Termination of Contract. A. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest of the State. Any such termination shall be effected by delivery to the Construction Administrator of a written notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction Administrator's address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction Administrator’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction Administrator’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator in performing its duties under this contract, whether completed or in progress. All such documents, information, and materials shall become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator as to failure to receive notice of such termination. B. If the termination is for the convenience of the State, the Construction Administrator shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation. C. If the termination is for reason of failure of the Construction Administrator to fulfill its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator shall be liable to the State for any additional costs occasioned to the State thereby. D. If after notice of termination for failure of the Construction Administrator to fulfill its contract obligations it is determined that the Construction Administrator had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator shall be entitled to reasonable compensation as provided in Section B of this article. E. The rights and remedies of the parties provided in this article are in addition to any other rights and remedies provided by law or under this contract.
Appears in 11 contracts
Samples: On Call Construction Administration Contract, On Call Construction Administration Contract, On Call Construction Administration Contract
Termination of Contract. A. 1. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest of the State. Any such termination shall be effected by delivery to the Construction Administrator Architect of a written notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction AdministratorArchitect's address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction AdministratorArchitect’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction AdministratorArchitect’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator Architect shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator Architect in performing her/his/its duties under this contract, whether completed or in progress. All such documents, information, and materials shall become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator Architect as to failure to receive notice of such termination.
B. 2. If the termination is for the convenience of the State, the Construction Administrator Architect shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.
C. 3. If the termination is for reason of failure of the Construction Administrator Architect to fulfill her/his/its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator Architect shall be liable to the State for any additional costs occasioned to the State thereby.
D. 4. If after notice of termination for failure of the Construction Administrator Architect to fulfill her/his/its contract obligations it is determined that the Construction Administrator Architect had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator Architect shall be entitled to reasonable compensation as provided in Section B Paragraph 2 of this articlesection.
E. 5. The rights and remedies of the parties provided in this article section are in addition to any other rights and remedies provided by law or under this contract.
Appears in 7 contracts
Samples: Architect's Contract for on Call Services, Architect's Contract for on Call Services, Architect's Contract for on Call Services
Termination of Contract. A. 1. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest of the State. Any such termination shall be effected by delivery to the Construction Administrator Consultant of a written notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction AdministratorConsultant's address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction AdministratorConsultant’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction AdministratorConsultant’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator Consultant shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator Consultant in performing her/his/its duties under this contract, whether completed or in progress. All such documents, information, and materials shall become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator Consultant as to failure to receive notice of such termination.
B. 2. If the termination is for the convenience of the State, the Construction Administrator Consultant shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.
C. 3. If the termination is for reason of failure of the Construction Administrator Consultant to fulfill her/his/its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator Consultant shall be liable to the State for any additional costs occasioned to the State thereby.
D. 4. If after notice of termination for failure of the Construction Administrator Consultant to fulfill her/his/its contract obligations it is determined that the Construction Administrator Consultant had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator Consultant shall be entitled to reasonable compensation as provided in Section B Paragraph 2 of this articlesection.
E. 5. The rights and remedies of the parties provided in this article section are in addition to any other rights and remedies provided by law or under this contract.
Appears in 5 contracts
Samples: Consultant's Contract, Consultant's Contract, Consultant's Contract
Termination of Contract. A. Notwithstanding 1. The Town has the right to terminate this Contract for cause or convenience or to terminate any provisions portion of the Services which have not been performed by the Consultant.
2. In the event the Town terminates this Contract or language in this contract to any part of the contraryServices as herein provided, the Commissioner may terminate Town shall notify the contract whenever he/she determines Consultant in his/her sole discretion that such termination is in the best interest of the State. Any such termination shall be effected by delivery to the Construction Administrator of a written notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction Administrator's address as furnished to the State for purposes of receiving notices under this contractwriting, by email to the Construction Administrator’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction Administrator’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon and immediately upon receipt of such notice, the Construction Administrator Consultant shall both immediately discontinue all services affected (unless Services, or the notice directs otherwise) and specific Services being terminated, as applicable, under this Contract.
3. Upon such termination, the Consultant shall immediately deliver to the State Town any and all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated documents or work product generated by the Construction Administrator in performing its duties Consultant under this contractthe Contract (collectively, whether completed or in progressthe "Work Product"), together with all unused material supplied by the Town, applicable to the Services being terminated. All Consultant shall be responsible only for such documents, information, and materials shall become the property portion of the Statework as has been completed and accepted by the Town. Use of incomplete data by the Town shall be the Town's sole responsibility.
4. Upon receipt of notice of termination, Consultant shall apprise the Town of the Services it has completed but has not yet been paid for and shall submit the Services and appraisal to the Contract Administrator for evaluation.
5. The mailing, email, fax, or hand delivery of such notice Consultant shall preclude any claim on receive as compensation in full for Services performed and approved by the part of Contract Administrator to the Construction Administrator as to failure to receive notice date of such termination.
B. If the termination is , a fee for the convenience percentage of Services actually completed and accepted by the StateTown. This fee shall be in an amount to be mutually agreed-upon by the Consultant and the Town, based upon the Scope of Work set forth in Exhibit B and the payment schedule set forth in Article 2 of this Contract. If mutual agreement between the Parties cannot be reached after reasonable negotiation, the Construction Contract Administrator shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the percentage of satisfactory completion of each task set forth in the Scope of Work and the amount of compensation Consultant is entitled to for such compensation.
C. If work, and the termination is for reason Contract Administrator's determination in this regard shall be final. The Town shall make such final payment within 60 days after the latest of: (i) Consultant's completion or delivery to the Town of failure any portion of the Construction Administrator to fulfill its contract obligations, the State may take over the work and prosecute the same to completion by contract Services not terminated; or otherwise. In such event, the Construction Administrator shall be liable (ii) Consultant's delivery to the State for Town of all Work Product and any additional costs occasioned to unused material supplied by the State therebyTown, in accordance with Paragraph 3 of Article 4.
D. If after notice of termination for failure of the Construction Administrator to fulfill its contract obligations it is determined that the Construction Administrator had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator shall be entitled to reasonable compensation as provided in Section B of this article.
E. The rights and remedies of the parties provided in this article are in addition to any other rights and remedies provided by law or under this contract.
Appears in 4 contracts
Samples: Professional Services, Professional Services, Professional Services
Termination of Contract. A. Notwithstanding The Contractor shall procure that: after notice (for whatever reason) is given, in accordance with the other provisions of this Contract, to terminate the Contract or any provisions part of the Services; or language after the date which is two (2) years prior to the Expiry Date, no change is made to pension, retirement and death benefits provided for or in respect of any person who will become a Subsequent Transferring Employee and no category of earnings which were not previously pensionable are made pensionable and the contributions (if any) payable by such employees are not reduced without (in any case) the prior approval of the Authority (such approval not to be unreasonably withheld). Save that this contract paragraph shall not apply to any change made as a consequence of participation in an admission agreement to participate in the Scheme. The Contractor shall: maintain such documents and information as will be reasonably required to manage the pension aspects of any onward transfer of any person engaged or employed by the Contractor in the provision of the Services on the expiry or termination of this Contract; promptly provide to the Authority such documents and information relating to the pension benefits and entitlements of any person engaged or employed by the Contractor in the provision of the Services on the expiry or termination of this Contract which the Authority may reasonably request at any time; promptly and fully co-operate with the reasonable requests of the Authority relating to any administrative tasks necessary to deal with the pension aspects of any onward transfer of any person engaged or employed by the Contractor in the provision of the Services. Any such requests made by the Authority shall be made in writing and can be made at any time during the Contract. Where there is no agreement to the contrary, the Commissioner may terminate Contractor shall provide the contract whenever he/she determines in his/her sole discretion information within twenty eight (28) days of the request; and ensure that such termination is all pension, private health insurance and life assurance contributions and premiums due to be paid on behalf of any person engaged or employed by the Contractor in the best interest provision of the State. Any such termination shall Services who is to be effected by delivery subject to an onward transfer on the Construction Administrator of a written notice of terminationSubsequent Relevant Transfer Date have been paid in full at that date. The notice Contractor shall procure that any Employing Sub-Contractor complies with and discharges the obligations imposed on the Contractor in this Schedule as if those obligations applied directly to that Employing Sub-Contractor. The Contractor shall procure that the trustees of termination shall be sent by registered any pension arrangement in which any Subsequent Transferring Employees have accrued benefits as a consequence of being engaged or certified mail to the Construction Administrator's address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction Administrator’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction Administrator’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated employed by the Construction Administrator Contractor in performing its duties under this contract, whether completed or in progress. All such documents, information, and materials shall become the property provision of the State. The mailing, email, fax, or hand delivery Services will provide all assistance which the Authority may reasonably require to deal with the pension aspects of such notice shall preclude any claim on the part onward transfer of the Construction Administrator as to failure to receive notice of such terminationany Subsequent Transferring Employees.
B. If the termination is for the convenience of the State, the Construction Administrator shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.
C. If the termination is for reason of failure of the Construction Administrator to fulfill its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator shall be liable to the State for any additional costs occasioned to the State thereby.
D. If after notice of termination for failure of the Construction Administrator to fulfill its contract obligations it is determined that the Construction Administrator had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator shall be entitled to reasonable compensation as provided in Section B of this article.
E. The rights and remedies of the parties provided in this article are in addition to any other rights and remedies provided by law or under this contract.
Appears in 4 contracts
Samples: Contract for the Provision of Education Services, Contract for the Provision of Education Services, Contract for the Provision of Education Services
Termination of Contract. A. 1. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest of the State. Any such termination shall be effected by delivery to the Construction Administrator Engineer of a written notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction AdministratorEngineer's address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction AdministratorEngineer’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction AdministratorEngineer’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator Engineer shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator Engineer in performing her/his/its duties under this contract, whether completed or in progress. All such documents, information, and materials shall become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator Engineer as to failure to receive notice of such termination.
B. 2. If the termination is for the convenience of the State, the Construction Administrator Engineer shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.
C. 3. If the termination is for reason of failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator Engineer shall be liable to the State for any additional costs occasioned to the State thereby.
D. 4. If after notice of termination for failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations it is determined that the Construction Administrator Engineer had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator Engineer shall be entitled to reasonable compensation as provided in Section B Paragraph 2 of this articlesection.
E. 5. The rights and remedies of the parties provided in this article section are in addition to any other rights and remedies provided by law or under this contract.
Appears in 4 contracts
Samples: Engineer’s Contract for on Call Services, Engineer's Contract for on Call Services, Engineer's Contract for on Call Services
Termination of Contract. A. Notwithstanding (i) If through any provisions cause either party shall fail to fulfill in a timely and proper manner its obligations under this Contract, or language in if either party shall violate any of the covenants, Contracts or stipulations of this contract Contract, the other party shall thereupon have the right to terminate this Contract if such default or violation is not corrected within fifteen (15) days after submitting written notice to the contraryother party. Documents, the Commissioner may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest of the State. Any such termination shall be effected by delivery to the Construction Administrator of a written notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction Administrator's address as furnished to the State for purposes of receiving notices under this contractdata, by email to the Construction Administrator’s email address as furnished to the State for the purpose of noticesstudies, by facsimile transmission telecopy (fax) to the Construction Administrator’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all datasurveys, drawings, specificationsmaps, reportsmodels, estimatesphotographs, summariesfilms, duplicating plates, and such other information and materials as may have been accumulated reports prepared by the Construction Administrator in performing its duties Consultant under this contract, whether completed or in progresstheir Contract shall then immediately be turned over to the City. All such documents, information, and materials shall become In the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator as to failure to receive notice event of such termination.
B. If the termination is for the convenience of the State, the Construction Administrator The Consultant shall be entitled to receive reasonable compensation just and equitable compensation, not to exceed the agreed amount for services already satisfactorily provided before termination, for any satisfactory work completed on such documents and other materials prior to receipt of Notice of Termination including reimbursable expenses then incurred less any damages sustained by City incident to the Consultant’s breach.
(ii) In event of termination, all finished or unfinished design development and construction documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Consultant shall be immediately surrendered to City.
(iii) In the event of termination, City shall pay to the Consultant, as full payment for all services performed and acceptedall expenses incurred under this Contract, which shall have become payable because of the progress in the work. In ascertaining the services actually rendered hereunder up to the date of termination of this Contract, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents, whether delivered to City or in the possession of City and to authorized reimbursable expenses.
(iv) If, upon payment of the amount required to be paid under this paragraph herein following the termination of this Contract, City thereafter should determine to complete the original project or substantially the same project, City for such purposes shall have the right of utilization of any original tracings, drawings, calculations, specifications, estimates, and other construction documents prepared under this Contract by the Consultant without liability to the Consultant or its subconsultants. At the Consultant’s request, City agrees to credit the Consultant which such authorship as may be due him or her, but no amount shall be allowed for anticipated profit on unperformed servicesis not required to renew the Contract. The Commissioner shall determine the amount of such compensation.
