Common use of Termination of Agreement for Cause Clause in Contracts

Termination of Agreement for Cause. 12.1 If at any time City believes Consultant may not be adequately performing its obligations under this Agreement or may fail to complete the Work as required by this Agreement, City may request from Consultant written assurances of performance and a written plan to correct observed deficiencies in Consultant's performance if written notice of the same is provided by City. Failure to provide written assurances constitutes grounds to declare a default under this Agreement. 12.2 Consultant shall be in default of this Agreement and City may, in addition to any other legal or equitable remedies available to City, terminate Consultant's right to proceed under the Agreement, for cause, should Consultant commit a breach of this Agreement and not cure such breach within ten (10) calendar days of the date of notice from City to Consultant demanding such cure; or, if such failure is curable but not curable within such ten (10) day period, within such period of time as is reasonably necessary to accomplish such cure. (In order for Consultant to avail itself of this time period in excess of 10 calendar days, Consultant must provide City within the 10 day period a written plan acceptable to City to cure said breach, and then diligently commence and continue such cure according to the written plan.) 12.3 In the event a termination for cause is determined to have been made wrongfully or without cause, then the termination shall be treated as a termination for convenience, and Consultant shall have no greater rights than it would have had if a termination for convenience had been effected in the first instance. No other loss, cost, damage, expense or liability may be claimed, requested or recovered.

Appears in 6 contracts

Samples: Consulting Agreement, Consulting Services Agreement, Consulting Services Agreement

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Termination of Agreement for Cause. 12.1 11.1 If at any time City believes Consultant may not be adequately performing its obligations under this Agreement or may fail to complete the Work as required by this Agreement, City may request from Consultant written assurances of performance and a written plan to correct observed deficiencies in Consultant's performance if written notice of the same is provided by City. Failure to provide written assurances constitutes grounds to declare a default under this Agreement. 12.2 11.2 Consultant shall be in default of this Agreement and City may, in addition to any other legal or equitable remedies available to City, terminate Consultant's right to proceed under the Agreement, for cause, should Consultant commit a breach of this Agreement and not cure such breach within ten (10) calendar days of the date of notice from City to Consultant demanding such cure; or, if such failure is curable but not curable within such ten (10) day period, within such period of time as is reasonably necessary to accomplish such cure. (In order for Consultant to avail itself of this time period in excess of 10 calendar days, Consultant must provide City within the 10 10-day period a written plan acceptable to City to cure said breach, and then diligently commence and continue such cure according to the written plan.) 12.3 11.3 In the event a termination for cause is determined to have been made wrongfully or without cause, then the termination shall be treated as a termination for convenience, and Consultant shall have no greater rights than it would have had if a termination for convenience had been effected in the first instance. No other loss, cost, damage, expense or liability may be claimed, requested or recovered.

Appears in 4 contracts

Samples: Consulting Agreement, Consulting Services Agreement, Consulting Agreement

Termination of Agreement for Cause. 12.1 If at any time City the Client believes that the Consultant may not be adequately performing its their obligations under this Agreement or may be likely to fail to complete the Work their work/services on time as required by this Agreement, City then the Client may request from the Consultant written assurances of performance and a written plan to correct observed deficiencies in the Consultant's performance if written notice of the same is provided by Cityperformance. Failure Any failure to provide such written assurances constitutes grounds to declare a default under this Agreement. 12.2 . The Consultant shall be deemed in default of this Agreement and City the Client may, in addition to any other legal or equitable remedies available to Citythe Client, terminate the Consultant's right to proceed under the Agreement, for cause, should the Consultant commit a breach of this Agreement and not cure such breach within ten (10) calendar days of the date of notice from City to Consultant the Client demanding such cure; or, or if such failure is curable but not curable within such the ten (10) day periodperiod required, within such period of time as is reasonably necessary to accomplish such cure. (In addition, in order for the Consultant to avail itself of this time period in excess of 10 ten (10) calendar daysdays from the date of the notice, the Consultant must provide City within the 10 day period Client a written plan acceptable to City and by the Client to cure said breach, and then diligently commence and continue such cure according in accordance to the written plan.) 12.3 plan provided. In the event a termination for cause is determined to have been made wrongfully or without cause, then the termination shall be treated as a termination for convenience, and the Consultant shall have no greater rights than it would have had if a termination for convenience had been effected in the first instance. No other loss, cost, damage, expense or liability may be claimed, requested or recovered.

