TERMINATION, SUSPENSION OR ABANDONMENT. 7.1 The Design Professional may terminate the Agreement upon not less than thirty days written notice should the Owner fail substantially to perform in accordance with the terms of the Agreement through no fault of the Design Professional. Owner may terminate the Agreement or any phase thereof with or without cause upon thirty (30) days prior written notice to the Design Professional. All work and labor being performed under the Agreement shall cease immediately upon Design Professional’s receipt of such notice. Before the end of the thirty (30) day period, Design Professional shall invoice the Owner for all work it satisfactorily performed prior to the receipt of such notice. No amount shall be due for lost or anticipated profits. All plans, field surveys, and other data related to the Project shall become property of the Owner upon termination of the Agreement and shall be promptly delivered to the Owner in a reasonably organized form. Should Owner subsequently contract with a new Design Professional for continuation of services on the Project, Design Professional shall cooperate in providing information.
7.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Design Professional shall be compensated for services satisfactorily performed prior to notice of such suspension. When the Project is resumed, the Design Professional's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Design Professional's services.
7.3 The Agreement may be terminated by the Owner upon not less than seven days written notice to the Design Professional in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Design Professional or the Owner may terminate the Agreement by giving written notice.
7.4 Failure of the Owner to make payments to the Design Professional for work satisfactorily completed in accordance with the Agreement shall be considered substantial non- performance and cause for termination.
7.5 If the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement for services properly and satisfactorily performed, the Design Professional may, upon seven days written notice to the Owner, suspend performance of services under the Agreement.
7.6 In the event of termination not the fault of the Design Professional, the Design Professional shall be compensated for ser...
TERMINATION, SUSPENSION OR ABANDONMENT. In the event of termination, suspension or abandonment of the Project by the Owner, the Architect shall be compensated for services performed. The Owner’s failure to make payments in accordance with this Agreement shall be considered substantial nonperformance and sufficient cause for the Architect to suspend or terminate services. Either the Architect or the Owner may terminate this Agreement after giving no less than seven days’ written notice if the Project is suspended for more than 90 days, or if the other party substantially fails to perform in accordance with the terms of this Agreement. Except as otherwise expressly provided herein, this Agreement shall terminate one year from the date of Substantial Completion.
TERMINATION, SUSPENSION OR ABANDONMENT. This AGREEMENT may be terminated by either party upon not less than seven (7) days written notice should the other party fail substantially to perform in accordance with the terms of this AGREEMENT through no fault of the party initiating the termination. CONSULTANT shall be compensated in full for services performed and expenses incurred prior to the date of termination, suspension, or abandonment. OWNERSHIP OF DOCUMENTS: Plans, specifications, designs and reports prepared under this AGREEMENT by the CONSULTANT as instruments of service, are and shall remain the CONSULTANT's property, whether the project for which they are made is executed or not. The CLIENT shall be permitted to retain copies, including reproducible copies of plans, specifications, designs and reports, in connection with the use and occupancy of the specific project. The plans, specifications, designs and reports shall not be used by the CLIENT on other projects, for additions to this project, or for completion of this project by others except by agreement in writing and, provided the CONSULTANT is not in default under this AGREEMENT, without appropriate compensation to the CONSULTANT. SCOPE OF OPINIONS: Unless otherwise specifically stated, any information, documents, records, data, interpretations, or opinions given to the CLIENT by the CONSULTANT in the course of the CONSULTANT's performance of the Services shall be for the CLIENT's sole use and benefit and only in connection with the specific project for which the CONSULTANT was engaged by the CLIENT, and the same is not intended to be used or relied upon by the CLIENT for any other purpose nor is it intended to benefit or be relied upon by any third party. Any such unintended use or reliance by the CLIENT or by a third party shall be at the CLIENT's or said third party's own risk. Further, any interpretation or opinion given by the CONSULTANT to the CLIENT shall be limited to the specific laws and/or regulations addressed in the AGREEMENT as the same may be further qualified by the interpretations or opinion in question.
TERMINATION, SUSPENSION OR ABANDONMENT. 8.1 (Termination for Cause) In the first sentence, change “This agreement” to “This Agreement”. Change “seven” to “ten”. Add to the end: “, but this Paragraph shall apply only if the failure had a serious, adverse effect on the nonbreaching party’s performance and the failure is not substantially cured before termination The notice shall summarize the grounds for termination.”
8.2 (Suspension Payments) In the first sentence, after “If the ” insert “services of the Architect or the”. Add at the end: “In either case, the Architect shall not be entitled to other compensation.”
TERMINATION, SUSPENSION OR ABANDONMENT. 3.1 This agreement may be terminated by either party upon not less than thirty days written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination.
3.2 If the Project is suspended by the City for more than 60 consecutive days, the Engineer shall be compensated for services performed prior to notice of such suspension. This Agreement may be terminated by the City upon not less than seven days written notice to the Engineer in the event the Project is permanently abandoned. If the Project is abandoned by the City for more than 90 consecutive days, the Engineer may terminate this Agreement by giving written notice.
3.3 Failure of the City to make payments to the Engineer in accordance with this Agreement shall be considered substantial noncompliance and cause for termination. If the City fails to make payment when due, the Engineer may, upon 30 days written notice to City, suspend performance of services under this Agreement. Unless payment in full in received by Engineer within 30 days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the Engineer shall have no liability to the City for delay or damage caused by the City because of such suspension of services.