C. If the termination is for reason of failure City will not reuse any of the Construction Administrator to fulfill its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator shall be liable to the State for any additional costs occasioned to the State thereby.
D. If after notice of termination for failure construction documents without prior written approval of the Construction Administrator to fulfill its contract obligations it is determined that the Construction Administrator had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator shall be entitled to reasonable compensation as provided in Section B of this articleConsultant.
E. The rights and remedies of the parties provided in this article are in addition to any other rights and remedies provided by law or under this contract.
Appears in 3 contracts
Samples: Professional Services, Professional Services, Professional Services
Termination of Contract. A. Notwithstanding any provisions or language in If the work provided for under this contract shall be abandoned or if the contract shall be sublet or sub-sublet or assigned without the consent of the District or if at any time District Engineer shall be of the opinion that the conditions specified as to the contraryrate of progress are not being fulfilled, or that the work or any part thereof is unnecessarily delayed, or that Contractor is willfully violating any of the conditions or provisions of this contract or is executing the same in bad faith, or if Contractor is adjudged bankrupt, or if Contractor should make a general assignment for the benefit of Contractor’s creditors, or if a receiver is appointed on account of Contractor’s insolvency, the Commissioner may terminate District shall notify in writing Contractor to fulfill the contract whenever he/she determines conditions of this contract, and should Contractor fail to begin compliance with said notice within five (5) days, the District may, at the District's discretion, notify in his/her sole discretion that such termination is in the best interest of the State. Any such termination shall be effected by delivery writing Contractor to the Construction Administrator of a written notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction Administrator's address as furnished to the State for purposes of receiving notices discontinue all work under this contract, or any part thereof, and thereupon Contractor shall discontinue work, and the District may, by email contract or otherwise, at the District's discretion, complete the work or such part thereof, and may take possession of the work and use therein such materials, machinery, implements and tools of every description as shall be found upon the work or provide whatever is needed for the completion of the work and charge the expense thereof to Contractor. In order to meet the Construction Administrator’s email address as furnished expense so incurred, the District is hereby authorized by Contractor to draw a warrant in the State name of Contractor and in favor of those persons, firms, or corporations doing the work or providing the materials or labor therefor, against the fund or appropriation set aside for the purpose of noticesthis contract, and when a warrant is so drawn it shall be conclusive upon Contractor, and shall be to all intents and purposes the same as drawn by facsimile transmission telecopy (fax) to Contractor in person. When any of the Construction Administrator’s fax number as furnished to said demands have been audited and paid, the State amount of the same shall be deducted from the fund or appropriation set aside for the purpose purposes of noticesthis contract being so terminated. The Contractor shall immediately, upon due notice in writing from District Engineer, remove from the premises all materials and personal property belonging to Contractor which have not already been used in the construction of the work, or by hand delivery. Upon receipt of such notice, which are not in place in the Construction Administrator work and Contractor shall both immediately discontinue forfeit all services affected (unless the notice directs otherwise) and deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator in performing its duties sums due Contractor under this contract, whether completed or in progressand both Contractor and its sureties shall be liable on Contractor’s bond for all damages caused the District by reason of Contractor’s failure to complete this contract. All such documentsNeither the extension of time, informationfor any reason, beyond the date fixed for the completion of this work, nor the doing and materials shall become the property acceptance of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator as to failure to receive notice work called for by the terms of such termination.
B. If the termination is for the convenience of the Statethis contract, the Construction Administrator shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.
C. If the termination is for reason of failure of the Construction Administrator to fulfill its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator shall be liable subsequent to the State for any additional costs occasioned to the State thereby.
D. If after notice of termination for failure of the Construction Administrator to fulfill its contract obligations it is determined that the Construction Administrator had not so failedsaid date, the termination shall be deemed to have been effected for be a waiver by the convenience District of the State. In such eventright to abrogate, the Construction Administrator shall be entitled to reasonable compensation annul, or terminate this contract for abandonment or cause as provided in Section B of this articleabove.
E. The rights and remedies of the parties provided in this article are in addition to any other rights and remedies provided by law or under this contract.
Appears in 1 contract
Samples: Contract
Termination of Contract. A. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner or his/her designee, duly authorized, may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest of the State. Any such termination shall be effected affected by delivery to the Construction Administrator Contractor of a written notice of termination. , which notice shall specify the effective date of termination and the extent to which the Contractor must complete its Performance under the contract prior to such date.
B. The notice of termination shall be sent by registered or certified mail mail, return receipt requested, to the Construction AdministratorContractor's address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction AdministratorContractor’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction Administrator’s fax number as furnished to the State for the purpose of notices, or by hand delivery. The mailing, email or hand delivery of such notice shall preclude any claim on the part of the Contractor as to failure to receive notice of such termination.
C. Upon receipt of such noticenotice of termination, the Construction Administrator Contractor shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all Records, including but not limited to: data, drawings, specifications, reports, estimates, summaries, including Records in electronic, magnetic or in other intangible form, and such other information and materials as may have been accumulated by the Construction Administrator Contractor in performing its duties under this contract, whether completed or in progress. All such documents, information, information and materials shall become the property of the State. The mailingContractor shall deliver the Records to the State no later than thirty (30) days after the termination of the contract or fifteen (15) days after the Contractor receives a written request from the State for the Records.
D. Upon receipt of a written notice of Termination from the State, emailthe Contractor shall cease operations as the State directs in the notice, faxand take all actions that are necessary or appropriate, or hand delivery of such notice shall preclude any claim on that the part State may reasonably direct, for the protection, and preservation of the Construction Administrator work product. Except for any work which the State directs the Contractor to perform in the notice prior to the effective date of Termination, and except as otherwise provided in the notice, the Contractor shall terminate or conclude all existing subcontracts and purchase orders and shall not enter into any further subcontracts, purchase orders or commitments. Upon request by the State, the Contractor shall assign to failure the State, or any replacement contractor which the State designates, all subcontracts, purchase orders and other commitments, deliver to receive notice the State all Records and other information pertaining to its Performance, and remove from State premises, whether leased or owned, all of such terminationthe Contractor’s property, equipment, waste material and rubbish related to its Performance, all as the State may request.
B. E. If the termination is for the convenience of the State, the Construction Administrator Contractor shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner or designee shall determine the amount of such compensation.
C. F. If the termination is for reason of failure of the Construction Administrator Contractor to fulfill its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator Contractor shall be liable to the State for any additional costs occasioned to the State thereby.. DocuSign Envelope ID: 70FDD066-DA40-40E6-81B9-BA15AEAC4215
D. G. If after notice of termination for failure of the Construction Administrator Contractor to fulfill its contract obligations it is determined that the Construction Administrator Contractor had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator Contractor shall be entitled to reasonable compensation as provided in Section B of this article.
E. H. If the Contractor is a sole proprietor and the Contractor should die during the term of this contract, this contract shall be considered terminated. In the event of such termination, the Contractor's estate shall be entitled to a reasonable payment for any uncompensated work performed to the date of death, and the State shall have title to, and shall have the right to immediate use and possession of, all finished and unfinished Records as indicated in Section B of this article prepared under this contract. The Commissioner or designee shall determine the amount of such payment.
I. Upon Termination of the Contract, all rights and remedies obligations except as specified in this article shall be null and void, so that no party shall have any further rights or obligations to any other party, except with respect to the sections which survive Termination. All representations, warranties, agreements and rights of the parties provided under the Contract shall survive such Termination to the extent not otherwise limited in the Contract and without each one of them having to be specifically mentioned in the Contract.
J. Termination of the Contract pursuant to this article are in addition section shall not be deemed to any other rights and remedies provided be a breach of contract by law or under this contractthe State.
Appears in 1 contract
Termination of Contract. A. 1. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest of the State. Any such termination shall be effected by delivery to the Construction Administrator Engineer of a written notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction AdministratorEngineer's address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction AdministratorDocuSign Envelope ID: 93B06854-6E07-420B-AE8B-37F4BC83FFDB Engineer’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction AdministratorEngineer’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator Engineer shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator Engineer in performing her/his/its duties under this contract, whether completed or in progress. All such documents, information, and materials shall become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator Engineer as to failure to receive notice of such termination.
B. 2. If the termination is for the convenience of the State, the Construction Administrator Engineer shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.
C. 3. If the termination is for reason of failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator Engineer shall be liable to the State for any additional costs occasioned to the State thereby.
D. 4. If after notice of termination for failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations it is determined that the Construction Administrator Engineer had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator Engineer shall be entitled to reasonable compensation as provided in Section B Paragraph 2 of this articlesection.
E. 5. The rights and remedies of the parties provided in this article section are in addition to any other rights and remedies provided by law or under this contract.
Appears in 1 contract
Termination of Contract. A. 1. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest of the State. Any such termination shall be effected by delivery to DocuSign Envelope ID: 7871C265-DE98-491E-B8DB-E28B673153EE the Construction Administrator Consultant of a written notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction Administrator's Consultant’s address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction AdministratorConsultant’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction AdministratorConsultant’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator Consultant shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator Consultant in performing her/his/its duties under this contract, whether completed or in progress. All such documents, information, and materials shall become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator Consultant as to failure to receive notice of such termination.
B. 2. If the termination is for the convenience of the State, the Construction Administrator Consultant shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.
C. 3. If the termination is for reason of failure of the Construction Administrator Consultant to fulfill her/his/its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator Consultant shall be liable to the State for any additional costs occasioned to the State thereby.
D. 4. If after notice of termination for failure of the Construction Administrator Consultant to fulfill her/his/its contract obligations it is determined that the Construction Administrator Consultant had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator Consultant shall be entitled to reasonable compensation as provided in Section B subsection 2 of this articlesection.
E. 5. The rights and remedies of the parties provided in this article section are in addition to any other rights and remedies provided by law or under this contract.
Appears in 1 contract
Samples: Consultant Contract
Termination of Contract. A. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest of the State. Any such termination shall be effected by delivery to the Construction Administrator Claims Analyst of a written notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction AdministratorClaims Analyst's address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction AdministratorClaims Analyst’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction AdministratorClaims Analyst’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator Claims Analyst shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator Claims Analyst in performing its duties under this contract, whether completed or in progress. All such documents, information, and materials shall become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator Claims Analyst as to failure to receive notice of such termination.
B. If the termination is for the convenience of the State, the Construction Administrator Claims Analyst shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.. DocuSign Envelope ID: 0519B05F-1DAB-4759-AB27-F6FAC66DB663
C. If the termination is for reason of failure of the Construction Administrator Claims Analyst to fulfill its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator Claims Analyst shall be liable to the State for any additional costs occasioned to the State thereby.
D. If after notice of termination for failure of the Construction Administrator Claims Analyst to fulfill its contract obligations it is determined that the Construction Administrator Claims Analyst had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator Claims Analyst shall be entitled to reasonable compensation as provided in Section B of this article.
E. The rights and remedies of the parties provided in this article are in addition to any other rights and remedies provided by law or under this contract.
Appears in 1 contract
Samples: On Call Claims Analyst Contract
Termination of Contract. A. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest of the State. Any such termination shall be effected by delivery to the Construction Administrator of a written notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction Administrator's ’s address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction Administrator’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction Administrator’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all data, drawings, correspondence, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator in performing its duties under this contract, whether completed or in progress. All such documents, information, and materials shall DocuSign Envelope ID: DB9BB4EC-1BC8-4A97-93F7-8DAB30F70300 become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator as to failure to receive notice of such termination.
B. If the termination is for the convenience of the State, the Construction Administrator shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.
C. If the termination is for reason of failure of the Construction Administrator to fulfill its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator shall be liable to the State for any additional costs occasioned to the State thereby.
D. If after notice of termination for failure of the Construction Administrator to fulfill its contract obligations it is determined that the Construction Administrator had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator shall be entitled to reasonable compensation as provided in Section B of this article.
E. If the Construction Administrator is a sole proprietor and the Construction Administrator should become deceased this contract shall be considered terminated. In the event of such termination, the Construction Administrator’s estate shall be entitled to a reasonable payment for any uncompensated work performed to the date of death, and the State shall have title to, and shall have the right to immediate use and possession of, all finished and unfinished documents, estimates, and schedules prepared under this contract. The Commissioner shall determine the amount of such payment.
F. The rights and remedies of the parties provided in this article are in addition to any other rights and remedies provided by law or under this contract.
Appears in 1 contract
Samples: Construction Administrator’s Contract for Design Phase and Construction Phase Services
Termination of Contract. A. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest of the State. Any such termination shall be effected by delivery to the Construction Administrator Architect of a written notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction AdministratorArchitect's address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction AdministratorArchitect’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction AdministratorArchitect’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator Architect shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator Architect in performing its duties under this contract, whether completed or in progress. All such documents, information, information and materials shall become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator Architect as to failure to receive notice of such termination.