Appears in 3 contracts

Samples: Consulting Agreement, Consulting Agreement, Consulting Agreement

Termination of Agreement for Cause. 12.1 11.1 If at any time City believes Consultant may not be adequately performing its obligations under this Agreement or may fail to complete the Work as required by this Agreement, City may request from Consultant written assurances of performance and a written plan to correct observed deficiencies in Consultant's performance if written notice of the same is provided by City. Failure to provide written assurances constitutes grounds to declare a default under this Agreement. 12.2 11.2 Consultant shall be in default of this Agreement and City may, in addition to any other legal or equitable remedies available to City, terminate Consultant's right to proceed under the Agreement, for cause, should Consultant commit a breach of this Agreement and not cure such breach within ten (10) calendar days of the date of notice from City to Consultant demanding such cure; or, if such failure is curable but not curable within such ten (10) day period, within such period of time as is reasonably necessary to accomplish such cure. (In order for Consultant to avail itself of this time period in excess of 10 calendar days, Consultant must provide City within the 10 day period a written plan acceptable to City to cure said breach, and then diligently commence and continue such cure according to the written plan.) 12.3 11.3 In the event a termination for cause is determined to have been made wrongfully or without cause, then the termination shall be treated as a termination for convenience, and Consultant shall have no greater rights than it would have had if a termination for convenience had been effected in the first instance. No other loss, cost, damage, expense or liability may be claimed, requested or recovered.

Appears in 3 contracts

Samples: Consulting Agreement, Consulting Agreement, Consulting Services Agreement

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Termination of Agreement for Cause. 12.1 If at any time City believes Consultant Provider may not be adequately performing its obligations under this Agreement or may fail to complete the Work as required by this Agreement, City may request from Consultant Provider written assurances of performance and a written plan to correct observed deficiencies in ConsultantProvider's performance if written notice of the same is provided by City. Failure to provide written assurances constitutes grounds to declare a default under this Agreement. 12.2 Consultant Provider shall be in default of this Agreement and City may, in addition to any other legal or equitable remedies available to City, terminate ConsultantProvider's right to proceed under the Agreement, for cause, should Consultant Provider commit a breach of this Agreement and not cure such breach within ten (10) calendar days of the date of notice from City to Consultant Provider demanding such cure; or, if such failure is curable but not curable within such ten (10) day period, within such period of time as is reasonably necessary to accomplish such cure. (In order for Consultant Provider to avail itself of this time period in excess of 10 calendar days, Consultant Provider must provide City within the 10 day period a written plan acceptable to City to cure said breach, and then diligently commence and continue such cure according to the written plan.) 12.3 In the event a termination for cause is determined to have been made wrongfully or without cause, then the termination shall be treated as a termination for convenience, and Consultant Provider shall have no greater rights than it would have had if a termination for convenience had been effected in the first instance. No other loss, cost, damage, expense or liability may be claimed, requested or recovered.

Appears in 2 contracts

Samples: Professional Services, Professional Services

Termination of Agreement for Cause. 12.1 If at any time City believes Consultant Provider may not be adequately performing its obligations under this Agreement or may fail to complete the Work as required by this Agreement, City may request from Consultant Provider written assurances of performance and a written plan to correct observed deficiencies in ConsultantProvider's performance if written notice of the same is provided by City. Failure to provide written assurances constitutes grounds to declare a default under this Agreement. 12.2 Consultant Provider shall be in default of this Agreement and City may, in addition to any other legal or equitable remedies available to City, terminate ConsultantProvider's right to proceed under the Agreement, for cause, should Consultant Provider commit a breach of this Agreement and not cure such breach within ten (10) calendar days of the date of notice from City to Consultant Provider demanding such cure; or, if such failure is curable but not curable within such ten (10) day period, within such period of time as is reasonably necessary to accomplish such cure. (In order for Consultant Provider to avail itself of this time period in excess of 10 calendar days, Consultant Provider must provide City within the 10 10-day period a written plan acceptable to City to cure said breach, and then diligently commence and continue such cure according to the written plan.) 12.3 In the event a termination for cause is determined to have been made wrongfully or without cause, then the termination shall be treated as a termination for convenience, and Consultant Provider shall have no greater rights than it would have had if a termination for convenience had been effected affected in the first instance. No other loss, cost, damage, expense or liability may be claimed, requested or recovered.

Appears in 1 contract

Samples: Professional Services

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