TERMINATION FOR THE CONVENIENCE OF THE STATE a) The State may terminate performance of work under this Contract for its convenience in whole or, from time to time, in part, if the Department of General Services, Deputy Director, Procurement Division, or designee, determines that a termination is in the State’s interest. The Department of General Services, Deputy Director, Procurement Division, or designee, shall terminate by delivering to the Contractor a Notice of Termination specifying the extent of termination and the effective date thereof. The parties agree that, as to the terminated portion of the Contract, the Contract shall be deemed to remain in effect until such time as the termination settlement, if any, is concluded and the Contract shall not be void.
b) After receipt of a Notice of Termination, and except as directed by the State, the Contractor shall immediately proceed with the following obligations, as applicable, regardless of any delay in determining or adjusting any amounts due under this clause. The Contractor shall:
i) Stop work as specified in the Notice of Termination.
ii) Place no further subcontracts for materials, services, or facilities, except as necessary to complete the continued portion of the Contract.
iii) Terminate all subcontracts to the extent they relate to the work terminated.
iv) Settle all outstanding liabilities and termination settlement proposals arising from the termination of subcontracts; the approval or ratification of which will be final for purposes of this clause.
TERMINATION FOR THE CONVENIENCE OF THE STATE a) The State may terminate performance under this Contract for its convenience in whole or, from time to time, in part, if the Department of General Services, Deputy Director Procurement Division, or designee, determines that a termination is in the State’s interest. The Department of General Services, Deputy Director, Procurement Division, or designee, or the Department of Technology, Deputy Director, Statewide Technology Procurement, or designee, as applicable, shall terminate by delivering to the Contractor a Notice of Termination specifying the extent of termination and the effective date thereof, which shall be no less than fifteen (15) days from the Notice of Termination date.
b) After receipt of a Notice of Termination, and except as directed by the State, the Contractor shall immediately stop work as specified in the Notice of Termination, regardless of any delay in determining or adjusting any amounts due under this clause.
c) After termination, the Contractor shall submit a final termination settlement proposal to the State in the form and with the information prescribed by the State except that in no instance shall the Contractor seek nor will the State pay for Services not utilized or costs not specified on an order for Services regardless of Contractors’ liability or costs for materials, equipment, Software, facilities, or sub- contracts. The Contractor shall submit the proposal promptly, but no later than thirty (30) days after the effective date of termination, unless a different time is provided in the Statement of Work or in the Notice of Termination.
d) The Contractor and the State may agree upon the whole or any part of the amount to be paid or refunded as requested under subsection (c) above;
e) Unless otherwise set forth in the Statement of Work, if the Contractor and the State fail to agree on the amount to be paid because of the termination for convenience.
i. The State will pay the Contractor the Contract price for Services accepted or utilized by the State; provided that in no event will total payments exceed the amount payable to the Contractor if the Contract had been fully performed.
f) The Contractor will use generally accepted accounting principles, or accounting principles otherwise agreed to in writing by the parties, and sound business practices in determining all costs claimed, agreed to, or determined under this clause.
TERMINATION FOR THE CONVENIENCE OF THE STATE a. The State may terminate performance of work under this Contract for its convenience in whole or, from time to time, in part, if the Chief Deputy Director, DTS, or designee, determines that a termination is in the State’s interest. The Chief Deputy Director, DTS, or designee, shall terminate by delivering to Contractor a Notice of Termination specifying the extent of termination and the effective date thereof.
b. After receipt of a Notice of Termination, and except as directed by the State, Contractor shall immediately proceed with the following obligations, as applicable, regardless of any delay in determining or adjusting any amounts due under this clause. Contractor shall:
i. Stop work as specified in the Notice of Termination (except as required by any Disentanglement Services).
ii. Place no further subcontracts for materials, Services, or facilities, except as necessary to complete the continuing portion of the Contract.
iii. Terminate all subcontracts to the extent they relate to the work terminated.
iv. Settle all outstanding liabilities and settlement proposals arising from the termination of subcontracts.
c. Contractor and the State agree that the State shall have no obligation to pay any amount to Contractor upon the termination for convenience, other than, and in accordance with the terms of this Contract, the agreed price for Deliverables or Services accepted by the State and not previously paid for, adjusted for any savings on freight and other charges plus any unrecovered amortized capital costs originally identified in writing by Contractor and approved in advance by the State, calculated using Generally Accepted Accounting Principles. Contractor shall submit a final termination settlement proposal within ninety (90) calendar days from the effective date of termination.