B. If the termination is for the convenience of the State, the Construction Administrator Architect shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for DocuSign Envelope ID: EAA51016-F784-4396-98AF-C03E46B717E4 anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.
C. If the termination is for reason of failure of the Construction Administrator Architect to fulfill its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator Architect shall be liable to the State for any additional costs occasioned to the State thereby.
D. If after notice of termination for failure of the Construction Administrator Architect to fulfill its contract obligations it is determined that the Construction Administrator Architect had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator Architect shall be entitled to reasonable compensation as provided in Section B of this article.
E. If the Architect is a sole proprietor and the Architect should die during the term of this contract, this contract shall be considered terminated. In the event of such termination, the Architect's estate shall be entitled to a reasonable payment for any uncompensated work performed to the date of death, and the State shall have title to, and shall have the right to immediate use and possession of, all finished and unfinished documents prepared under this contract. The Commissioner shall determine the amount of such payment.
F. The rights and remedies of the parties provided in this article are in addition to any other rights and remedies provided by law or under this contract.
Appears in 1 contract
Samples: Architect's Contract
Termination of Contract. A. 1. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest of the State. Any such termination shall be effected by delivery to the Construction Administrator Engineer of a written DocuSign Envelope ID: 1DE9173C-9745-42A0-ADAD-8092032D74B3 notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction AdministratorEngineer's address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction AdministratorEngineer’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction AdministratorEngineer’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator Engineer shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator Engineer in performing her/his/its duties under this contract, whether completed or in progress. All such documents, information, and materials shall become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator Engineer as to failure to receive notice of such termination.
B. 2. If the termination is for the convenience of the State, the Construction Administrator Engineer shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.
C. 3. If the termination is for reason of failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator Engineer shall be liable to the State for any additional costs occasioned to the State thereby.
D. 4. If after notice of termination for failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations it is determined that the Construction Administrator Engineer had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator Engineer shall be entitled to reasonable compensation as provided in Section B Paragraph 2 of this articlesection.
E. 5. The rights and remedies of the parties provided in this article section are in addition to any other rights and remedies provided by law or under this contract.
Appears in 1 contract
Termination of Contract. A. 1. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest of the State. Any such termination shall be effected by delivery to the Construction Administrator Engineer of a written DocuSign Envelope ID: 9519D0CC-A46C-48C3-B1EC-6AE06D2AFFE1 notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction AdministratorEngineer's address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction AdministratorEngineer’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction AdministratorEngineer’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator Engineer shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator Engineer in performing her/his/its duties under this contract, whether completed or in progress. All such documents, information, and materials shall become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator Engineer as to failure to receive notice of such termination.
B. 2. If the termination is for the convenience of the State, the Construction Administrator Engineer shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.
C. 3. If the termination is for reason of failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator Engineer shall be liable to the State for any additional costs occasioned to the State thereby.
D. 4. If after notice of termination for failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations it is determined that the Construction Administrator Engineer had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator Engineer shall be entitled to reasonable compensation as provided in Section B Paragraph 2 of this articlesection.
E. 5. The rights and remedies of the parties provided in this article section are in addition to any other rights and remedies provided by law or under this contract.
Appears in 1 contract
Termination of Contract. A. 1. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest of the State. Any such termination shall be effected by delivery to the Construction Administrator Engineer of a written DocuSign Envelope ID: 61C11AC9-204B-46D0-AD75-BD465C44C79D notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction AdministratorEngineer's address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction AdministratorEngineer’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction AdministratorEngineer’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator Engineer shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator Engineer in performing her/his/its duties under this contract, whether completed or in progress. All such documents, information, and materials shall become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator Engineer as to failure to receive notice of such termination.
B. 2. If the termination is for the convenience of the State, the Construction Administrator Engineer shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.
C. 3. If the termination is for reason of failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator Engineer shall be liable to the State for any additional costs occasioned to the State thereby.
D. 4. If after notice of termination for failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations it is determined that the Construction Administrator Engineer had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator Engineer shall be entitled to reasonable compensation as provided in Section B Paragraph 2 of this articlesection.
E. 5. The rights and remedies of the parties provided in this article section are in addition to any other rights and remedies provided by law or under this contract.
Appears in 1 contract
Termination of Contract. A. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest of the State. Any such termination shall be effected by delivery to the Construction Administrator of a written notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction Administrator's address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction Administrator’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction Administrator’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator in performing its duties under this contract, whether completed or in progress. All such documents, information, and materials shall become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator as to failure to receive notice of such termination.
B. If the termination is for the convenience of the State, the Construction Administrator shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.
C. If the termination is for reason of failure of the Construction Administrator to fulfill its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator shall be liable to the State for any additional costs occasioned to the State thereby.
D. If after notice of termination for failure of the Construction Administrator to fulfill its contract obligations it is determined that the Construction Administrator had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator shall be entitled to reasonable compensation as provided in Section B of this article.
E. The rights and remedies of the parties provided in this article are in addition to any other rights and remedies provided by law or under this contract.. DocuSign Envelope ID: 39E88ECA-D801-444D-A3CA-D3472E7A2A16
Appears in 1 contract
Termination of Contract. A. 1. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest DocuSign Envelope ID: 0BB95E1C-E5E2-4599-8D48-2171DC49A1E5 of the State. Any such termination shall be effected by delivery to the Construction Administrator Engineer of a written notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction AdministratorEngineer's address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction AdministratorEngineer’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction AdministratorEngineer’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator Engineer shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator Engineer in performing her/his/its duties under this contract, whether completed or in progress. All such documents, information, and materials shall become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator Engineer as to failure to receive notice of such termination.
B. 2. If the termination is for the convenience of the State, the Construction Administrator Engineer shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.
C. 3. If the termination is for reason of failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator Engineer shall be liable to the State for any additional costs occasioned to the State thereby.
D. 4. If after notice of termination for failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations it is determined that the Construction Administrator Engineer had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator Engineer shall be entitled to reasonable compensation as provided in Section B Paragraph 2 of this articlesection.
E. 5. The rights and remedies of the parties provided in this article section are in addition to any other rights and remedies provided by law or under this contract.
Appears in 1 contract
Termination of Contract. A. 1. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest DocuSign Envelope ID: 1A23C666-6F97-4DC7-934C-3DF77AF1D011 of the State. Any such termination shall be effected by delivery to the Construction Administrator Engineer of a written notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction AdministratorEngineer's address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction AdministratorEngineer’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction AdministratorEngineer’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator Engineer shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator Engineer in performing her/his/its duties under this contract, whether completed or in progress. All such documents, information, and materials shall become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator Engineer as to failure to receive notice of such termination.
B. 2. If the termination is for the convenience of the State, the Construction Administrator Engineer shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.
C. 3. If the termination is for reason of failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator Engineer shall be liable to the State for any additional costs occasioned to the State thereby.
D. 4. If after notice of termination for failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations it is determined that the Construction Administrator Engineer had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator Engineer shall be entitled to reasonable compensation as provided in Section B Paragraph 2 of this articlesection.
E. 5. The rights and remedies of the parties provided in this article section are in addition to any other rights and remedies provided by law or under this contract.
Appears in 1 contract
Termination of Contract. A. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest of the State. Any such termination shall be effected by delivery to the Construction Administrator of a written notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction Administrator's address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction Administrator’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction Administrator’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator in performing its duties under this contract, whether completed or in progress. All such documents, information, information and materials shall become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator as to failure to receive notice of such termination.
B. If the termination is for the convenience of the State, the Construction Administrator shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.
C. If the termination is for reason of failure of the Construction Administrator to fulfill its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator shall be liable to the State for any additional costs occasioned to the State thereby.
D. If after notice of termination for failure of the Construction Administrator to fulfill its contract obligations it is determined that the Construction Administrator had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the
E. If the Construction Administrator is a sole proprietor and the Construction Administrator should become deceased this contract shall be considered terminated. In the event of such termination, the Construction Administrator’s estate shall be entitled to a reasonable compensation as provided in Section B payment for any uncompensated work performed to the date of death, and the State shall have title to, and shall have the right to immediate use and possession of, all finished and unfinished documents, estimates, and schedules prepared under this articlecontract. The Commissioner shall determine the amount of such payment.
E. F. The rights and remedies of the parties provided in this article are in addition to any other rights and remedies provided by law or under this contract.
Appears in 1 contract
Samples: Construction Administrator’s Contract for Design Phase and Construction Phase Services
Termination of Contract. A. Notwithstanding If through any provisions or language in this contract to the contrarycause, the Commissioner may terminate the contract whenever he/she determines CONSULTANT shall fail to fulfill in his/her sole discretion that such termination is in the best interest of the State. Any such termination shall be effected by delivery to the Construction Administrator of a written notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction Administrator's address as furnished to the State for purposes of receiving notices timely and proper manner his obligations under this contract, or if the CONSULTANT shall violate any of the covenants, agreements or stipulations of this contract, the CITY shall thereupon have the right to terminate this contract by email giving written notice to the Construction Administrator’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction Administrator’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt CONSULTANT of such noticetermination and specifying the effective date of such termination. In such event, the Construction Administrator shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all finished or unfinished documents, data, studies, surveys, drawings, specificationsmaps, reportsmodels, estimates, summaries, photographs and such reports or other information and materials as may have been accumulated prepared by the Construction Administrator in performing its duties CONSULTANT under this contractcontract shall, whether completed or in progress. All such documents, information, and materials shall become at the property option of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on CITY become its property and the part of the Construction Administrator as to failure to receive notice of such termination.
B. If the termination is for the convenience of the State, the Construction Administrator CONSULTANT shall be entitled to receive reasonable just and equitable compensation for services already any work satisfactorily performed completed on such documents or materials. Notwithstanding the above, the CONSULTANT shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of the contract by the CONSULTANT, and accepted, but no the CITY may withhold any payments to the CONSULTANT for the purpose of setoff until such time as the exact amount shall be allowed for anticipated profit on unperformed servicesof damages due the CITY from the CONSULTANT is determined. The Commissioner shall determine CITY may terminate this contract at any time by giving written notice to the amount CONSULTANT of such compensation.
C. If termination and specifying the termination is for reason effective date thereof, at least thirty (30) days prior to the effective date of failure of the Construction Administrator to fulfill its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwisesuch termination. In such event, all finished or unfinished documents and other materials as described in the Construction Administrator shall be liable to above clause, shall, at the State for any additional costs occasioned to the State thereby.
D. If after notice of termination for failure option of the Construction Administrator to fulfill CITY, become its property. If the contract obligations it is determined that terminated by the Construction Administrator had not so failedCITY as provided herein, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator CONSULTANT shall be entitled to reasonable receive just and equitable compensation as provided in Section B of this article.
E. for any work satisfactorily completed on such documents and materials. The rights and remedies of the parties provided in this article are CONSULTANT shall also be reimbursed (in addition to any other rights and remedies provided by law or the above payment) for that portion of the actual out—of—pocket expenses (not otherwise reimbursed under this contract) incurred by the CONSULTANT during the contract period which are directly attributable to the uncompleted portion of the services covered by this Contract. If this contract is terminated due to the fault of the CONSULTANT, the above clause relative to termination shall apply. Either party may terminate this Agreement by giving thirty (30) days prior written notice to the other. Upon termination, CONSULTANT shall be paid for services performed to date of termination.
Appears in 1 contract
Samples: Consulting Agreement
Termination of Contract. A. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest of the State. Any such termination shall be effected by delivery to the Construction Administrator Architect of a written notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction AdministratorArchitect's address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction AdministratorArchitect’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction AdministratorArchitect’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator Architect shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator Architect in performing its duties under this contract, whether completed or in progress. All such documents, information, information and materials shall become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator Architect as to failure to receive notice of such termination.
B. If the termination is for the convenience of the State, the Construction Administrator Architect shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.
C. If the termination is for reason of failure of the Construction Administrator Architect to fulfill its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator Architect shall be liable to the State for any additional costs occasioned to the State thereby.. DocuSign Envelope ID: F07DCF30-6120-43D6-9EDE-688A03B415AC
D. If after notice of termination for failure of the Construction Administrator Architect to fulfill its contract obligations it is determined that the Construction Administrator Architect had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator Architect shall be entitled to reasonable compensation as provided in Section B of this article.
E. If the Architect is a sole proprietor and the Architect should die during the term of this contract, this contract shall be considered terminated. In the event of such termination, the Architect's estate shall be entitled to a reasonable payment for any uncompensated work performed to the date of death, and the State shall have title to, and shall have the right to immediate use and possession of, all finished and unfinished documents prepared under this contract. The Commissioner shall determine the amount of such payment.
F. The rights and remedies of the parties provided in this article are in addition to any other rights and remedies provided by law or under this contract.
