Contractor Consultant the amounts amount determined as follows, without duplicating any amounts which may have already been paid under the preceding paragraph total of this clausethe following: (i) With respect to 1. The cost of all Contract performance work performed prior to the effective date of Notice of Termination, the total of:termination. (1) the cost of work performed or supplies delivered; (2) the . The cost of settling and paying any reasonable claims arising out of and as provided in paragraph (c) (iv), abovea direct result of the termination; (3) a . A sum as profit on subdivision one (a1) above, determined by the Finance Director to be fair and reasonable. , provided however, that if the Consultant would have sustained a loss on the entire Agreement had it been completed, no profit shall be included or allowed under this subdivision three (ii) 3), and an appropriate adjustment shall be made reducing the amount of settlement to reflect the indicated rate of loss. The total sum to be paid under (i) above this section shall not exceed the contract pricetotal price of this Agreement specified hereinabove, as further reduced by the contract price amount of payments otherwise made, and further secured by the value of work or supplies not terminated. (g) In remaining incomplete at the event that time of the Contractor is not satisfied with any payments which the Finance Director shall determine to be due under this clause, the Contractor may appeal any claim to the City Council in accordance with Paragraph 24 termination of this contract concerning disputesAgreement.

TERMINATION FOR CONVENIENCE OF THE CITY. (a) The parties agree that the City may terminate this Contract, or any work or delivery required hereunder, from time to time either in whole or part, whenever the City Manager of Port Orange shall determine that such termination is in the best interest of the City.parties (b) Termination, in whole or in part, shall be effected by delivery of a Notice of Termination signed by the City Manager or his designee, mailed or delivered to the ContractorCONSULTANT, and specifically setting forth the effective date of termination. (c) Upon receipt of such Notice, the Contractor CONSULTANT shall: : (i) cease any further deliveries or work due under this Contract, on the date, and to the extent, which may be specified in the Notice; ; (ii) place no further orders with any subcontractors sub-contractors except as may be necessary to perform that portion of this Contract not subject to the Notice; ; (iii) terminate all subcontracts except those made with respect to contract performance not subject to the Notice; ; (iv) settle all outstanding liabilities and claims which may arise out of such termination, with the ratification of the Finance Director of Port OrangeEdgewater; and and (v) use best efforts to mitigate any damages which may be sustained by the Contractor CONSULTANT as a consequence of termination under this clause. (d) After complying with the provisions of subparagraph (c), above, the Contractor CONSULTANT shall submit a termination claim, in no event later than six (6) months after the effective date of termination, unless one or more extensions of three (3) months each are granted by the Finance Director. (e) The Finance Director, with the approval of the City Manager, shall pay from the using department's budget, reasonable costs of termination, including a reasonable amount for profit on supplies or services delivered or work completed. In no event shall this amount be greater than the original contract price, reduced by any payments made prior to Notice of Termination, and further reduced by the price of the supplies not delivered or the services not provided. This Contract shall be amended accordingly, and the Contractor CONSULTANT shall be paid the agreed amount. (f) In the event that the parties cannot agree on the whole amount to be paid to the Contractor CONSULTANT by reason of termination under this clause, the Finance Director shall pay the Contractor CONSULTANT the amounts determined as follows, without duplicating any amounts which may have already been paid under the preceding paragraph of this clause: : (i) With respect to all Contract performance prior to the effective date of Notice of Termination, the total of: : (1) the cost of work performed or supplies delivered; ; (2) the cost of settling and paying any reasonable claims as provided in paragraph (c) (iv), above; ; (3) a sum as profit on (a) determined by the Finance Director to be fair and reasonable. (ii) The total sum to be paid under (i) above shall not exceed the contract price, as further reduced by the contract price of work or supplies not terminated. (g) In the event that the Contractor CONSULTANT is not satisfied with any payments which the Finance Director shall determine to be due under this clause, the Contractor CONSULTANT may appeal any claim to the City Council in accordance with Paragraph 24 of this contract concerning disputes.

TERMINATION FOR CONVENIENCE OF THE CITY. (a) The parties agree that the City may terminate this Contract, or any work or delivery required hereunder, from time to time either in whole or part, whenever the City Manager of Port Orange Edgewater shall determine that such termination is in the best interest of the City. (b) Termination, in whole or in part, shall be effected by delivery of a Notice of Termination signed by the City Manager or his designee, mailed or delivered to the Contractor, and specifically setting forth the effective date of termination. (c) Upon receipt of such Notice, the Contractor shall: : (i) cease any further deliveries or work due under this Contract, on the date, and to the extent, which may be specified in the Notice; ; (ii) place no further orders with any subcontractors except as may be necessary to perform that portion of this Contract not subject to the Notice; ; (iii) terminate all subcontracts except those made with respect to contract performance not subject to the Notice; ; (iv) settle all outstanding liabilities and claims which may arise out of such termination, with the ratification of the Finance Director of Port OrangeEdgewater; and and (v) use best efforts to mitigate any damages which may be sustained by the Contractor as a consequence of termination under this clause. (d) After complying with the provisions of subparagraph (c), above, the Contractor shall submit a termination claim, in no event later than six (6) months after the effective date of termination, unless one or more extensions of three (3) months each are granted by the Finance Director.six (e) The Finance Director, with the approval of the City Manager, shall pay from the using department's budget, reasonable costs of termination, including a reasonable amount for profit on supplies or services delivered or work completed. In no event shall this amount be greater than the original contract price, reduced by any payments made prior to Notice of Termination, and further reduced by the price of the supplies not delivered or the services not provided. This Contract shall be amended accordingly, and the Contractor shall be paid the agreed amount. (f) In the event that the parties cannot agree on the whole amount to be paid to the Contractor by reason of termination under this clause, the Finance Director shall pay the Contractor the amounts determined as follows, without duplicating any amounts which may have already been paid under the preceding paragraph of this clause: : (i) With respect to all Contract performance prior to the effective date of Notice of Termination, the total of: : (1) the cost of work performed or supplies delivered; ; (2) the cost of settling and paying any reasonable claims as provided in paragraph (c) (iv), above; ; (3) a sum as profit on (a) determined by the Finance Director to be fair and reasonable. (ii) The total sum to be paid under (i) above shall not exceed the contract price, as further reduced by the contract price of work or supplies not terminated. (g) In the event that the Contractor is not satisfied with any payments which the Finance Director shall determine to be due under this clause, the Contractor may appeal any claim to the City Council in accordance with Paragraph 24 of this contract concerning disputes.