Common use of Termination for Failure to Perform Clause in Contracts

Termination for Failure to Perform. (1) At its discretion, NASA may terminate this Agreement 30 days after issuance of a written notification that Participant has failed to perform under this Agreement, by failure to meet a scheduled milestone as identified and described in Appendix B. Before making such a notification, NASA shall consult with Participant to ascertain the cause of the failure and determine whether additional efforts are in the best interest of the Parties. Upon such a notification and determination, NASA will take all rights identified in Articles 9 and 10 of this Agreement. (2) Participant shall not be entitled to any additional payments from the Government due to a termination for failure to meet a milestone. NASA and Participant will negotiate in good faith any other outstanding issues between the Parties. Failure of the Parties to agree will be resolved pursuant to Article 20, Dispute Resolution. Participant shall retain without liability or obligation of repayment all NASA payments made and received as of the date of termination.

Termination for Failure to Perform. (1) . At its discretion, NASA may terminate this Agreement 30 days after issuance of a written notification that Participant Partner has failed to perform under this Agreement, Agreement by failure failing to meet a scheduled milestone milestone, as identified and described in Appendix B. 2. Before making such a notification, NASA shall consult with Participant Partner to ascertain the cause of the failure and determine whether additional efforts are in the best interest of the Parties. Upon such a notification and determination, NASA will take all rights identified in Articles 9 and 10 of this Agreement. (2) Participant . Partner shall not be entitled to any additional payments from the Government due to a termination for failure to meet a milestone. NASA and Participant Partner will negotiate in good faith any other outstanding issues between the Parties. Failure of the Parties to agree will be resolved pursuant to Article 2019, Dispute Resolution. Participant Partner shall retain without liability or obligation of repayment all NASA payments made and received as of the date of termination.

Termination for Failure to Perform. (1) At its discretion, NASA may terminate this Agreement 30 days after issuance of a written notification that Participant XYZ has failed to perform under this Agreement, by including failure to meet a scheduled milestone as identified and described in Appendix B. 1. Before making such a notification, NASA shall will consult with Participant XYZ to ascertain the cause of the failure and determine whether additional efforts are in the best interest of the Partiesparties. Upon such a notification and determination, NASA will may take all rights identified in Articles 9 15 and 10 16 of this Agreement. (2) Participant shall XYZ will not be entitled to any additional payments from the Government government due to a termination for failure to meet a milestone. NASA and Participant XYZ will negotiate in good faith any other outstanding issues between the Partiesparties. Failure of the Parties parties to agree will be resolved pursuant to Article 2021, Dispute Resolution. Participant shall retain without liability or obligation of repayment all NASA payments made and received as of the date of termination.

Termination for Failure to Perform. (1) . At its discretion, NASA may terminate this Agreement 30 days after issuance of a written notification that Participant Partner has failed to perform under this Agreement, Agreement by failure failing to meet a scheduled milestone milestone, as identified and described in Appendix B. 2. Before making such a notification, NASA shall consult with Participant Partner to ascertain the cause of the failure and determine whether additional efforts are in the best interest of the Parties. Upon such a notification and determination, NASA will take all rights identified in Articles 9 and 10 of this Agreement. (2) Participant . Partner shall not be entitled to any additional payments from the Government due to a termination for failure to meet a milestone. NASA and Participant Partner will negotiate in good faith any other outstanding issues between the Parties. Failure of the Parties to agree will be resolved pursuant to Article 2019, Dispute Resolution. Participant Partner shall retain without liability or obligation of repayment all NASA payments made and received as of the date of termination.

Termination for Failure to Perform. (1) At its discretion, NASA may terminate this Agreement 30 days after issuance of a written notification that Participant has failed to perform under this Agreement, by failure to meet a scheduled milestone as identified and described in Appendix B. Before making such a notification, NASA shall consult with Participant to ascertain the cause of the failure and determine whether additional efforts are in the best interest of the Parties. Upon such a notification and determination, NASA will take all rights identified in Articles 9 and 10 of this Agreement. (2) Participant shall not be entitled to any additional payments from the Government due to a termination for failure to meet a milestone. NASA and Participant will negotiate in good faith any other outstanding issues between the Parties. Failure of the Parties to agree will be resolved pursuant to Article 20, Dispute Resolution. Participant shall retain without liability or obligation of repayment all NASA payments made and received as of the date of termination.