Common use of Termination of Agreement by City Clause in Contracts

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 compensation, City will promptly pay such amount to Contractor upon delivery by Contractor of the releases of liens and affidavit, pursuant to Section 7.C.

Termination of Agreement by City. A. Should Contractor Supplier 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, the City may terminate ContractorSupplier’s right to proceed with the delivery of the Goods by written notice to ContractorSupplier. In such event the 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 ContractorSupplier. In such case Contractor Supplier 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 Supplier will be liable for and will pay the difference to City. B. City may, for its own convenience, terminate ContractorSupplier’s right to proceed with the delivery of any portion or all of the Goods by written notice to ContractorSupplier. Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which the City may have against ContractorSupplier, and will not affect the obligations and duties of Contractor Supplier under the Agreement with respect to portions of the Goods not terminated. C. On receipt of notice under Section 16.BB, Contractor Supplier 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 the 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 the 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.BB, Contractor Supplier 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 the City will be entitled to such material and services. Upon determination of the amount of said pro rata compensation, City will promptly pay such amount to Contractor Supplier upon delivery by Contractor Supplier of the releases of liens and affidavit, pursuant to Section 7.C.C.

Termination of Agreement by City. A. Should Contractor Supplier 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 ContractorSupplier’s right to proceed with the delivery of the Goods by written notice to ContractorSupplier. 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 ContractorSupplier. In such case Contractor Supplier 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 Supplier will be liable for and will pay the difference to City. B. City may, for its own convenience, terminate ContractorSupplier’s right to proceed with the delivery of any portion or all of the Goods by written notice to ContractorSupplier. Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which City may have against ContractorSupplier, and will not affect the obligations and duties of Contractor Supplier under the Agreement with respect to portions of the Goods not terminated.terminated.‌ C. On receipt of notice under Section 16.B, Contractor Supplier 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 Supplier 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 compensation, City will promptly pay such amount to Contractor Supplier upon delivery by Contractor Supplier of the releases of liens and affidavit, pursuant to Section 7.C.

Termination of Agreement by City. A. Should Contractor Supplier 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, the City may terminate ContractorSupplier’s right to proceed with the delivery of the Goods by written notice to ContractorSupplier. In such event the 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 tools, and appliances and exercise all rights, options and privileges of ContractorSupplier. In such case Contractor Supplier 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 Supplier will be liable for and will pay the difference to City. B. City may, for its own convenience, terminate ContractorSupplier’s right to proceed with the delivery of any portion or all of the Goods by written notice to ContractorSupplier. Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which the City may have against ContractorSupplier, and will not affect the obligations and duties of Contractor Supplier under the Agreement with respect to portions of the Goods not terminated. C. On receipt of notice under Section 16.B, Contractor Supplier 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 the 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 the 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 Supplier 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 the City will be entitled to such material and services. Upon determination of the amount of said pro rata compensation, City will promptly pay such amount to Contractor Supplier upon delivery by Contractor Supplier of the releases of liens and affidavit, pursuant to Section 7.C.

Termination of Agreement by City. A. Should Contractor at any time refuse or fail to deliver the Goods Equipment 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 Equipment by written notice to Contractor. In such event City may obtain the Goods Equipment 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 Equipment is delivered. If City’s cost of obtaining the GoodsEquipment, 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 Equipment 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 Equipment not terminated. C. On receipt of notice under Section 16.B, Contractor will, with respect to the portion of the Goods Equipment terminated, unless the notice states otherwise, 1. Immediately discontinue such portion of the Goods Equipment and the placing of orders for materials, facilities, and supplies in connection with the GoodsEquipment, 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 Equipment which City deems necessary to preserve and protect those portions of the Goods Equipment already in progress and to protect material, plant and equipment at the Goods Equipment site or in transit to the Goods Equipment 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 Equipment 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 compensation, City will promptly pay such amount to Contractor upon delivery by Contractor of the releases of liens and affidavit, pursuant to Section 7.C.

Termination of Agreement by City. A. Should Contractor at any time refuse or fail to deliver the Goods Equipment 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 Equipment by written notice to Contractor. In such event City may obtain the Goods Equipment 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 Equipment is delivered. If City’s cost of obtaining the GoodsEquipment, 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 Equipment 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 Equipment not terminated. C. On receipt of notice under Section 16.B, Contractor will, with respect to the portion of the Goods Equipment terminated, unless the notice states otherwise, 1. Immediately discontinue such portion of the Goods Equipment and the placing of orders for materials, facilities, and supplies in connection with the GoodsEquipment, 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 Equipment which City deems necessary to preserve and protect those portions of the Goods Equipment already in progress and to protect material, plant and equipment at the Goods Equipment site or in transit to the Goods Equipment site. D. Upon termination pursuant to Section 16.B16(B) and in the event manufacturing of the Equipment or portion of the Equipment has already commenced, Contractor shall be compensated for actual manufacturing costs less any resale value incurred prior to termination. Completed Equipment manufactured specifically for this Agreement and that Contractor cannot sell to other consumers are non-cancelable obligations for which 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 compensated provided termination is not canceled, it being understood that City will be entitled to such material and services. Upon determination of the amount of said pro rata compensation, City will promptly pay such amount to Contractor upon delivery by Contractor of the releases of liens and affidavit, pursuant to Section 7.C.based on Contractor’s default.