TERMINATION FOR THE CONVENIENCE OF THE STATE a) The State may terminate performance of work under this Contract for its convenience in whole or, from time to time, in part, if the California Department of Technology determines that a termination is in the State’s interest. The California Department of Technology shall terminate by delivering to the Contractor a Notice of Termination specifying the extent of termination and the effective date thereof.
b) After receipt of a Notice of Termination, and except as directed by the State, the Contractor shall immediately stop work as specified in the Notice of Termination, regardless of any delay in determining or adjusting any amounts due under this clause.
c) After termination, the Contractor shall submit a final termination settlement proposal to the State in the form and with the information prescribed by the State except that in no instance shall the Contractor seek nor will the State pay for costs not specified on an order for services regardless of Contractors’ liability or costs for materials, equipment, software, facilities, or sub-contracts. The Contractor shall submit the proposal promptly, but no later than 90 days after the effective date of termination, unless a different time is provided in the Statement of Work or in the Notice of Termination.
d) The Contractor and the State may agree upon the whole or any part of the amount to be paid as requested under subsection (c) above.
e) Unless otherwise set forth in the Statement of Work, if the Contractor and the State fail to agree on the amount to be paid because of the termination for convenience, the State will pay the Contractor the following amounts; provided that in no event will total payments exceed the amount payable to the Contractor if the Contract had been fully performed:
i. The Contract price for Deliverables or services accepted or retained by the State and not previously paid for;
f) The Contractor will use generally accepted accounting principles, or accounting principles otherwise agreed to in writing by the parties, and sound business practices in determining all costs claimed, agreed to, or determined under this clause.
TERMINATION FOR THE CONVENIENCE OF THE STATE a) The State may terminate performance of work under this contract for its convenience in whole or, from time to time, in part, if the Department of General Services, Deputy Director, Procurement Division, or designee, determines that a termination is in the State’s interest. The Department of General Services, Deputy Director, Procurement Division, or designee, shall terminate by delivering to the contractor a Notice of Termination specifying the extent of termination and the effective date thereof. The parties agree that, as to the terminated portion of the contract, the contract shall be deemed to remain in effect until such time as the termination settlement, if any, is concluded and the contract shall not be void.
TERMINATION FOR THE CONVENIENCE OF THE STATE. The State may terminate performance of work under this Contract for its convenience in whole or, from time to time, in part, if the Department of General Services, Deputy Director Procurement Division, or designee, determines that a termination is in the State’s interest. The Department of General Services, Deputy Director, Procurement Division, or designee, shall terminate by delivering to the Contractor a Notice of Termination specifying the extent of termination and the effective date thereof. Upon termination, the “Effect of Termination” provisions of the Service Agreement will apply.
TERMINATION FOR THE CONVENIENCE OF THE STATE. The Agencies reserve the right, in their sole discretion and at their sole option, to terminate this Contract, in whole or in part, without penalty, upon 30 days’ written notice to Xxxxxx. Such notice may be provided by facsimile or certified mail, return receipt requested, and is effective upon Xxxxxx’s receipt. Following such notice, Aquila shall, unless otherwise mutually agreed in writing, cease all services immediately.
TERMINATION FOR THE CONVENIENCE OF THE STATE. The Agencies reserve the right, in their sole discretion and at their sole option, to terminate this Contract, in whole or in part, without penalty, upon 30 days’ written notice to Contractor. Such notice may be provided by facsimile or certified mail, return receipt requested, and is effective upon Contractor’s receipt. Following such notice, Contractor shall, unless otherwise mutually agreed in writing, cease all services immediately.
TERMINATION FOR THE CONVENIENCE OF THE STATE a) The State may terminate performance of work under this contract for its convenience in whole or, from time to time, in part, if the Department Director or designee determines that a termination is in the State’s interest. The Department Director or designee shall terminate by delivering to the contractor a Notice of Termination specifying the extent of termination and the effective date thereof. The parties agree that, as to the terminated portion of the contract, the contract shall be deemed to remain in effect until such time as the termination settlement, if any, is concluded and the contract shall not be void.
b) After receipt of a Notice of Termination, and except as directed by the State, the contractor shall immediately proceed with the following obligations, as applicable, regardless of any delay in determining or adjusting any amounts due under this clause. The Contractor shall:
i) Stop work as specified in the Notice of Termination.
ii) Place no further subcontracts for materials, services, or facilities, except as necessary to complete the continued portion of the contract.
iii) Terminate all subcontracts to the extent they relate to the work terminated.
iv) Settle all outstanding liabilities and termination settlement proposals arising from the termination of subcontracts; the approval or ratification of which will be final for purposes of this clause.
v) As directed by the State, transfer title and deliver to the State (a) fabricated or unfabricated parts, work in process, completed work, supplies, and other material produced or acquired for the work terminated, and (b) completed or partially completed plans, drawings, information, and other property that, if the contract had been completed, would be required to be furnished to the State.
vi) Complete performance of the work not terminated.
vii) Take any action that may be necessary or as the State may direct for the protection and preservation of the property related to this contract that is in the possession of the contractor and in which the State has or may acquire an interest and to mitigate any potential damages or requests for contract adjustment or termination settlement to the maximum practical extent.
c) At the completion of the contractor’s termination efforts, the contractor may submit to the State a list, indicating quantity and quality of termination inventory not previously disposed of, and request instruction for disposition of the residual termination inventory.
d) After te...
TERMINATION FOR THE CONVENIENCE OF THE STATE. Pursuant to the terms of the CALNET 3 Contract Special Terms and Conditions, Section M, Migration-Out, the state reserves the right to extend the contract to ensure Contractor completes the migration out process.
