Common use of TERMINATION OR SUSPENSION OF THIS AGREEMENT Clause in Contracts

TERMINATION OR SUSPENSION OF THIS AGREEMENT. The Owner or Architect/Engineer may terminate this Agreement upon giving written notice to the other that such party has defaulted and failed to fulfill its obligations under this Agreement. The written notice must contain an itemized description and accounting of default and failure. In the event of such default, the Architect/Engineer or Owner shall allow ten (10) calendar days for corrective action or submission of a corrective action plan by the other party. The ten (10) days shall be based upon the date of receipt of the notice by the other party. Should no satisfactory corrective action be taken or acceptable corrective action plan be provided by the defaulting party, the other shall have right to immediately terminate the Agreement through a subsequent written notice of termination. The Owner may terminate this Agreement without cause or for convenience at any time upon giving written notice to the Architect/Engineer. If the Agreement is terminated without cause or for convenience, the Architect/Engineer shall be compensated for all services rendered prior to receiving the written notice. If the Architect/Engineer fails to fulfill his obligations and the Agreement is terminated, the Owner may prosecute the Project to completion by contract or other means available. The Architect/Engineer shall be liable to the Owner for any and all additional costs incurred due to the Architect/Engineer’s failure to perform. The rights and remedies available to the Owner provided herein are in addition to any and all other rights and remedies provided by law or equity. If the Owner fails to make payments to the Architect/Engineer in accordance with this Agreement, such failure shall be considered substantial non-performance and cause for termination subject to the written notice provision above or, at the Architect/Engineer’s option, cause for suspension of performance of services under this Agreement. If the Architect/Engineer elects to suspend services, prior to suspension of services the Architect/Engineer shall also give ten (10) days written notice to the Owner. In the event of a suspension of services, the Architect/Engineer shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. The Architect/Engineer shall resume services upon corrective action or submission of a corrective action plan by the Owner. The Architect/Engineer cannot terminate this Agreement or suspend services if the Project is suspended or delayed by the Owner. The Owner shall notify the Architect/Engineer concerning any suspension or delay and may direct the Architect/Engineer to suspend services accordingly. Any and all expenses, termination costs, anticipated overhead and profit, and consequential costs as a result of any delay, suspension, or termination of this Agreement are specifically excluded and shall not be due the Architect/Engineer.

TERMINATION OR SUSPENSION OF THIS AGREEMENT. 1.13.1 The Owner or Architect/Engineer may terminate this Agreement upon giving written notice to the other that such party has defaulted and failed to fulfill its obligations under this Agreement. The written notice must contain an itemized description and accounting of default and failure. In the event of such default, the Architect/Engineer or Owner shall allow ten (10) calendar days for corrective action or submission of a corrective action plan by the other party. The ten (10) days shall be based upon the date of receipt of the notice by the other party. Should no satisfactory corrective action be taken or acceptable corrective action plan be provided by the defaulting party, the other shall have right to immediately terminate the Agreement through a subsequent written notice of termination. . 1.13.2 The Owner may terminate this Agreement without cause or for convenience at any time upon giving written notice to the Architect/Engineer. If the Agreement is terminated without cause or for convenience, the Architect/Engineer shall be compensated for all services rendered prior to receiving the written notice. . 1.13.3 If the Architect/Engineer fails to fulfill his obligations and the Agreement is terminated, the Owner may prosecute the Project to completion by contract or other means available. The Architect/Engineer shall be liable to the Owner for any and all additional costs incurred due to the Architect/Engineer’s failure to perform. The rights and remedies available to the Owner provided herein are in addition to any and all other rights and remedies provided by law or equity. . 1.13.4 If the Owner fails to make payments to the Architect/Engineer in accordance with this Agreement, such failure shall be considered substantial non-performance and cause for termination subject to the written notice provision above or, at the Architect/Engineer’s option, cause for suspension of performance of services under this Agreement. If the Architect/Engineer elects to suspend services, prior to suspension of services the Architect/Engineer shall also give ten (10) days written notice to the Owner. In the event of a suspension of services, the Architect/Engineer shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. The Architect/Engineer shall resume services upon corrective action or submission of a corrective action plan by the Owner. . 1.13.5 The Architect/Engineer cannot terminate this Agreement or suspend services if the Project is suspended or delayed by the Owner. The Owner shall notify the Architect/Engineer concerning any suspension or delay and may direct the Architect/Engineer to suspend services accordingly. . 1.13.6 Any and all expenses, termination costs, anticipated overhead and profit, and consequential costs as a result of any delay, suspension, or termination of this Agreement are specifically excluded and shall not be due the Architect/Engineer.

TERMINATION OR SUSPENSION OF THIS AGREEMENT. The Owner or Architect/Engineer may terminate this Agreement upon giving written notice to the other that such party has defaulted and failed to fulfill its obligations under this Agreement. The written notice must contain an itemized description and accounting of default and failure. In the event of such default, the Architect/Engineer or Owner shall allow ten (10) calendar days for corrective action or submission of a corrective action plan by the other party. The ten (10) days shall be based upon the date of receipt of the notice by the other party. Should no satisfactory corrective action be taken taken, or acceptable corrective action plan be provided by the defaulting party, the other shall have right to immediately terminate the Agreement through a subsequent written notice of termination. The Owner may terminate this Agreement without cause or for convenience at any time upon giving written notice to the Architect/Engineer. If the Agreement is terminated without cause or for convenience, the Architect/Engineer shall be compensated for all services rendered prior to receiving the written notice. If the Architect/Engineer fails to fulfill his obligations and the Agreement is terminated, the Owner may prosecute the Project to completion by contract or other means available. The Architect/Engineer shall be liable to the Owner for any and all additional costs incurred due to the Architect/Engineer’s failure to perform. The rights and remedies available to the Owner provided herein are in addition to any and all other rights and remedies provided by law or equity. If the Owner fails to make payments to the Architect/Engineer in accordance with this Agreement, such failure shall be considered substantial non-performance and cause for termination subject to the written notice provision above or, at the Architect/Engineer’s option, cause for suspension of performance of services under this Agreement. If the Architect/Engineer elects to suspend services, prior to suspension of services the Architect/Engineer shall also give ten (10) days written notice to the Owner. In the event of a suspension of services, the Architect/Engineer shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. The Architect/Engineer shall resume services upon corrective action or submission of a corrective action plan by the Owner. The Architect/Engineer cannot terminate this Agreement or suspend services if the Project is suspended or delayed by the Owner. The Owner shall notify the Architect/Engineer concerning any suspension or delay and may direct the Architect/Engineer to suspend services accordingly. Any and all expenses, termination costs, anticipated overhead and profit, and consequential costs as a result of any delay, suspension, or termination of this Agreement are specifically excluded and shall not be due the Architect/Engineer.