Common use of TERMINATION FOR NATIONAL EMERGENCIES OR OTHER GOVERNMENT ORDER Clause in Contracts

TERMINATION FOR NATIONAL EMERGENCIES OR OTHER GOVERNMENT ORDER. The Owner shall terminate the Contract or portion thereof by written notice when the Contractor is prevented from proceeding with the Work as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense. The Owner may, but is not obligated to, terminate the Contract or portion thereof by written notice or as a result of a government order preventing the prosecution of the Work or portion thereof or as a result of another government order that renders the Owner’s continued performance of the Contract impracticable. When the Contract, or any portion thereof, is terminated before completion of all items of Work, payment will be made for the actual number of units or items of Work properly completed at the stated price in the Contract or as mutually agreed for items of Work partially completed or not started. No claims or loss of anticipated profits shall be considered. Reimbursement for organization of the Work, and other overhead expenses (when not otherwise included in the Contract), and moving Equipment and Materials to and from the job will be considered, the intent being that an equitable settlement will be made with the Contractor. Acceptable Materials, obtained or ordered by the Contractor for the Work and that are not incorporated in the Work may, at the option of the Owner, be purchased from the Contractor at actual cost as shown by receipted bills and actual cost records at such points of delivery as may be designated by the Owner. Termination of the Contract or a portion thereof shall neither relieve the Contractor of his/her responsibilities for the Work nor shall it relieve his/her Surety of its obligation for and concerning any just claim arising out of the Work.