Appears in 1 contract
Samples: Architect's Contract
Termination of Contract. A. 1. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest of the State. Any such termination shall be effected by delivery to the Construction Administrator Engineer of a written DocuSign Envelope ID: 8C0EDEAB-F398-44EE-BCEB-4CE2B1371AF7 notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction AdministratorEngineer's address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction AdministratorEngineer’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction AdministratorEngineer’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator Engineer shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator Engineer in performing her/his/its duties under this contract, whether completed or in progress. All such documents, information, and materials shall become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator Engineer as to failure to receive notice of such termination.
B. 2. If the termination is for the convenience of the State, the Construction Administrator Engineer shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.
C. 3. If the termination is for reason of failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator Engineer shall be liable to the State for any additional costs occasioned to the State thereby.
D. 4. If after notice of termination for failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations it is determined that the Construction Administrator Engineer had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator Engineer shall be entitled to reasonable compensation as provided in Section B Paragraph 2 of this articlesection.
E. 5. The rights and remedies of the parties provided in this article section are in addition to any other rights and remedies provided by law or under this contract.
Appears in 1 contract
Termination of Contract. A. 1. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest of the State. Any such termination shall be effected by delivery to the Construction Administrator Engineer of a written notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction AdministratorEngineer's address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction AdministratorDocuSign Envelope ID: BD0780EF-AEBE-4479-94CF-43AB88A8C5EF Engineer’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction AdministratorEngineer’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator Engineer shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator Engineer in performing her/his/its duties under this contract, whether completed or in progress. All such documents, information, and materials shall become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator Engineer as to failure to receive notice of such termination.
B. 2. If the termination is for the convenience of the State, the Construction Administrator Engineer shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.
C. 3. If the termination is for reason of failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator Engineer shall be liable to the State for any additional costs occasioned to the State thereby.
D. 4. If after notice of termination for failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations it is determined that the Construction Administrator Engineer had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator Engineer shall be entitled to reasonable compensation as provided in Section B Paragraph 2 of this articlesection.
E. 5. The rights and remedies of the parties provided in this article section are in addition to any other rights and remedies provided by law or under this contract.
Appears in 1 contract
Termination of Contract. A. 1. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner or his/her designee, duly authorized, may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest of the State. Any such termination shall be effected by delivery to the Construction Administrator Contractor of a written notice of termination, which notice shall specify the effective date of termination and the extent to which the Contractor must complete its Performance under the contract prior to such date.
2. The notice of termination shall be sent by registered or certified mail mail, return receipt requested, to the Construction AdministratorContractor's address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction AdministratorContractor’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction Administrator’s fax number as furnished to the State for the purpose of notices, or by hand delivery. The mailing, email or hand delivery of such notice shall preclude any claim on the part of the Contractor as to failure to receive notice of such termination.
3. Upon receipt of such noticenotice of termination, the Construction Administrator Contractor shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all Records, including but not limited to: data, drawings, specifications, reports, estimates, summaries, including Records in electronic, magnetic or in other intangible form, and such other information and materials as may have been accumulated by the Construction Administrator Contractor in performing its duties under this contract, whether completed or in progress. All such documents, information, information and materials shall become the property of the State. The mailingContractor shall deliver the Records to the State no later than thirty (30) days after the termination of the contract or fifteen (15) days after the Contractor receives a written request from the State for the Records. DocuSign Envelope ID: 23EFBEE2-6D57-4D3B-B913-4BA9FB6396BA
4. Upon receipt of a written notice of Termination from the State, emailthe Contractor shall cease operations as the State directs in the notice, faxand take all actions that are necessary or appropriate, or hand delivery of such notice shall preclude any claim on that the part State may reasonably direct, for the protection, and preservation of the Construction Administrator work product. Except for any work which the State directs the Contractor to perform in the notice prior to the effective date of Termination, and except as otherwise provided in the notice, the Contractor shall terminate or conclude all existing subcontracts and purchase orders and shall not enter into any further subcontracts, purchase orders or commitments. Upon request by the State, the Contractor shall assign to failure the State, or any replacement contractor which the State designates, all subcontracts, purchase orders and other commitments, deliver to receive notice the State all Records and other information pertaining to its Performance, and remove from State premises, whether leased or owned, all of such terminationthe Contractor’s property, equipment, waste material and rubbish related to its Performance, all as the State may request.
B. 5. If the termination is for the convenience of the State, the Construction Administrator Contractor shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner or designee shall determine the amount of such compensation.
C. 6. If the termination is for reason of failure of the Construction Administrator Contractor to fulfill its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator Contractor shall be liable to the State for any additional costs occasioned to the State thereby.
D. 7. If after notice of termination for failure of the Construction Administrator Contractor to fulfill its contract obligations it is determined that the Construction Administrator Contractor had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator Contractor shall be entitled to reasonable compensation as provided in Section B of this article.
E. 8. If the Contractor is a sole proprietor and the Contractor should die during the term of this contract, this contract shall be considered terminated. In the event of such termination, the Contractor's estate shall be entitled to a reasonable payment for any uncompensated work performed to the date of death, and the State shall have title to, and shall have the right to immediate use and possession of, all finished and unfinished Records as indicated in Section B of this article prepared under this contract. The Commissioner or designee shall determine the amount of such payment.
9. Upon Termination of the Contract, all rights and remedies obligations except as specified in this article shall be null and void, so that no party shall have any further rights or obligations to any other party, except with respect to the sections which survive Termination. All representations, warranties, agreements and rights of the parties provided under the Contract shall survive such Termination to the extent not otherwise limited in the Contract and without each one of them having to be specifically mentioned in the Contract.
10. Termination of the Contract pursuant to this article are in addition section shall not be deemed to any other rights and remedies provided be a breach of contract by law or under this contractthe State.
Appears in 1 contract
Termination of Contract. A. 1. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner or his/her designee, duly authorized, may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest of the State. Any such termination shall be effected by delivery to the Construction Administrator Contractor of a written notice of termination, which notice shall specify the effective date of termination and the extent to which the Contractor must complete its Performance under the contract prior to such date.
2. The notice of termination shall be sent by registered or certified mail mail, return receipt requested, to the Construction AdministratorContractor's address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction AdministratorContractor’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction Administrator’s fax number as furnished to the State for the purpose of notices, or by hand delivery. The mailing, email or hand delivery of such notice shall preclude any claim on the part of the Contractor as to failure to receive notice of such termination.
3. Upon receipt of such noticenotice of termination, the Construction Administrator Contractor shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all Records, including but not limited to: data, drawings, specifications, reports, estimates, summaries, including Records in electronic, magnetic or in other intangible form, and such other information and materials as may have been accumulated by the Construction Administrator Contractor in performing its duties under this contract, whether completed or in progress. All such documents, information, information and materials shall become the property of the State. The mailingContractor shall deliver the Records to the State no later than thirty (30) days after the termination of the contract or fifteen (15) days after the Contractor receives a written request from the State for the Records. DocuSign Envelope ID: 152D0674-2A50-43FE-A9EF-A0D20860152E
4. Upon receipt of a written notice of Termination from the State, emailthe Contractor shall cease operations as the State directs in the notice, faxand take all actions that are necessary or appropriate, or hand delivery of such notice shall preclude any claim on that the part State may reasonably direct, for the protection, and preservation of the Construction Administrator work product. Except for any work which the State directs the Contractor to perform in the notice prior to the effective date of Termination, and except as otherwise provided in the notice, the Contractor shall terminate or conclude all existing subcontracts and purchase orders and shall not enter into any further subcontracts, purchase orders or commitments. Upon request by the State, the Contractor shall assign to failure the State, or any replacement contractor which the State designates, all subcontracts, purchase orders and other commitments, deliver to receive notice the State all Records and other information pertaining to its Performance, and remove from State premises, whether leased or owned, all of such terminationthe Contractor’s property, equipment, waste material and rubbish related to its Performance, all as the State may request.
B. 5. If the termination is for the convenience of the State, the Construction Administrator Contractor shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner or designee shall determine the amount of such compensation.
C. 6. If the termination is for reason of failure of the Construction Administrator Contractor to fulfill its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator Contractor shall be liable to the State for any additional costs occasioned to the State thereby.
D. 7. If after notice of termination for failure of the Construction Administrator Contractor to fulfill its contract obligations it is determined that the Construction Administrator Contractor had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator Contractor shall be entitled to reasonable compensation as provided in Section B of this article.
E. 8. If the Contractor is a sole proprietor and the Contractor should die during the term of this contract, this contract shall be considered terminated. In the event of such termination, the Contractor's estate shall be entitled to a reasonable payment for any uncompensated work performed to the date of death, and the State shall have title to, and shall have the right to immediate use and possession of, all finished and unfinished Records as indicated in Section B of this article prepared under this contract. The Commissioner or designee shall determine the amount of such payment.
9. Upon Termination of the Contract, all rights and remedies obligations except as specified in this article shall be null and void, so that no party shall have any further rights or obligations to any other party, except with respect to the sections which survive Termination. All representations, warranties, agreements and rights of the parties provided under the Contract shall survive such Termination to the extent not otherwise limited in the Contract and without each one of them having to be specifically mentioned in the Contract.
10. Termination of the Contract pursuant to this article are in addition section shall not be deemed to any other rights and remedies provided be a breach of contract by law or under this contractthe State.
Appears in 1 contract
Termination of Contract. A. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest of the State. Any such termination shall be effected by delivery to the Construction Administrator Engineer of a written notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction AdministratorConsultant's address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction AdministratorConsultant’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction AdministratorConsultant’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator Consultant shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator Consultant in performing its duties under this contract, whether completed or in progress. All such documents, information, and materials shall become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator Consultant as to failure to receive notice of such termination.
B. If the termination is for the convenience of the State, the Construction Administrator Consultant shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.
C. If the termination is for reason of failure of the Construction Administrator Consultant to fulfill its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator Consultant shall be liable to the State for any additional costs occasioned to the State thereby.
D. If after notice of termination for failure of the Construction Administrator Consultant to fulfill its contract obligations it is determined that the Construction Administrator Consultant had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator Consultant shall be entitled to reasonable compensation as provided in Section B of this article.
E. If the Consultant is a sole proprietor and the Consultant should die during the term of this contract, this contract shall be considered terminated. In the event of such termination, the Consultant's estate shall be entitled to a reasonable payment for any uncompensated work performed to the date of death, and the State DocuSign Envelope ID: 5BE3B509-464A-498C-8A2B-E091E2214D97 shall have title to, and shall have the right to immediate use and possession of, all finished and unfinished documents prepared under this contract. The Commissioner shall determine the amount of such payment.
F. The rights and remedies of the parties provided in this article are in addition to any other rights and remedies provided by law or under this contract.
Appears in 1 contract
Samples: Environmental Consultant's Contract
Termination of Contract. A. 1. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest of the State. Any such termination shall be effected by delivery to the Construction Administrator Engineer of a written notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction AdministratorEngineer's address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction AdministratorDocuSign Envelope ID: AC7B497A-E030-4F21-B0CB-7BCC7FCFC864 Engineer’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction AdministratorEngineer’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator Engineer shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator Engineer in performing her/his/its duties under this contract, whether completed or in progress. All such documents, information, and materials shall become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator Engineer as to failure to receive notice of such termination.
B. 2. If the termination is for the convenience of the State, the Construction Administrator Engineer shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.
C. 3. If the termination is for reason of failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator Engineer shall be liable to the State for any additional costs occasioned to the State thereby.
D. 4. If after notice of termination for failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations it is determined that the Construction Administrator Engineer had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator Engineer shall be entitled to reasonable compensation as provided in Section B Paragraph 2 of this articlesection.
E. 5. The rights and remedies of the parties provided in this article section are in addition to any other rights and remedies provided by law or under this contract.
Appears in 1 contract
Termination of Contract. A. 1. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest of the State. Any such termination shall be effected by delivery to the Construction Administrator Engineer of a written notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction AdministratorEngineer's address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction AdministratorDocuSign Envelope ID: D24CC3B1-903C-4D3A-A716-24685DC725AA Engineer’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction AdministratorEngineer’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator Engineer shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator Engineer in performing her/his/its duties under this contract, whether completed or in progress. All such documents, information, and materials shall become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator Engineer as to failure to receive notice of such termination.
B. 2. If the termination is for the convenience of the State, the Construction Administrator Engineer shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.
C. 3. If the termination is for reason of failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator Engineer shall be liable to the State for any additional costs occasioned to the State thereby.
D. 4. If after notice of termination for failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations it is determined that the Construction Administrator Engineer had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator Engineer shall be entitled to reasonable compensation as provided in Section B Paragraph 2 of this articlesection.
E. 5. The rights and remedies of the parties provided in this article section are in addition to any other rights and remedies provided by law or under this contract.
