Termination for Convenience of the Owner. The performance of work under this AGREEMENT may be terminated by the Owner in accordance with this Article in whole, or from time to time in part, whenever the Owner shall determine that such termination is in its best interest. Any such termination shall be effected by delivery to the Consultant of a Notice of Termination specifying the extent to which performance and work under the AGREEMENT is terminated and the date upon which such termination becomes effective. The Consultant shall be entitled to a proportion of the fee which the services actually and satisfactorily performed by it shall bear to the total services contemplated under this AGREEMENT less payments previously made, together with appropriate reimbursable costs to be negotiated between the Consultant and Owner. In addition, the Owner may negotiate with the Consultant to establish an amount of compensation for the Consultant’s costs incurred in the close-out of the AGREEMENT.
Termination for Convenience of the Owner. The Owner may terminate this Contract at any time by giving at least ten (10) days notice in writing to the Consultant. If the Contract is terminated by the Owner as provided herein, the Consultant will be paid for the time provided and expenses incurred up to the termination date. If this Contract is terminated due to the fault of the Consultant, Paragraph 1 hereof relative to termination shall apply.
Termination for Convenience of the Owner. This Agreement may be terminated without cause by the Owner and for its convenience upon seven (7) days written notice to the Designer.
Termination for Convenience of the Owner. 38.1 The Owner, by written notice to the Contractor, may terminate this Contract in whole or in part when sufficient appropriated or other funds are not available or in the sole discretion of the Owner it is in the Owner's best interest. In such case, the Contractor shall be paid for all Work executed and reasonable termination expenses, and a reasonable allowance for profit and overhead on Work done, provided that such payments exclusive of termination expenses shall not exceed the total Contract Price as reduced by other contract payments previously made to the Contractor and as further reduced by the value of the Work as yet not completed. The Contractor shall not be entitled to profit and overhead on Work, which was not performed.
Termination for Convenience of the Owner. The parties agree that the Owner may terminate this Contract or any work or delivery required hereunder, from time-to-time either in whole or in part, whenever the Owner shall determine that such termination is in the best interest of the Owner and pursuant to Article 14 of the AIA A201 General Conditions for Construction, as modified by the Owner. Termination, in whole or in part, shall be effected by delivery of a Notice of Termination signed by the Owner’s Director or designee, mailed or delivered to the Contractor, and specifically setting forth the effective date of termination. Upon receipt of such Notice, the Contractor, in addition to the requirements of Article 14 of the AIA A201 General Conditions for Construction, as modified by the Owner, shall:
1. Cease any further deliveries or work due under this Contract, on the date, and to the extent, which may be specified in the Notice;
2. Place no further orders with any subcontractors except as may be necessary to perform that portion of this Contract not subject to the Notice;
3. Terminate all subcontracts except those made with respect to Contract performance not subject to the Notice;
4. Settle all outstanding liabilities and claims which may arise out of such termination, and
5. Use its best efforts to mitigate any damages which may be sustained by him as a consequence of termination under this clause. After complying with the foregoing provisions, the Contractor shall submit a termination claim, in no event later than six months after the effective date of their termination, unless an extension is granted by the Owner. The Owner shall pay reasonable costs of termination, including a reasonable amount for profit on services delivered or 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 services not delivered, or those services not provided. This Contract shall be amended accordingly, and the Contractor shall be paid the agreed upon amount. 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 Owner shall pay to the Contractor the amounts determined as follows, without duplicating any amount which may have already been paid under the preceding paragraph of this clause:
1. With respect to all Contract performance prior to the effective date of Notice of Termination, the total of:
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Termination for Convenience of the Owner. 10.2.1 THE OWNER MAY, AT ANY TIME UPON TEN (10) DAYS' WRITTEN NOTICE TO THE CM AND TO THE CM'S SURETY, WHICH NOTICE SHALL SPECIFY THAT PORTION OF THE WORK TO BE TERMINATED AND THE DATE SAID TERMINATION IS TO TAKE EFFECT, TERMINATE (WITHOUT PREJUDICE TO ANY RIGHT OR REMEDY OF THE OWNER) THE WHOLE OR ANY PORTION OF THE WORK FOR THE CONVENIENCE OF THE OWNER. THE CM'S SOLE REMEDY, IN THE EVENT OF SUCH TERMINATION, WILL BE THE ALLOWABLE TERMINATION COSTS PERMITTED BY PARAGRAPH 10.4. CM SHALL INCLUDE TERMINATION CLAUSES IDENTICAL TO ARTICLE 10 IN EACH OF HIS SUBCONTRACTS.
