Termination of Agreement by City. A. Should Contractor at any time refuse or fail to deliver the Goods with promptness and diligence, or to perform any of its other obligations under the Agreement, City may terminate Contractor’s right to proceed with the delivery of the Goods by written notice to Contractor. In such event City may obtain the Goods by whatever method it may deem expedient, including the hiring of another contractor or other contractors and, for that purpose, may take possession of all materials, machinery, equipment, tools and appliances and exercise all rights, options and privileges of Contractor. In such case Contractor will not be entitled to receive any further payments until the Goods is delivered. If City’s cost of obtaining the Goods, including compensation for additional managerial and administrative services, will exceed the unpaid balance of the Agreement, Contractor will be liable for and will pay the difference to City.
B. City may, for its own convenience, terminate Contractor’s right to proceed with the delivery of any portion or all of the Goods by written notice to Contractor. Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which City may have against Contractor, and will not affect the obligations and duties of Contractor under the Agreement with respect to portions of the Goods not terminated.
C. On receipt of notice under Section 16.B, Contractor will, with respect to the portion of the Goods terminated, unless the notice states otherwise,
1. Immediately discontinue such portion of the Goods and the placing of orders for materials, facilities, and supplies in connection with the Goods,
2. Unless otherwise directed by City, make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to City; and
3. Deliver only such portions of the Goods which City deems necessary to preserve and protect those portions of the Goods already in progress and to protect material, plant and equipment at the Goods site or in transit to the Goods site.
D. Upon termination pursuant to Section 16.B, Contractor will be paid a pro rata portion of the compensation in the Agreement for any portion of the terminated Goods already delivered, including material and services for which it has made firm contracts which are not canceled, it being understood that City will be entitled to such material and services. Upon determination of the amount of said pro rata compensat...
Termination of Agreement by City. The City may terminate this Agreement without liability for further payment of amounts due or to become due under this Agreement after the effective date of termination.
Termination of Agreement by City. The City may terminate this Agreement without liability for further payment of amounts due or to become due under this Agreement.
Termination of Agreement by City a. Pursuant to the Millbrae Municipal Code, the City may terminate this Agreement at any time.
b. Except as required by State or Federal law, no further payment to Employee shall be required pursuant to this Agreement if the City terminates this Agreement at any time for the following reasons:
i. If Employee dies.
ii. If Employee is convicted of a felony or misdemeanor involving moral turpitude or personal gain to herself from public employment.
iii. If the City Council determines that Employee has violated City policy regarding sexual harassment or drug or alcohol usage, or has violated State or Federal law with regard to civil rights, and the City Council determines that termination from City employment is the appropriate sanction.
iv. If the City Council determines that Employee has stolen public monies.
c. In the event that the City terminates this Agreement for a reason not stated in paragraph (b) above and Employee is still willing and able to perform his duties, City shall pay Employee an amount equal to his then current monthly compensation times the number of months Employee has served under this Agreement not to exceed a total of eight (8) months, in addition to the payment of the accrued benefits as provided herein for that period.
Termination of Agreement by City. 11.4.1. In the event that (a) the City finds and determines pursuant to Section 10.1, on the basis of substantial evidence, that Developer has not been in good faith compliance with the terms and conditions of this Agreement, or (b) the City finds and determines that there has been a non-monetary Default by Developer of its obligations under this Agreement which has not been cured during the application notice cure periods under Sections 11.1.1 and 11.1.2, the City may commence proceedings to terminate or modify this Agreement pursuant to this Section 11.4.
11.4.2. The procedures for termination or modification of this Agreement by the City for the grounds set forth in Section 11.4.1 are as follows:
(a) The City shall provide a written notice to Developer (and to any Mortgagee of Developer which has delivered a Request for Notice to the City in accordance of Section 12.1.3(a)) of its intention to terminate or modify this Agreement unless Developer (or the Mortgagee) cures or corrects the acts or omissions that constitute the basis of such determinations by the City (“Hearing Notice”). The Hearing Notice shall be delivered by the City to Developer in accordance with Section 15.1 and shall contain the time and place of a public hearing to be held by the City Council on the determination of the City to proceed with termination or modification of this Agreement. The public hearing shall not be held earlier than:
(i) thirty-one (31) days after delivery of the Hearing Notice to Developer, or (ii) if a Mortgagee has delivered a Request for Notice in accordance with Section 12.1.3(a), the day following the expiration of the Mortgagee Cure Period.