Appears in 1 contract
Termination of Contract. A. 1. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest DocuSign Envelope ID: 6CCDD87E-8272-4F11-BE52-1D01C8CE40BE of the State. Any such termination shall be effected by delivery to the Construction Administrator Engineer of a written notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction AdministratorEngineer's address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction AdministratorEngineer’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction AdministratorEngineer’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator Engineer shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator Engineer in performing her/his/its duties under this contract, whether completed or in progress. All such documents, information, and materials shall become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator Engineer as to failure to receive notice of such termination.
B. 2. If the termination is for the convenience of the State, the Construction Administrator Engineer shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.
C. 3. If the termination is for reason of failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator Engineer shall be liable to the State for any additional costs occasioned to the State thereby.
D. 4. If after notice of termination for failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations it is determined that the Construction Administrator Engineer had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator Engineer shall be entitled to reasonable compensation as provided in Section B Paragraph 2 of this articlesection.
E. 5. The rights and remedies of the parties provided in this article section are in addition to any other rights and remedies provided by law or under this contract.
Appears in 1 contract
Termination of Contract. A. 1. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest of the State. Any such termination shall be effected by delivery to the Construction Administrator Engineer of a written notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction AdministratorEngineer's address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction AdministratorEngineer’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction AdministratorEngineer’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator Engineer shall both immediately discontinue all services affected (unless the notice directs otherwise) and 217 Engineer's On-Call PAGE 8 OF 16 V:\ContractAdmin\Public\Documents\Documents 2019\On-Call Contracts\OC-DCS-MEP-0046-0050\OC-DCS-MEP-0048 (217).doc Xxxxxxxx Xx. XX-XXX-XXX-0000 X 000000 XxxxXxxx Envelope ID: 8274D5EF-02D2-46C2-AF13-7B2A9F7031FD deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator Engineer in performing her/his/its duties under this contract, whether completed or in progress. All such documents, information, and materials shall become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator Engineer as to failure to receive notice of such termination.
B. 2. If the termination is for the convenience of the State, the Construction Administrator Engineer shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.
C. 3. If the termination is for reason of failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator Engineer shall be liable to the State for any additional costs occasioned to the State thereby.
D. 4. If after notice of termination for failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations it is determined that the Construction Administrator Engineer had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator Engineer shall be entitled to reasonable compensation as provided in Section B Paragraph 2 of this articlesection.
E. 5. The rights and remedies of the parties provided in this article section are in addition to any other rights and remedies provided by law or under this contract.
Appears in 1 contract
Termination of Contract. A. 1. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest of the State. Any such termination shall be effected by delivery to the Construction Administrator Engineer of a written DocuSign Envelope ID: 791199B1-11C5-45F7-A58B-208E40C27C0A notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction AdministratorEngineer's address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction AdministratorEngineer’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction AdministratorEngineer’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator Engineer shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator Engineer in performing her/his/its duties under this contract, whether completed or in progress. All such documents, information, and materials shall become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator Engineer as to failure to receive notice of such termination.
B. 2. If the termination is for the convenience of the State, the Construction Administrator Engineer shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.
C. 3. If the termination is for reason of failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator Engineer shall be liable to the State for any additional costs occasioned to the State thereby.
D. 4. If after notice of termination for failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations it is determined that the Construction Administrator Engineer had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator Engineer shall be entitled to reasonable compensation as provided in Section B Paragraph 2 of this articlesection.
E. 5. The rights and remedies of the parties provided in this article section are in addition to any other rights and remedies provided by law or under this contract.
Appears in 1 contract
Termination of Contract. A. 1. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest of the State. Any such termination shall be effected by delivery to DocuSign Envelope ID: C77BF127-B01A-458A-A8E2-A59F86FFE58B the Construction Administrator Consultant of a written notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction Administrator's Consultant’s address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction AdministratorConsultant’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction AdministratorConsultant’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator Consultant shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator Consultant in performing her/his/its duties under this contract, whether completed or in progress. All such documents, information, and materials shall become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator Consultant as to failure to receive notice of such termination.
B. 2. If the termination is for the convenience of the State, the Construction Administrator Consultant shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.
C. 3. If the termination is for reason of failure of the Construction Administrator Consultant to fulfill her/his/its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator Consultant shall be liable to the State for any additional costs occasioned to the State thereby.
D. 4. If after notice of termination for failure of the Construction Administrator Consultant to fulfill her/his/its contract obligations it is determined that the Construction Administrator Consultant had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator Consultant shall be entitled to reasonable compensation as provided in Section B subsection 2 of this articlesection.
E. 5. The rights and remedies of the parties provided in this article section are in addition to any other rights and remedies provided by law or under this contract.
Appears in 1 contract
Samples: Consultant Contract
Termination of Contract. A. 1. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest of the State. Any such termination shall be effected by delivery to the Construction Administrator Consultant of a written notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction Administrator's Consultant’s address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction AdministratorConsultant’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction AdministratorConsultant’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator Consultant shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator Consultant in performing her/his/its duties under this contract, whether completed or in progress. All such documents, information, and materials shall become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator Consultant as to failure to receive notice of such termination.
B. 2. If the termination is for the convenience of the State, the Construction Administrator Consultant shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.
C. 3. If the termination is for reason of failure of the Construction Administrator Consultant to fulfill her/his/its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator Consultant shall be liable to the State for any additional costs occasioned to the State thereby.
D. 4. If after notice of termination for failure of the Construction Administrator Consultant to fulfill her/his/its contract obligations it is determined that the Construction Administrator Consultant had not so failed, the termination shall be deemed to have been effected for the DocuSign Envelope ID: 76C7BBD1-D1F9-4019-A780-EFF5CA15AF37 convenience of the State. In such event, the Construction Administrator Consultant shall be entitled to reasonable compensation as provided in Section B subsection 2 of this articlesection.
E. 5. The rights and remedies of the parties provided in this article section are in addition to any other rights and remedies provided by law or under this contract.
Appears in 1 contract
Termination of Contract. A. Notwithstanding any provisions or language in If the work provided for under this contract shall be abandoned, or if the contract shall be sublet or assigned without the consent of the City, or if at any time the Engineer shall be of the opinion that the conditions specified as to the contraryrate of progress are not being fulfilled, or that the work or any part thereof is unnecessarily delayed, or that the Contractor is willfully violating any of the conditions or provisions of this contract or is executing the same in bad faith, the Commissioner City shall notify the Contractor to fulfill the conditions of this contract. Should the Contractor fail to begin compliance with said notice within five (5) calendar days, the City may, at its discretion, notify the Contractor to discontinue all work under this contract or any part thereof, and thereupon the Contractor shall discontinue work, and the City may, by contract or otherwise, at its discretion, complete the work or such part thereof, and may terminate take possession of the contract whenever he/she determines in his/her sole discretion that work and use therein such termination materials, machinery, implements and tools of every description as shall be found upon the work, or provide whatever is needed for the completion of the work and charge the expense thereof to the Contractor. In order to meet the expenses so incurred, the City is hereby authorized by the Contractor to draw a warrant in the best interest name of the StateContractor and in favor of these persons, firms or corporations doing the work or providing the materials or labor therefore, against the fund or appropriation set aside for the purpose of this contract. Any such termination When a warrant is so drawn it shall be effected conclusive upon the Contractor and shall be to all intent and purposes the same as drawn by delivery the Contractor in person. When any of the said demands have been audited and paid, the amount of the same shall be deducted from the fund or appropriation set-aside for the purposes of this contract being so terminated. The Contractor shall immediately, upon due notice from the Engineer to do so, remove from the premises all materials and personal property belonging to the Construction Administrator Contractor which have not already been used in the construction of a written notice of termination. The notice of termination the work or which are not in place in the work, and the Contractor shall be sent by registered or certified mail to the Construction Administrator's address as furnished to the State for purposes of receiving notices forfeit all rights under this contract, by email to and both the Construction Administrator’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction Administrator’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator shall both immediately discontinue all services affected (unless the notice directs otherwise) Contractor and deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator in performing its duties under this contract, whether completed or in progress. All such documents, information, and materials shall become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator as to failure to receive notice of such termination.
B. If the termination is for the convenience of the State, the Construction Administrator shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.
C. If the termination is for reason of failure of the Construction Administrator to fulfill its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator Contractor's sureties shall be liable to the State for any additional costs occasioned to the State thereby.
D. If after notice of termination for failure of the Construction Administrator to fulfill its contract obligations it is determined that the Construction Administrator had not so failed, the termination shall be deemed to have been effected for the convenience bond for all damages caused the City by reason of the State. In such event, the Construction Administrator shall be entitled Contractor's failure to reasonable compensation as provided in Section B of this article.
E. The rights and remedies of the parties provided in this article are in addition to any other rights and remedies provided by law or under complete this contract.
Appears in 1 contract
Samples: Project Contract
Termination of Contract. A. 1. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest DocuSign Envelope ID: 051CEAC2-7248-49E9-ADDC-0D67E0A787F1 of the State. Any such termination shall be effected by delivery to the Construction Administrator Engineer of a written notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction AdministratorEngineer's address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction AdministratorEngineer’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction AdministratorEngineer’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator Engineer shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator Engineer in performing her/his/its duties under this contract, whether completed or in progress. All such documents, information, and materials shall become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator Engineer as to failure to receive notice of such termination.
B. 2. If the termination is for the convenience of the State, the Construction Administrator Engineer shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.
C. 3. If the termination is for reason of failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator Engineer shall be liable to the State for any additional costs occasioned to the State thereby.
D. 4. If after notice of termination for failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations it is determined that the Construction Administrator Engineer had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator Engineer shall be entitled to reasonable compensation as provided in Section B Paragraph 2 of this articlesection.
E. 5. The rights and remedies of the parties provided in this article section are in addition to any other rights and remedies provided by law or under this contract.
Appears in 1 contract
Termination of Contract. A. 1. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest of the State. Any such termination shall be effected by delivery to the Construction Administrator Engineer of a written notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction AdministratorEngineer's address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction AdministratorDocuSign Envelope ID: A7980230-8A0E-485E-8A9E-913A7D5AF964 Engineer’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction AdministratorEngineer’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator Engineer shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator Engineer in performing her/his/its duties under this contract, whether completed or in progress. All such documents, information, and materials shall become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator Engineer as to failure to receive notice of such termination.
B. 2. If the termination is for the convenience of the State, the Construction Administrator Engineer shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.
C. 3. If the termination is for reason of failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator Engineer shall be liable to the State for any additional costs occasioned to the State thereby.
D. 4. If after notice of termination for failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations it is determined that the Construction Administrator Engineer had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator Engineer shall be entitled to reasonable compensation as provided in Section B Paragraph 2 of this articlesection.
E. 5. The rights and remedies of the parties provided in this article section are in addition to any other rights and remedies provided by law or under this contract.
Appears in 1 contract
Termination of Contract. A. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest of the State. Any such termination shall be effected by delivery to the Construction Administrator Architect of a written notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction AdministratorArchitect's address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction AdministratorArchitect’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction AdministratorArchitect’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator Architect shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator Architect in performing its duties under this contract, whether completed or in progress. All such documents, information, information and materials shall become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator Architect as to failure to receive notice of such termination.
B. If the termination is for the convenience of the State, the Construction Administrator Architect shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.
C. If the termination is for reason of failure of the Construction Administrator Architect to fulfill its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator Architect shall be liable to the State for any additional costs occasioned to the State thereby.. DocuSign Envelope ID: F7248363-6A82-44D4-9FA1-0F7A5025BFB9
D. If after notice of termination for failure of the Construction Administrator Architect to fulfill its contract obligations it is determined that the Construction Administrator Architect had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator Architect shall be entitled to reasonable compensation as provided in Section B of this article.
E. If the Architect is a sole proprietor and the Architect should die during the term of this contract, this contract shall be considered terminated. In the event of such termination, the Architect's estate shall be entitled to a reasonable payment for any uncompensated work performed to the date of death, and the State shall have title to, and shall have the right to immediate use and possession of, all finished and unfinished documents prepared under this contract. The Commissioner shall determine the amount of such payment.
F. The rights and remedies of the parties provided in this article are in addition to any other rights and remedies provided by law or under this contract.
Appears in 1 contract
Samples: Architect's Contract
Termination of Contract. A. Notwithstanding any provisions or language in other provision of this contract to the contraryContract, the Commissioner performance of work under this Contract may terminate be terminated by the contract whenever he/she determines Department in his/her sole discretion whole or in part whenever, for any reason, the Contract Administrator shall determine that such termination is in the best interest of the StateDepartment. Any such termination shall be effected by delivery to the Construction Administrator Contractor of a written notice Notice of termination. The notice Termination specifying the extent to which performance of termination shall be sent by registered or certified mail to the Construction Administrator's address as furnished to the State for purposes of receiving notices work under this contract, by email to Contract is terminated and the Construction Administrator’s email address as furnished to date on which such termination becomes effective. In the State for the purpose event of notices, by facsimile transmission telecopy (fax) to the Construction Administrator’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of any such noticetermination, the Construction Administrator shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator in performing its duties under this contract, whether completed or in progress. All such documents, information, and materials shall become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator as to failure to receive notice of such termination.