Termination for Convenience of the Owner. 12.2.1 The Owner may, at any time upon ten (10) days' written notice to the Contractor which notice shall specify that portion of the Work to be terminated and the date said termination is to take effect, terminate (without prejudice to any right or remedy of the Owner) the whole or any portion of the work for the convenience of the Owner. The Contractor's sole remedy, in the event of such termination, will be the allowable termination costs permitted by Article 12.
Termination for Convenience of the Owner. 10.2.1 THE OWNER MAY, AT ANY TIME UPON TEN (10) DAYS' WRITTEN NOTICE TO THE CM AND TO THE CM'S SURETY, WHICH NOTICE SHALL SPECIFY THAT PORTION .4 IF THE CM FAILS TO MAKE PAYMENT TO THE CONTRACTORS OR FOR MATERIALS OR LABOR WHEN DUE, UNLESS HE OTHERWISE PROVIDES THE OWNER REASONABLE EVIDENCE THAT PAYMENT IS NOT LEGALLY OR CONTRACTUALLY DUE; .5 IF THE CM DISREGARDS LAWS, PERMITS, ORDINANCES, RULES, REGULATIONS OR ORDERS OF ANY PUBLIC AUTHORITY HAVING JURISDICTION, OR FAILS TO FOLLOW THE REASONABLE INSTRUCTIONS OF THE OWNER; .6 IF THE CM SUBSTANTIALLY VIOLATES ANY PROVISIONS OF THE CONTRACT DOCUMENTS; OR .7 IF THE CM REFUSES OR FAILS TO PROPERLY SCHEDULE, PLAN, COORDINATE AND EXECUTE THE WORK, AS SPECIFIED HEREIN, SO AS TO PERFORM THE WORK WITHIN THE SPECIFIED MILESTONE AND COMPLETION DATES, OR TO PROVIDE SCHEDULING OR RELATED INFORMATION, REVISIONS AND UPDATES AS REQUIRED BY THE CONTRACT DOCUMENTS.
Termination for Convenience of the Owner. 14.4.1. Upon fifteen (15) Calendar Days' written notice to the Contractor and surety, or sooner if reasonable under the circumstances, the Owner may, without cause and without prejudice to any other right or remedy it may have, elect to terminate any part of the Work, or the Agreement in whole or in part, as the Owner may deem appropriate for its convenience. Upon receipt of any such termination notice, the Contractor shall immediately proceed in accordance with any specific instructions, protect and maintain the Work, and make reasonable and diligent efforts to mitigate costs associated with the termination.
14.4.2. In any termination for convenience, the Contractor shall be paid for (a) Work completed, in accordance with the Contract Documents, before receipt of the notice of termination, and
Termination for Convenience of the Owner. The Owner at any time may terminate the Contract in whole or in part for any reason and without cause. Any said termination shall be effected by delivering to Contractor a notice of termination specifying the extent to which performance of Work under the Contract is terminated and the date upon which said termination becomes effective. Upon receipt of the notice of termination, Contractor shall act promptly to minimize the expenses resulting from said termination. The Owner shall pay Contractor the costs actually incurred by Contractor in the performance of the Work up to the effective date of said termination, but in no event shall Contractor be entitled to compensation in excess of the total compensation earned through the date of termination. Contractor shall not be entitled to any compensation for lost profits, which may be attributable to such termination. In the event of said termination, the Owner may take over the Work and prosecute same to completion and may take possession of and may utilize such materials and equipment as may be on the Site and necessary or useful in completing the Work.