Termination of Agreement by City. (a) The City may terminate this Agreement for convenience at any time for one or more of the reasons as follows:
(1). If, in the City’s opinion, adequate progress is not being made by the Contractor; or
(2). If, in the City’s opinion, the quality of the services provided by the Contractor is/are not in conformance with commonly accepted professional standards, standards of the City, the requirements of Federal or State regulatory agencies, and the Contractor has not corrected such deficiencies in a timely manner as reasonably determined by the City; or
(3). The Contractor or any employee or agent of the Contractor is indicted or has a direct charge issued against him for any crime arising out of or in conjunction with any work that has been performed by the Contractor; or
(4). The Contractor becomes involved in either voluntary or involuntary bankruptcy proceedings, or makes an assignment for the benefit of creditors; or
(5). The Contractor violates the Standards of Conduct provisions herein or any provision of State or local law or any provision of the City Code of Conduct.
(b) In the event of any of the causes described in this Section, the City’s Designated Representative may send a certified letter requesting that the Contractor show cause why this Agreement should not be terminated. If assurance satisfactory to the City of corrective measures to be made within a reasonable time is not given to the City within fourteen calendar days of the receipt of the letter, the City may consider the Contractor to be in default, and may immediately terminate this Agreement.
(c) In the event that this Agreement is terminated for cause and it is later determined that the cause does not exist, then this Agreement shall be deemed terminated for convenience by the City and the City shall have the right to so terminate this Agreement without any recourse by the Contractor.
Termination of Agreement by City. 11.4.1. In the event that (a) the City finds and determines pursuant to Section 10.1, on the basis of substantial evidence, that Developer has not been in good faith compliance with the terms and conditions of this Agreement, or (b) the City finds and determines that there has been a non-monetary Default by Developer of its obligations under this Agreement which has not been cured during the application notice cure periods under Sections 11.1.1 and
Termination of Agreement by City. The City of Burbank may cancel this contract in its entirety for non-performance at any time, provided the City has made a reasonable effort to allow BMC the opportunity to cure the problem(s). If the problem(s) is not cured within a reasonable time period, the City may give thirty (30) days written notice of cancellation to BMC. “Reasonable effort” is defined as multiple attempts to notify the contractor without the problem being resolved in a timely fashion, causing City Operations to be impacted. “Reasonable time” is defined as a repeated pattern of neglect, where the equipment remains partially or fully non-operational for a period of one or more weeks at a time. BMC agrees to remove all equipment from the City at no additional charge. “Timely manner” is defined as one or two business days.
Termination of Agreement by City a. Should Artist at any time refuse or fail to deliver the Art Work with promptness and diligence, or to perform any of its other obligations under the Agreement, City may terminate Artist's right to proceed with the delivery of the Art Work by written notice to Artist. In such event City may obtain the Art Work by whatever method it may deem expedient, including the hiring of another artist and, for that purpose, may take possession of all materials, machinery, equipment, tools and appliances and exercise all rights, options and privileges of Artist. In such case Artist will not be entitled to receive any further payments until the Art Work is delivered and installed. If City's cost of obtaining the Art Work, including compensation for additional managerial and administrative services, will exceed the unpaid balance of the Agreement, Artist will be liable for and will pay the difference to City. DRAFT
b. City may, for its own convenience, terminate Artist's right to proceed with the Work by written notice to Artist. Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which City may have against Artist, and will not affect the obligations and duties of Artist under the Agreement. Upon termination, Artist shall be compensated only for that Work which has been adequately rendered to City, and Artist shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
c. If this Agreement is terminated as provided herein, City may require Artist to provide all finished or unfinished documents and data and other information of any kind prepared by Artist in connection with the performance of he Work under this Agreement. Artist shall be required to provide such document and other information within fifteen (15) days of the request.