B. If the termination is for the convenience of the State, the Construction Administrator Contractor shall be entitled to receive reasonable just and equitable compensation for services all accepted deliverables and satisfactory authorized work performed as of the termination date, subject to the terms of this Section 3 of this Rider A. In no event, however, shall the Contractor be paid for loss of anticipated profit. Upon delivery to the Contractor of a Notice of Termination, pursuant to section 1.24, Notices, of this Rider A specifying the nature of the termination, the extent to which performance of work under this Contract is terminated, and the date upon which such termination becomes effective, the Contractor shall:
(i) stop work under this Contract on the date and to the extent specified in the Notice of Termination; (ii) take such action as may be necessary, or as the State's Project Manager may direct, for the protection and preservation of the property related to this Contract which is in the possession of the Contractor and in which the State has or may acquire an interest; (iii) terminate all orders to the extent that they relate to the performance of work terminated by the Notice of Termination; (iv) assign to the State in the manner and to the extent directed by the State's Project Manager all of the rights, title, and interest of the Contractor under the orders so terminated, in which case the State shall have the right, at its discretion, to settle or pay any or all claims arising out of the terminations of such orders, however, notwithstanding this provision, the Contractor will not be obligated to assign any such rights, title or interest in the absence of payment therefor by the State; (v) with the approval or ratification of the State's Project Manager, settle all outstanding liabilities and all claims, arising out of such termination of orders, the cost of which would be reimbursable in whole or in part, in accordance with the provision of this Contract; (vi) transfer title to the State (to the extent that title has not already satisfactorily performed been transferred) and accepteddeliver in the manner, but no amount at the times, and to the extent directed by the State's Project Manager all files, processing systems, data manuals, or other documentation, in any form, that relate to all the work completed or in progress prior to the Notice of Termination; and (vii) complete the performance of such part of the work as shall be allowed for anticipated profit on unperformed servicesnot have been terminated by the Notice of Termination. The Commissioner Contractor shall determine proceed immediately with the performance of the above obligations notwithstanding any delay in determining or adjusting the amount of such compensation.
C. If the termination is for reason any item of failure of the Construction Administrator to fulfill its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwisereimbursable price under this clause. In such any event, this Contract shall terminate at the Construction Administrator shall be liable to the State for any additional costs occasioned to the State thereby.
D. If after notice of termination for failure of the Construction Administrator to fulfill its contract obligations it is determined that the Construction Administrator had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator shall be entitled to reasonable compensation as provided time specified in Section B 2.1 of this article.
E. The rights and remedies of the parties provided in this article are in addition to any other rights and remedies provided by law or under this contract.Rider A.
Appears in 1 contract
Samples: Macwis Contract (Network Six Inc)
Termination of Contract. A. 1. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest of the State. Any such termination shall be effected by delivery to the Construction Administrator Contractor of a written notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction AdministratorContractor's address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction AdministratorDocuSign Envelope ID: EC47DC1F-C64C-43B9-B96D-7DCFB9A62729 Contractor’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction AdministratorContractor’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator Contractor shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator Contractor in performing her/his/its duties under this contract, whether completed or in progress. All such documents, information, and materials shall become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator Contractor as to failure to receive notice of such termination.
B. 2. If the termination is for the convenience of the State, the Construction Administrator Contractor shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.
C. 3. If the termination is for reason of failure of the Construction Administrator Contractor to fulfill her/his/its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator Contractor shall be liable to the State for any additional costs occasioned to the State thereby.
D. 4. If after notice of termination for failure of the Construction Administrator Contractor to fulfill her/his/its contract obligations it is determined that the Construction Administrator Contractor had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator Contractor shall be entitled to reasonable compensation as provided in Section B Paragraph 2 of this articlesection.
E. 5. The rights and remedies of the parties provided in this article section are in addition to any other rights and remedies provided by law or under this contract.
Appears in 1 contract
Samples: Engineer/Landscape Architect’s Contract for on Call Services
Termination of Contract. A. 1. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest DocuSign Envelope ID: EAC94848-1AC0-4110-98AE-C9B3914E6FFF of the State. Any such termination shall be effected by delivery to the Construction Administrator Engineer of a written notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction AdministratorEngineer's address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction AdministratorEngineer’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction AdministratorEngineer’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator Engineer shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator Engineer in performing her/his/its duties under this contract, whether completed or in progress. All such documents, information, and materials shall become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator Engineer as to failure to receive notice of such termination.
B. 2. If the termination is for the convenience of the State, the Construction Administrator Engineer shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.
C. 3. If the termination is for reason of failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator Engineer shall be liable to the State for any additional costs occasioned to the State thereby.
D. 4. If after notice of termination for failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations it is determined that the Construction Administrator Engineer had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator Engineer shall be entitled to reasonable compensation as provided in Section B Paragraph 2 of this articlesection.
E. 5. The rights and remedies of the parties provided in this article section are in addition to any other rights and remedies provided by law or under this contract.
Appears in 1 contract
Termination of Contract. A. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest of the State. Any such termination shall be effected by delivery to the Construction Administrator Architect of a written notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction AdministratorArchitect's address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction AdministratorArchitect’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction AdministratorArchitect’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator Architect shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator Architect in performing its duties under this contract, whether completed or in progress. All such documents, information, information and materials shall become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator Architect as to failure to receive notice of such termination.
B. If the termination is for the convenience of the State, the Construction Administrator Architect shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.
C. If the termination is for reason of failure of the Construction Administrator Architect to fulfill its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator Architect shall be liable to the State for any additional costs occasioned to the State thereby.. DocuSign Envelope ID: 0CC2C365-CC83-4B1B-9931-9C2231385FE4
D. If after notice of termination for failure of the Construction Administrator Architect to fulfill its contract obligations it is determined that the Construction Administrator Architect had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator Architect shall be entitled to reasonable compensation as provided in Section B of this article.
E. If the Architect is a sole proprietor and the Architect should die during the term of this contract, this contract shall be considered terminated. In the event of such termination, the Architect's estate shall be entitled to a reasonable payment for any uncompensated work performed to the date of death, and the State shall have title to, and shall have the right to immediate use and possession of, all finished and unfinished documents prepared under this contract. The Commissioner shall determine the amount of such payment.
F. The rights and remedies of the parties provided in this article are in addition to any other rights and remedies provided by law or under this contract.
Appears in 1 contract
Samples: Architect's Contract
Termination of Contract. A. 1. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest of the State. Any such termination shall be effected by delivery to the Construction Administrator Engineer of a written DocuSign Envelope ID: 48496989-BE09-4DDE-A0E2-C697F3B0C26B notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction AdministratorEngineer's address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction AdministratorEngineer’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction AdministratorEngineer’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator Engineer shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator Engineer in performing her/his/its duties under this contract, whether completed or in progress. All such documents, information, and materials shall become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator Engineer as to failure to receive notice of such termination.
B. 2. If the termination is for the convenience of the State, the Construction Administrator Engineer shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.
C. 3. If the termination is for reason of failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator Engineer shall be liable to the State for any additional costs occasioned to the State thereby.
D. 4. If after notice of termination for failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations it is determined that the Construction Administrator Engineer had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator Engineer shall be entitled to reasonable compensation as provided in Section B Paragraph 2 of this articlesection.
E. 5. The rights and remedies of the parties provided in this article section are in addition to any other rights and remedies provided by law or under this contract.
Appears in 1 contract
Termination of Contract. A. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner or his/her designee, duly authorized, may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest of the State. Any such termination shall be effected affected by delivery to the Construction Administrator Contractor of a written notice of termination. , which notice shall specify the effective date of termination and the extent to which the Contractor must complete its Performance under the contract prior to such date.
B. The notice of termination shall be sent by registered or certified mail mail, return receipt requested, to the Construction AdministratorContractor's address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction AdministratorContractor’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction Administrator’s fax number as furnished to the State for the purpose of notices, or by hand delivery. The mailing, email or hand delivery of such notice shall preclude any claim on the part of the Contractor as to failure to receive notice of such termination.
C. Upon receipt of such noticenotice of termination, the Construction Administrator Contractor shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all Records, including but not limited to: data, drawings, specifications, reports, estimates, summaries, including Records in electronic, magnetic or in other intangible form, and such other information and materials as may have been accumulated by the Construction Administrator Contractor in performing its duties under this contract, whether completed or in progress. All such documents, information, information and materials shall become the property of the State. The mailingContractor shall deliver the Records to the State no later than thirty (30) days after the termination of the contract or fifteen (15) days after the Contractor receives a written request from the State for the Records.
D. Upon receipt of a written notice of Termination from the State, emailthe Contractor shall cease operations as the State directs in the notice, faxand take all actions that are necessary or appropriate, or hand delivery of such notice shall preclude any claim on that the part State may reasonably direct, for the protection, and preservation of the Construction Administrator work product. Except for any work which the State directs the Contractor to perform in the notice prior to the effective date of Termination, and except as otherwise provided in the notice, the Contractor shall terminate or conclude all existing subcontracts and purchase orders and shall not enter into any further subcontracts, purchase orders or commitments. Upon request by the State, the Contractor shall assign to failure the State, or any replacement contractor which the State designates, all subcontracts, purchase orders and other commitments, deliver to receive notice the State all Records and other information pertaining to its Performance, and remove from State premises, whether leased or owned, all of such terminationthe Contractor’s property, equipment, waste material and rubbish related to its Performance, all as the State may request.
B. E. If the termination is for the convenience of the State, the Construction Administrator Contractor shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner or designee shall determine the amount of such compensation.
C. F. If the termination is for reason of failure of the Construction Administrator Contractor to fulfill its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator Contractor shall be liable to the State for any additional costs occasioned to the State thereby.. DocuSign Envelope ID: B796865F-C4F1-479B-8CA8-E8BCEAC48BA6
D. G. If after notice of termination for failure of the Construction Administrator Contractor to fulfill its contract obligations it is determined that the Construction Administrator Contractor had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator Contractor shall be entitled to reasonable compensation as provided in Section B of this article.
E. H. If the Contractor is a sole proprietor and the Contractor should die during the term of this contract, this contract shall be considered terminated. In the event of such termination, the Contractor's estate shall be entitled to a reasonable payment for any uncompensated work performed to the date of death, and the State shall have title to, and shall have the right to immediate use and possession of, all finished and unfinished Records as indicated in Section B of this article prepared under this contract. The Commissioner or designee shall determine the amount of such payment.
I. Upon Termination of the Contract, all rights and remedies obligations except as specified in this article shall be null and void, so that no party shall have any further rights or obligations to any other party, except with respect to the sections which survive Termination. All representations, warranties, agreements and rights of the parties provided under the Contract shall survive such Termination to the extent not otherwise limited in the Contract and without each one of them having to be specifically mentioned in the Contract.
J. Termination of the Contract pursuant to this article are in addition section shall not be deemed to any other rights and remedies provided be a breach of contract by law or under this contractthe State.
Appears in 1 contract
Termination of Contract. A. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest of the State. Any such termination shall be effected by delivery to the Construction Administrator Claims Analyst of a written notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction AdministratorClaims Analyst's address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction AdministratorClaims Analyst’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction AdministratorClaims Analyst’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator Claims Analyst shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator Claims Analyst in performing its duties under this contract, whether completed or in progress. All such documents, information, and materials shall become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator Claims Analyst as to failure to receive notice of such termination.
B. If the termination is for the convenience of the State, the Construction Administrator Claims Analyst shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.. DocuSign Envelope ID: 7010A46F-C303-46E1-B368-81A4F213A046
C. If the termination is for reason of failure of the Construction Administrator Claims Analyst to fulfill its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator Claims Analyst shall be liable to the State for any additional costs occasioned to the State thereby.
D. If after notice of termination for failure of the Construction Administrator Claims Analyst to fulfill its contract obligations it is determined that the Construction Administrator Claims Analyst had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator Claims Analyst shall be entitled to reasonable compensation as provided in Section B of this article.
E. The rights and remedies of the parties provided in this article are in addition to any other rights and remedies provided by law or under this contract.
Appears in 1 contract
Samples: On Call Claims Analyst Contract
Termination of Contract. A. 1. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest of the State. Any such termination shall be effected by delivery to the Construction Administrator Engineer of a written notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction AdministratorEngineer's address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction AdministratorDocuSign Envelope ID: F962FEB3-9C78-4D0E-B086-901DF8855901 Engineer’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction AdministratorEngineer’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator Engineer shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator Engineer in performing her/his/its duties under this contract, whether completed or in progress. All such documents, information, and materials shall become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator Engineer as to failure to receive notice of such termination.