3.4 In the event of termination not the fault of Engineer, the Engineer shall be compensated for services performed prior to termination.
TERMINATION, SUSPENSION OR ABANDONMENT. 8.1. This Agreement may be terminated by either party with or without cause on (10) business days after receiving written notification provided that the Architect has received payment in full for all services performed in accordance with this Agreement or incurred prior to termination, together with Reimbursable Expenses then due.
8.2. If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Architect's services.
8.3. This Agreement may be terminated by the Owner upon not less than seven calendar days' written notice to the Architect in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Architect may terminate this Agreement by giving written notice.
8.4. Failure of the Owner to make payments to the Architect in accordance with this Agreement shall be considered substantial nonperformance and cause for termination.
8.5. If the Owner fails to make payment due the Architect for services and expenses, the Architect may, upon seven calendar days' written notice to the Owner, suspend performance of services under this Agreement. Unless payment in full is received by the Architect within seven calendar days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services.
8.6. In the event of termination not the fault of the Architect, the Architect shall be compensated for all services performed or incurred prior to termination, together with Reimbursable Expenses then due.
8.7. If the Architect for any reason does not complete all the services contemplated by this Agreement, the Architect cannot be responsible for the accuracy, completeness or workability of the contract documents prepared by the Architect if used, changed or completed by the Owner or by another party. Accordingly, the Owner agrees, to the fullest extent permitted by law, to indemnify and hold the Architect harmless from any claim, liability or cost (including reasonable attorneys' fees and defense costs) for injury or loss arising or allegedly arising from su...
TERMINATION, SUSPENSION OR ABANDONMENT. This Agreement and any Project Addendum may be terminated by either party upon not less than seven (7) days written notice should the other party fail substantially to perform in accordance with the terms of this Agreement and/or a Project Addendum through no fault of the party giving notice of termination.
TERMINATION, SUSPENSION OR ABANDONMENT. 8.1 This Agreement may be terminated by the Owner upon not less than seven (7) days’ written notice should the Consultant fail substantially to perform in accordance with the terms of this Agreement to the extent not due in whole or part to the fault of the Owner, the Town of Maynard, MassDOT, or any of their respective other consultants, and such failure is not cured within fourteen (14) days after receipt of such notice except as is otherwise expressly set forth herein including at Article 12 of this Agreement. Any termination of this Agreement hereunder shall not affect or impair the right of the Owner to recover damages occasioned by any default of the Consultant, to the extent not due to the fault of the Owner, the Town of Maynard, MassDOT or their respective other consultants, in whole or part, or to set off such damages against amounts otherwise owed to the Consultant.
8.2 If the Project is suspended by the Owner for more than one hundred and twenty (120) consecutive days, the Consultant shall be compensated for Services performed prior to notice of such suspension and expenses necessarily and reasonably incurred in order to suspend its services. If the Project is thereafter resumed, the Consultant shall not be entitled to additional compensation as a result of such interruption and resumption of the Consultant’s Services; provided that if the Project is suspended or the Consultant’s Services are suspended for more than one hundred eighty (180) consecutive days, the Consultant may terminate the Agreement by giving not less than seven (7) days written notice.
8.3 This Agreement may be terminated by the Owner for its convenience and without cause upon not less than ten (10) days’ written notice to the Consultant. In the event the Owner so terminates this Agreement without cause or for convenience, the Consultant shall be compensated for any unpaid and undisputed amount owed for Services performed prior to termination, together with Reimbursable Expenses, as described in Paragraph 10.1 hereof, incurred prior to termination.
8.4 For purposes of this section, it is acknowledged that the Consultant’s services under the contract are personal services and may not be assumed by or assigned by a trustee in bankruptcy.
8.5 In the event of termination, the Consultant shall promptly deliver to the Town copies of all Instruments of Service developed under this Agreement to the time of termination subject to the restrictions on use and re-use of Instruments of S...
TERMINATION, SUSPENSION OR ABANDONMENT. 9.1 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination.
9.2 If the Project is suspended by DEMARCO for more than 30 consecutive days, the Projecx Xxxxxer shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Project Managers' compensation shall be equitable adjusted to provide for expenses incurred in the interruption and resumption of the Project Manager's services.
9.3 This Agreement may be terminated by DEMARCO upon not less than seven days' written notice xx xxx Project Manager in the event that the Project is permanently abandoned. If the Project is abandoned by DEMARCO for more than 90 consecutive days, the Projecx Xxxxxer may terminate this Agreement by giving written notice.
TERMINATION, SUSPENSION OR ABANDONMENT. In the event of termination, suspension or abandonment of the Project by the Owner, the Engineer shall be compensated for Services performed. The Owner’s failure to make payments in accordance with this Agreement shall be considered substantial nonperformance and sufficient cause for the Engineer to suspend or terminate services upon no less than seven days’ written notice but only if Owner’s failure to make payments is not cured within such seven day period. Either the Engineer or the Owner may terminate this Agreement after giving no less than seven days’ written notice if the Project is suspended for more than 90 days, or if the other party substantially fails to perform in accordance with the terms of this Agreement but only if said failure to perform is not cured within such seven day period.
