Common use of Termination of Agreement for Cause Clause in Contracts

Termination of Agreement for Cause. 9.1.1 If, through any cause, the Professional shall fail to fulfill in a timely and proper manner obligations under this Agreement, the Owner shall thereupon have the right to terminate this Agreement at any Phase by giving seven (7) days written notice to the Professional of such termination and specifying the effective date of termination. At the option of the Owner, all finished or unfinished Drawings and Specifications prepared by the Professional shall be the property of the Owner, and the Professional shall not be entitled to any compensation beyond the last approved design phase as listed in Subparagraph 2.1.1. Should termination occur prior to approval of any design phase, the initial nominal consideration of one dollar ($1.00) shall not be due or payable to the Professional. 9.1.2 Notwithstanding the above, the Professional shall not be relieved of liability to the Owner for damages sustained by the Owner by virtue of any breach of this Agreement by the Professional, and the Owner may withhold any payments to the Professional for the purpose of setoff until such time as the exact amount of damages due the Owner from the Professional is determined.

Appears in 21 contracts

Samples: Professional Services, Professional Services, Professional Services

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Termination of Agreement for Cause. 9.1.1 7.1.1 If, through any cause, the Professional shall fail to fulfill in a timely and proper manner obligations under this Agreement, the Owner shall thereupon have the right to terminate this Agreement at any Phase by giving seven (7) days written notice to the Professional of such termination and specifying the effective date of termination. At the option of the Owner, all finished or unfinished Drawings and Specifications prepared by the Professional shall be the property of the Owner, and the Professional shall not be entitled to any compensation beyond the last approved design phase as listed in Subparagraph 2.1.1. Should termination occur prior to approval of any design phase, the initial nominal consideration of one dollar ($1.00) shall not be due or payable to the Professional. 9.1.2 7.1.2 Notwithstanding the above, the Professional shall not be relieved of liability to the Owner for damages sustained by the Owner by virtue of any breach of this Agreement by the Professional, and the Owner may withhold any payments to the Professional for the purpose of setoff until such time as the exact amount of damages due the Owner from the Professional is determined.

Appears in 7 contracts

Samples: Professional Services, Professional Services, Professional Services

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