B. 2. If the termination is for the convenience of the State, the Construction Administrator Engineer shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.
C. 3. If the termination is for reason of failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator Engineer shall be liable to the State for any additional costs occasioned to the State thereby.
D. 4. If after notice of termination for failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations it is determined that the Construction Administrator Engineer had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator Engineer shall be entitled to reasonable compensation as provided in Section B Paragraph 2 of this articlesection.
E. 5. The rights and remedies of the parties provided in this article section are in addition to any other rights and remedies provided by law or under this contract.
Appears in 1 contract
Termination of Contract. A. 1. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest of the State. Any such termination shall be effected by delivery to the Construction Administrator Engineer of a written notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction AdministratorEngineer's address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction AdministratorDocuSign Envelope ID: E5364B85-E12D-4353-93DB-5BCBE76400C0 Engineer’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction AdministratorEngineer’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator Engineer shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator Engineer in performing her/his/its duties under this contract, whether completed or in progress. All such documents, information, and materials shall become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator Engineer as to failure to receive notice of such termination.
B. 2. If the termination is for the convenience of the State, the Construction Administrator Engineer shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.
C. 3. If the termination is for reason of failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator Engineer shall be liable to the State for any additional costs occasioned to the State thereby.
D. 4. If after notice of termination for failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations it is determined that the Construction Administrator Engineer had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator Engineer shall be entitled to reasonable compensation as provided in Section B Paragraph 2 of this articlesection.
E. 5. The rights and remedies of the parties provided in this article section are in addition to any other rights and remedies provided by law or under this contract.
Appears in 1 contract
Termination of Contract. A. 1. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest DocuSign Envelope ID: 1AC88FF6-942B-4606-8B06-F0A80C000E64 of the State. Any such termination shall be effected by delivery to the Construction Administrator Engineer of a written notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction AdministratorEngineer's address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction AdministratorEngineer’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction AdministratorEngineer’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator Engineer shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator Engineer in performing her/his/its duties under this contract, whether completed or in progress. All such documents, information, and materials shall become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator Engineer as to failure to receive notice of such termination.
B. 2. If the termination is for the convenience of the State, the Construction Administrator Engineer shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.
C. 3. If the termination is for reason of failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator Engineer shall be liable to the State for any additional costs occasioned to the State thereby.
D. 4. If after notice of termination for failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations it is determined that the Construction Administrator Engineer had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator Engineer shall be entitled to reasonable compensation as provided in Section B Paragraph 2 of this articlesection.
E. 5. The rights and remedies of the parties provided in this article section are in addition to any other rights and remedies provided by law or under this contract.
Appears in 1 contract
Termination of Contract. A. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest of the State. Any such termination shall be effected by delivery to the Construction Administrator of a written notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction Administrator's address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction Administrator’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction Administrator’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator in performing its duties under this contract, whether completed or in progress. All such documents, information, and materials shall become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator as to failure to receive notice of such termination.
B. If the termination is for the convenience of the State, the Construction Administrator shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.
C. If the termination is for reason of failure of the Construction Administrator to fulfill its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator shall be liable to the State for any additional costs occasioned to the State thereby.
D. If after notice of termination for failure of the Construction Administrator to fulfill its contract obligations it is determined that the Construction Administrator had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator shall be entitled to reasonable compensation as provided in Section B of this article.
E. The rights and remedies of the parties provided in this article are in addition to any other rights and remedies provided by law or under this contract.. DocuSign Envelope ID: 971A3F37-022E-4F88-843D-90215096647C
Appears in 1 contract
Termination of Contract. A. 1. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest of the State. Any such termination shall be effected by delivery to the Construction Administrator Consultant of a written notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction Administrator's Consultant’s address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction AdministratorConsultant’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction AdministratorConsultant’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator Consultant shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator Consultant in performing her/his/its duties under this contract, whether completed or in progress. All such documents, information, and materials shall become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator Consultant as to failure to receive notice of such termination.
B. 2. If the termination is for the convenience of the State, the Construction Administrator Consultant shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.
C. 3. If the termination is for reason of failure of the Construction Administrator Consultant to fulfill her/his/its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator Consultant shall be liable to the State for any additional costs occasioned to the State thereby.
D. 4. If after notice of termination for failure of the Construction Administrator Consultant to fulfill her/his/its contract obligations it is determined that the Construction Administrator Consultant had not so failed, the termination shall be deemed to have been effected for the DocuSign Envelope ID: 14DA1757-EBD5-4F00-ABCB-531871EC14DB convenience of the State. In such event, the Construction Administrator Consultant shall be entitled to reasonable compensation as provided in Section B subsection 2 of this articlesection.
E. 5. The rights and remedies of the parties provided in this article section are in addition to any other rights and remedies provided by law or under this contract.
Appears in 1 contract
Termination of Contract. A. 1. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest of the State. Any such termination shall be effected by delivery to the Construction Administrator Engineer of a written notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction AdministratorEngineer's address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction AdministratorDocuSign Envelope ID: 1A213A49-C531-4D32-952B-BAAF332A6B29 Engineer’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction AdministratorEngineer’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator Engineer shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator Engineer in performing her/his/its duties under this contract, whether completed or in progress. All such documents, information, and materials shall become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator Engineer as to failure to receive notice of such termination.
B. 2. If the termination is for the convenience of the State, the Construction Administrator Engineer shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.
C. 3. If the termination is for reason of failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator Engineer shall be liable to the State for any additional costs occasioned to the State thereby.
D. 4. If after notice of termination for failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations it is determined that the Construction Administrator Engineer had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator Engineer shall be entitled to reasonable compensation as provided in Section B Paragraph 2 of this articlesection.
E. 5. The rights and remedies of the parties provided in this article section are in addition to any other rights and remedies provided by law or under this contract.
Appears in 1 contract
Termination of Contract. A. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest of the State. Any such termination shall be effected by delivery to the Construction Administrator Architect of a written notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction AdministratorArchitect's address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction AdministratorArchitect’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction AdministratorArchitect’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator Architect shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator Architect in performing its duties under this contract, whether completed or in progress. All such documents, information, information and materials shall become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator Architect as to failure to receive notice of such termination.
B. If the termination is for the convenience of the State, the Construction Administrator Architect shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.
C. If the termination is for reason of failure of the Construction Administrator Architect to fulfill its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator Architect shall be liable to the State for any additional costs occasioned to the State thereby.
D. If after notice of termination for failure of the Construction Administrator Architect to fulfill its contract obligations it is determined that the Construction Administrator Architect had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator Architect shall be entitled to reasonable compensation as provided in Section B of this article.
E. If the Architect is a sole proprietor and the Architect should die during the term of this contract, this contract shall be considered terminated. In the event of such termination, the Architect's estate shall be entitled to a reasonable payment for any uncompensated work performed to the date of death, and the State shall have title to, and shall have the right to immediate use and possession of, all finished and unfinished documents prepared under this contract. The Commissioner shall determine the amount of such payment.
F. The rights and remedies of the parties provided in this article are in addition to any other rights and remedies provided by law or under this contract.
Appears in 1 contract
Samples: Architect's Contract
Termination of Contract. A. 1. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest of the State. Any such termination shall be effected by delivery to the Construction Administrator Consultant of a written notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction Administrator's Consultant’s address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction AdministratorConsultant’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction AdministratorConsultant’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator Consultant shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator Consultant in performing her/his/its duties under this contract, whether completed or in progress. All such documents, information, and materials shall become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator Consultant as to failure to receive notice of such termination.
B. 2. If the termination is for the convenience of the State, the Construction Administrator Consultant shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.
C. 3. If the termination is for reason of failure of the Construction Administrator Consultant to fulfill her/his/its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator Consultant shall be liable to the State for any additional costs occasioned to the State thereby.
D. 4. If after notice of termination for failure of the Construction Administrator Consultant to fulfill her/his/its contract obligations it is determined that the Construction Administrator Consultant had not so failed, the termination shall be deemed to have been effected for the DocuSign Envelope ID: 64B6DA7F-A5EC-4E3C-89CF-D02A62E52B4C convenience of the State. In such event, the Construction Administrator Consultant shall be entitled to reasonable compensation as provided in Section B subsection 2 of this articlesection.
E. 5. The rights and remedies of the parties provided in this article section are in addition to any other rights and remedies provided by law or under this contract.
Appears in 1 contract
Samples: Consultant Contract
Termination of Contract. A. 1. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest of the State. Any such termination shall be effected by delivery to the Construction Administrator Engineer of a written notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction AdministratorEngineer's address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction AdministratorEngineer’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction AdministratorEngineer’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator Engineer shall both immediately discontinue all services affected (unless the notice directs otherwise) and 217 Engineer's On-Call PAGE 8 OF 16 V:\ContractAdmin\Public\Documents\Documents 2019\On-Call Contracts\OC-DCS-MEP-0046-0050\OC-DCS-MEP-0050 (217).doc Xxxxxxxx Xx. XX-XXX-XXX-0000 X 000000 XxxxXxxx Envelope ID: 032138FC-36F1-47D6-A727-5BD6FD558ECF deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator Engineer in performing her/his/its duties under this contract, whether completed or in progress. All such documents, information, and materials shall become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator Engineer as to failure to receive notice of such termination.
B. 2. If the termination is for the convenience of the State, the Construction Administrator Engineer shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.
C. 3. If the termination is for reason of failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator Engineer shall be liable to the State for any additional costs occasioned to the State thereby.
D. 4. If after notice of termination for failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations it is determined that the Construction Administrator Engineer had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator Engineer shall be entitled to reasonable compensation as provided in Section B Paragraph 2 of this articlesection.
E. 5. The rights and remedies of the parties provided in this article section are in addition to any other rights and remedies provided by law or under this contract.
Appears in 1 contract
Termination of Contract. A. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner or his/her designee, duly authorized, may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest of the State. Any such termination shall be effected affected by delivery to the Construction Administrator Contractor of a written notice of termination. , which notice shall specify the effective date of termination and the extent to which the Contractor must complete its Performance under the contract prior to such date.
B. The notice of termination shall be sent by registered or certified mail mail, return receipt requested, to the Construction AdministratorContractor's address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction AdministratorContractor’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction Administrator’s fax number as furnished to the State for the purpose of notices, or by hand delivery. The mailing, email or hand delivery of such notice shall preclude any claim on the part of the Contractor as to failure to receive notice of such termination.
C. Upon receipt of such noticenotice of termination, the Construction Administrator Contractor shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all Records, including but not limited to: data, drawings, specifications, reports, estimates, summaries, including Records in electronic, magnetic or in other intangible form, and such other information and materials as may have been accumulated by the Construction Administrator Contractor in performing its duties under this contract, whether completed or in progress. All such documents, information, information and materials shall become the property of the State. The mailingContractor shall deliver the Records to the State no later than thirty (30) days after the termination of the contract or fifteen (15) days after the Contractor receives a written request from the State for the Records.
D. Upon receipt of a written notice of Termination from the State, emailthe Contractor shall cease operations as the State directs in the notice, faxand take all actions that are necessary or appropriate, or hand delivery of such notice shall preclude any claim on that the part State may reasonably direct, for the protection, and preservation of the Construction Administrator work product. Except for any work which the State directs the Contractor to perform in the notice prior to the effective date of Termination, and except as otherwise provided in the notice, the Contractor shall terminate or conclude all existing subcontracts and purchase orders and shall not enter into any further subcontracts, purchase orders or commitments. Upon request by the State, the Contractor shall assign to failure the State, or any replacement contractor which the State designates, all subcontracts, purchase orders and other commitments, deliver to receive notice the State all Records and other information pertaining to its Performance, and remove from State premises, whether leased or owned, all of such terminationthe Contractor’s property, equipment, waste material and rubbish related to its Performance, all as the State may request.
B. E. If the termination is for the convenience of the State, the Construction Administrator Contractor shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner or designee shall determine the amount of such compensation.
C. F. If the termination is for reason of failure of the Construction Administrator Contractor to fulfill its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator Contractor shall be liable to the State for any additional costs occasioned to the State thereby.. DocuSign Envelope ID: 2A798B2C-887D-407F-A914-66DF8EEC5D13
D. G. If after notice of termination for failure of the Construction Administrator Contractor to fulfill its contract obligations it is determined that the Construction Administrator Contractor had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator Contractor shall be entitled to reasonable compensation as provided in Section B of this article.
