Common use of Termination of a DBE Clause in Contracts

Termination of a DBE. In conformance with 49 CFR Section 26.53: 1. Consultant shall not terminate a listed DBE subcontractor unless Consultant has received prior written authorization from EDCTC's Project Manager. EDCTC’s Project Manager will authorize termination only if the Project Manager determines that Consultant has good cause to terminate the DBE subcontractor. As used in this Section, "good cause" includes those circumstances listed in 49 CFR Section 26.53(f)(3). 2. Prior to requesting EDCTC's authorization to terminate and/or substitute a DBE subcontractor, Consultant shall give notice in writing to the DBE subcontractor, with a copy to EDCTC, of its intent to request termination and/or substitution, and the reason for the request. The DBE subcontractor shall have five days to respond to the Consultant’s notice and state the reasons, if any, why it objects to the proposed termination of its subcontract and why EDCTC should not approve the Consultant’s action. EDCTC may, in instances of public necessity, approve a response period shorter than five days. 3. If a DBE subcontractor is terminated or fails to complete its work for any reason, Consultant shall be required to make good faith efforts to replace the original DBE subcontractor with another DBE.

Termination of a DBE. In conformance with 49 CFR Section 26.53: (1. Consultant ) Contractor shall not terminate a listed DBE subcontractor unless Consultant Contractor has received prior written authorization from EDCTCPCTPA's Project Manager. EDCTCPCTPA’s Project Manager will authorize termination only if the Project Manager determines that Consultant Contractor has good cause to terminate the DBE subcontractor. As used in this Section, "good cause" includes those circumstances listed in 49 CFR Section 26.53(f)(3). (2. ) Prior to requesting EDCTCPCTPA's authorization to terminate and/or substitute a DBE subcontractor, Consultant Contractor shall give notice in writing to the DBE subcontractor, with a copy to EDCTCPCTPA, of its intent to request termination and/or substitution, and the reason for the request. The DBE subcontractor shall have five days to respond to the ConsultantContractor’s notice and state the reasons, if any, why it objects to the proposed termination of its subcontract and why EDCTC PCTPA should not approve the ConsultantContractor’s action. EDCTC PCTPA may, in instances of public necessity, approve a response period shorter than five days. (3. ) If a DBE subcontractor is terminated or fails to complete its work for any reason, Consultant Contractor shall be required to make good faith efforts to replace the original DBE subcontractor with another DBE.

Termination of a DBE. In conformance with 49 CFR Section 26.53: (1. Consultant ) Contractor shall not terminate a listed DBE subcontractor unless Consultant Contractor has received prior written authorization from EDCTC's SACOG’s Project Manager. EDCTCSACOG’s Project Manager will authorize termination only if the Project Manager determines that Consultant Contractor has good cause to terminate the DBE subcontractor. As used in this Section, "“good cause" ” includes those circumstances listed in 49 CFR Section 26.53(f)(3). (2. ) Prior to requesting EDCTC's SACOG’s authorization to terminate and/or substitute a DBE subcontractor, Consultant Contractor shall give notice in writing to the DBE subcontractor, with a copy to EDCTCSACOG, of its intent to request termination and/or substitution, and the reason for the request. The DBE subcontractor shall have five days to respond to the ConsultantContractor’s notice and state the reasons, if any, why it objects to the proposed termination of its subcontract and why EDCTC SACOG should not approve the ConsultantContractor’s action. EDCTC SACOG may, in instances of public necessity, approve a response period shorter than five days. (3. ) If a DBE subcontractor is terminated or fails to complete its work for any reason, Consultant Contractor shall be required to make good faith efforts to replace the original DBE subcontractor with another DBE.

Termination of a DBE. In conformance with 49 CFR Section 26.53: (1. Consultant ) Contractor shall not terminate a listed DBE subcontractor unless Consultant Contractor has received prior written authorization from EDCTC's SACOG’s Project Manager. EDCTCSACOG’s Project Manager will authorize termination only if the Project Manager determines that Consultant Contractor has good cause to terminate the DBE subcontractor. As used in this Section, "“good cause" ” includes those circumstances listed in 49 CFR Section 26.53(f)(3). (2. ) Prior to requesting EDCTC's SACOG’s authorization to terminate and/or substitute a DBE subcontractor, Consultant Contractor shall give notice in writing to the DBE subcontractor, with a copy to EDCTCSACOG, of its intent to request termination and/or substitution, and the reason for the request. The DBE subcontractor shall have five days to respond to the ConsultantContractor’s notice and state the reasons, if any, why it objects to the proposed termination of its subcontract and why EDCTC SACOG should not approve the ConsultantContractor’s action. EDCTC SACOG may, in instances of public necessity, approve a response period shorter than five days. (3. ) If a DBE subcontractor is terminated or fails to complete its work for any reason, Consultant Contractor shall be required to make good faith efforts to replace the original DBE subcontractor with another DBE.. SAMPLE