E. H. If the Contractor is a sole proprietor and the Contractor should die during the term of this contract, this contract shall be considered terminated. In the event of such termination, the Contractor's estate shall be entitled to a reasonable payment for any uncompensated work performed to the date of death, and the State shall have title to, and shall have the right to immediate use and possession of, all finished and unfinished Records as indicated in Section B of this article prepared under this contract. The Commissioner or designee shall determine the amount of such payment.
I. Upon Termination of the Contract, all rights and remedies obligations except as specified in this article shall be null and void, so that no party shall have any further rights or obligations to any other party, except with respect to the sections which survive Termination. All representations, warranties, agreements and rights of the parties provided under the Contract shall survive such Termination to the extent not otherwise limited in the Contract and without each one of them having to be specifically mentioned in the Contract.
J. Termination of the Contract pursuant to this article are in addition section shall not be deemed to any other rights and remedies provided be a breach of contract by law or under this contractthe State.
Appears in 1 contract
Termination of Contract. A. 1. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest of the State. Any such termination shall be effected by delivery to the Construction Administrator Engineer of a written notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction AdministratorEngineer's address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction AdministratorDocuSign Envelope ID: A60D6628-9F94-4D6A-878A-E2216533B142 Engineer’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction AdministratorEngineer’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator Engineer shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator Engineer in performing her/his/its duties under this contract, whether completed or in progress. All such documents, information, and materials shall become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator Engineer as to failure to receive notice of such termination.
B. 2. If the termination is for the convenience of the State, the Construction Administrator Engineer shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.
C. 3. If the termination is for reason of failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator Engineer shall be liable to the State for any additional costs occasioned to the State thereby.
D. 4. If after notice of termination for failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations it is determined that the Construction Administrator Engineer had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator Engineer shall be entitled to reasonable compensation as provided in Section B Paragraph 2 of this articlesection.
E. 5. The rights and remedies of the parties provided in this article section are in addition to any other rights and remedies provided by law or under this contract.
Appears in 1 contract
Termination of Contract. A. 1. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest of the State. Any such termination shall be effected by delivery to the Construction Administrator Engineer of a written notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction AdministratorEngineer's address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction AdministratorEngineer’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction AdministratorEngineer’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator Engineer shall both immediately discontinue all services affected (unless the notice directs otherwise) and 217 Engineer's On-Call PAGE 8 OF 16 V:\ContractAdmin\Public\Documents\Documents 2019\On-Call Contracts\OC-DCS-MEP-0046-0050\OC-DCS-MEP-0047 (217).doc Xxxxxxxx Xx. XX-XXX-XXX-0000 X 000000 XxxxXxxx Envelope ID: 7B1830DA-47FB-49E6-8606-334E4D1D4DA3 deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator Engineer in performing her/his/its duties under this contract, whether completed or in progress. All such documents, information, and materials shall become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator Engineer as to failure to receive notice of such termination.
B. 2. If the termination is for the convenience of the State, the Construction Administrator Engineer shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.
C. 3. If the termination is for reason of failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator Engineer shall be liable to the State for any additional costs occasioned to the State thereby.
D. 4. If after notice of termination for failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations it is determined that the Construction Administrator Engineer had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator Engineer shall be entitled to reasonable compensation as provided in Section B Paragraph 2 of this articlesection.
E. 5. The rights and remedies of the parties provided in this article section are in addition to any other rights and remedies provided by law or under this contract.
Appears in 1 contract
Termination of Contract. A. 1. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest of the State. Any such termination shall be effected by delivery to DocuSign Envelope ID: 2192F255-9249-4764-B214-63793C62F63E the Construction Administrator Consultant of a written notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction Administrator's Consultant’s address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction AdministratorConsultant’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction AdministratorConsultant’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator Consultant shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator Consultant in performing her/his/its duties under this contract, whether completed or in progress. All such documents, information, and materials shall become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator Consultant as to failure to receive notice of such termination.
B. 2. If the termination is for the convenience of the State, the Construction Administrator Consultant shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.
C. 3. If the termination is for reason of failure of the Construction Administrator Consultant to fulfill her/his/its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator Consultant shall be liable to the State for any additional costs occasioned to the State thereby.
D. 4. If after notice of termination for failure of the Construction Administrator Consultant to fulfill her/his/its contract obligations it is determined that the Construction Administrator Consultant had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator Consultant shall be entitled to reasonable compensation as provided in Section B subsection 2 of this articlesection.
E. 5. The rights and remedies of the parties provided in this article section are in addition to any other rights and remedies provided by law or under this contract.
Appears in 1 contract
Samples: Consultant Contract
Termination of Contract. A. 1. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest of the State. Any such termination shall be effected by delivery to the Construction Administrator Engineer of a written notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction AdministratorEngineer's address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction AdministratorEngineer’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction AdministratorEngineer’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator Engineer shall both immediately discontinue all services affected (unless the notice directs otherwise) and 217 Engineer's On-Call PAGE 8 OF 16 V:\ContractAdmin\Public\Documents\Documents 2019\On-Call Contracts\OC-DCS-MEP-0046-0050\OC-DCS-MEP-0046 (217).doc Xxxxxxxx Xx. XX-XXX-XXX-0000 X 000000 XxxxXxxx Envelope ID: AECE6D57-4D36-4040-A557-AC57FD443458 deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator Engineer in performing her/his/its duties under this contract, whether completed or in progress. All such documents, information, and materials shall become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator Engineer as to failure to receive notice of such termination.
B. 2. If the termination is for the convenience of the State, the Construction Administrator Engineer shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.
C. 3. If the termination is for reason of failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator Engineer shall be liable to the State for any additional costs occasioned to the State thereby.
D. 4. If after notice of termination for failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations it is determined that the Construction Administrator Engineer had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator Engineer shall be entitled to reasonable compensation as provided in Section B Paragraph 2 of this articlesection.
E. 5. The rights and remedies of the parties provided in this article section are in addition to any other rights and remedies provided by law or under this contract.
Appears in 1 contract
Termination of Contract. A. 1. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest DocuSign Envelope ID: E25A68E7-4C46-4974-833D-3B4B3DBA1D2F of the State. Any such termination shall be effected by delivery to the Construction Administrator Engineer of a written notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction AdministratorEngineer's address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction AdministratorEngineer’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction AdministratorEngineer’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator Engineer shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator Engineer in performing her/his/its duties under this contract, whether completed or in progress. All such documents, information, and materials shall become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator Engineer as to failure to receive notice of such termination.
B. 2. If the termination is for the convenience of the State, the Construction Administrator Engineer shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.
C. 3. If the termination is for reason of failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator Engineer shall be liable to the State for any additional costs occasioned to the State thereby.
D. 4. If after notice of termination for failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations it is determined that the Construction Administrator Engineer had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator Engineer shall be entitled to reasonable compensation as provided in Section B Paragraph 2 of this articlesection.
E. 5. The rights and remedies of the parties provided in this article section are in addition to any other rights and remedies provided by law or under this contract.
Appears in 1 contract
Termination of Contract. A. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest of the State. Any such termination shall be effected by delivery to the Construction Administrator Engineer of a written notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction AdministratorConsultant's address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction AdministratorConsultant’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction AdministratorConsultant’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator Consultant shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator Consultant in performing its duties under this contract, whether completed or in progress. All such documents, information, and materials shall become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator Consultant as to failure to receive notice of such termination.
B. If the termination is for the convenience of the State, the Construction Administrator Consultant shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.
C. If the termination is for reason of failure of the Construction Administrator Consultant to fulfill its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator Consultant shall be liable to the State for any additional costs occasioned to the State thereby.
D. If after notice of termination for failure of the Construction Administrator Consultant to fulfill its contract obligations it is determined that the Construction Administrator Consultant had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator Consultant shall be entitled to reasonable compensation as provided in Section B of this article.
E. If the Consultant is a sole proprietor and the Consultant should die during the term of this contract, this contract shall be considered terminated. In the event of such termination, the Consultant's estate shall be entitled to a reasonable payment for any uncompensated work performed to the date of death, and the State DocuSign Envelope ID: 592EF65B-0000-0000-0000-90C6C5BB6342 shall have title to, and shall have the right to immediate use and possession of, all finished and unfinished documents prepared under this contract. The Commissioner shall determine the amount of such payment.
F. The rights and remedies of the parties provided in this article are in addition to any other rights and remedies provided by law or under this contract.
Appears in 1 contract
Samples: Environmental Consultant's Contract
Termination of Contract. A. 1. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner may terminate the contract whenever he/she he determines in his/her his sole discretion that such termination is in the best interest of the State. Any such termination shall be effected by delivery to the Construction Administrator Engineer of a written notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction AdministratorEngineer's address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction Administrator’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction Administrator’s fax number as furnished to the State for the purpose of noticescorrespondence, or by hand delivery. Upon receipt of such notice, the Construction Administrator Engineer shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator Engineer in performing her/his/its duties under this contract, whether completed or in progress. All such documents, information, and materials shall become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator as to failure to receive notice of such termination.
B. 2. If the termination is for the convenience of the State, the Construction Administrator Engineer shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.
C. 3. If the termination is for reason of failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator Engineer shall be liable to the State for any additional costs occasioned to the State thereby.
D. 4. If after notice of termination for failure of the Construction Administrator Engineer to fulfill her/his/its contract obligations it is determined that the Construction Administrator Engineer had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator Engineer shall be entitled to reasonable compensation as provided in Section B Paragraph 2 of this articlesection.
E. 5. The rights and remedies of the parties provided in this article section are in addition to any other rights and remedies provided by law or under this contract.
Appears in 1 contract
Termination of Contract. A. 1. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest of the State. Any such termination shall be effected by delivery to the Construction Administrator Consultant of a written notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction Administrator's Consultant’s address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction AdministratorConsultant’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction AdministratorConsultant’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator Consultant shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator Consultant in performing her/his/its duties under this contract, whether completed or in progress. All such documents, information, and materials shall become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator Consultant as to failure to receive notice of such termination.
B. 2. If the termination is for the convenience of the State, the Construction Administrator Consultant shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.
C. 3. If the termination is for reason of failure of the Construction Administrator Consultant to fulfill her/his/its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator Consultant shall be liable to the State for any additional costs occasioned to the State thereby.
D. 4. If after notice of termination for failure of the Construction Administrator Consultant to fulfill her/his/its contract obligations it is determined that the Construction Administrator Consultant had not so failed, the termination shall be deemed to have been effected for the DocuSign Envelope ID: 2C8B2354-49EE-4F26-8DCB-7C7BB19D44FD convenience of the State. In such event, the Construction Administrator Consultant shall be entitled to reasonable compensation as provided in Section B subsection 2 of this articlesection.
E. 5. The rights and remedies of the parties provided in this article section are in addition to any other rights and remedies provided by law or under this contract.
Appears in 1 contract
Termination of Contract. A. Notwithstanding any provisions or language in this contract to the contrary, the Commissioner may terminate the contract whenever he/she determines in his/her sole discretion that such termination is in the best interest of the State. Any such termination shall be effected by delivery to the Construction Administrator Claims Analyst of a written notice of termination. The notice of termination shall be sent by registered or certified mail to the Construction AdministratorClaims Analyst's address as furnished to the State for purposes of receiving notices under this contract, by email to the Construction AdministratorClaims Analyst’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Construction AdministratorClaims Analyst’s fax number as furnished to the State for the purpose of notices, or by hand delivery. Upon receipt of such notice, the Construction Administrator Claims Analyst shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Construction Administrator Claims Analyst in performing its duties under this contract, whether completed or in progress. All such documents, information, and materials shall become the property of the State. The mailing, email, fax, or hand delivery of such notice shall preclude any claim on the part of the Construction Administrator Claims Analyst as to failure to receive notice of such termination.
B. If the termination is for the convenience of the State, the Construction Administrator Claims Analyst shall be entitled to receive reasonable compensation for services already satisfactorily performed and accepted, but no amount shall be allowed for anticipated profit on unperformed services. The Commissioner shall determine the amount of such compensation.. DocuSign Envelope ID: AF8B62FE-AC55-4C8E-8EE8-B062AF768299
C. If the termination is for reason of failure of the Construction Administrator Claims Analyst to fulfill its contract obligations, the State may take over the work and prosecute the same to completion by contract or otherwise. In such event, the Construction Administrator Claims Analyst shall be liable to the State for any additional costs occasioned to the State thereby.
D. If after notice of termination for failure of the Construction Administrator Claims Analyst to fulfill its contract obligations it is determined that the Construction Administrator Claims Analyst had not so failed, the termination shall be deemed to have been effected for the convenience of the State. In such event, the Construction Administrator Claims Analyst shall be entitled to reasonable compensation as provided in Section B of this article.
E. The rights and remedies of the parties provided in this article are in addition to any other rights and remedies provided by law or under this contract.
Appears in 1 contract
Samples: On Call Claims Analyst Contract