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 services properly and satisfactorily performed prior to termination.
Appears in 16 contracts
Samples: Professional Services Agreement, Professional Services Agreement, Professional Services Agreement
TERMINATION, SUSPENSION OR ABANDONMENT. 7.1 The Design Professional may terminate the Agreement 1. THIS AGREEMENT MAY BE TERMINATED by either party upon not less than thirty seven days written notice should the Owner other party fail substantially to perform in accordance with the terms of the this Agreement through no fault of the Design Professional. Owner may terminate party initiating 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 informationtermination.
7.2 2. If the Project is suspended by the Owner for more than 30 consecutive daysthree months or abandoned in whole or in part, the Design Professional shall ARCHITECT/ENGINEER will be compensated for services satisfactorily performed prior to receipt of written notice from the OWNER of such suspension. When the Project is resumedsuspension or abandonment, the Design Professional's compensation shall be equitably adjusted to provide for expenses incurred together with Reimbursable Expenses then due and all Termination Expenses as defined 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 abandonedSection II, Article 4.4 resulting from such suspension or abandonment. If the Project is abandoned by the Owner resumed after being suspended for more than 90 consecutive daysthree months, this Agreement will be subject to renegotiations.
3. If the Design Professional Project is suspended for more than two years, said determination of suspension to be made by the OWNER in good faith, then upon written notice given to the ARCHITECT/ENGINEER by the OWNER, this Agreement will terminate, and any outstanding obligations remaining under this Agreement on the part of either the OWNER or the Owner may terminate the Agreement by giving written noticeARCHITECT/ENGINEER will be deemed satisfactory.
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 4. In the event of termination not due to the fault of parties other than the Design ProfessionalARCHITECT/ENGINEER, the Design Professional shall ARCHITECT/ENGINEER will be compensated for services properly performed to termination date, including Reimbursable Expenses then due and satisfactorily performed prior all Termination Expenses as defined in Section II, Article 4.4.
5. TERMINATION EXPENSES are in addition to compensation for Basic and Additional Services, and include expenses directly attributable to termination. Termination Expenses will be computed as a percentage of the total compensated for Basic Services earned to the time of termination, as follows: Twenty percent (20%) of the total compensation for Basic Services earned to date if termination occurs during the Schematic Design Phase; or Ten percent (10%) of the total compensation for Basic Services earned to date if termination occurs during the Design Development Phase; or Five percent (5%) of the total compensation for Basic Services earned to date if termination occurs during the Construction Documents or Bid Phases; or Zero percent (0%) of the total compensation for Basic Services earned to date if termination occurs during the Construction Administration Phase.
6. The ARCHITECT/ENGINEER warrants that he/she has not employed or retained any company or person, other than a bona fide employee working solely for him/her, to solicit or secure this Agreement and that he/she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for him/her, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from award or making of this Agreement.
7. Upon violation of Section II, Article 4.4, the OWNER will have the right to terminate this Agreement without liability and, at OWNER'S discretion, to deduct from the ARCHITECT/ENGINEER'S fee, or otherwise recover, the full amount of such fee, commission, percentage or consideration.
Appears in 4 contracts
Samples: Design Services Agreement, Design Services Agreement, Design Services Agreement
TERMINATION, SUSPENSION OR ABANDONMENT. 7.1 The Design Professional may terminate a. District has the right to terminate, suspend or abandon any portion or all of the work under this Agreement upon not less than thirty by giving ten (10) calendar days written notice should to Engineer. In such event, District shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and all other Project Documents, as defined below, produced or developed for that portion of the Owner fail substantially work completed and/or being terminated, suspended or abandoned. District shall pay Engineer the reasonable value of services rendered for any portion of the work completed prior to termination, suspension or abandonment, less any claims for damages due to Engineer’s default. Engineer hereby waives any claim for damages or additional compensation except as set forth herein. Upon payment of the amount required to be paid to Engineer pursuant to the termination provisions of this Agreement, District shall have the rights, as provided in this Agreement, to use all Project Documents prepared by or on behalf of Engineer under this Agreement. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by District and Engineer of the portion of such task completed but not paid prior to said termination. District shall not be liable for any costs other than the charges or portions thereof which are specified herein. Engineer shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Engineer may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to District only in the event of substantial failure by District to perform in accordance with the terms of the this 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 informationEngineer.
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 c. In the event of termination not the fault of the Design Professionalthis Agreement is terminated in whole or in part as provided herein, the Design Professional shall be compensated for District may procure, upon such terms and in such manner as it may determine appropriate, services properly and satisfactorily performed prior similar to terminationthose terminated.
Appears in 3 contracts
Samples: Professional Services, Professional Services, Professional Services
TERMINATION, SUSPENSION OR ABANDONMENT. 7.1 The Design Professional may terminate the Agreement upon not less than thirty days written notice should the Owner 12.1. If either party shall substantially fail substantially to perform in accordance with the terms of the this Agreement through no fault of the Design Professional. Owner other party, the non-breaching party may terminate the this Agreement or any phase thereof with or without cause upon thirty by delivering seven (307) days prior days’ 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 informationtermination.
7.2 12.2. If the Project project is suspended by the Owner for more than 30 thirty (30) consecutive days, the Design Professional Consultant 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 12.3. This Agreement may be terminated by the Owner upon not less than seven days (7) days’ written notice to the Design Professional Consultant in the event that the Project project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 ninety (90) consecutive days, the Design Professional or the Owner Consultant may terminate the this 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 12.4. If the Owner fails to make payment to when due the Design Professional within thirty (30) days of receipt of a statement Consultant for services properly and satisfactorily performedexpenses, the Design Professional Consultant may, upon seven days (7) days’ written notice to the Owner, suspend performance of services under this Agreement. Unless payment in full is received by the AgreementDesign Consultant within seven days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the Design Consultant shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services.
7.6 12.5. In the event of termination not the fault of the Design ProfessionalConsultant, the Design Professional Consultant shall be compensated for services properly and satisfactorily performed prior to termination, together with Reimbursable Expenses then due. This shall be the exclusive remedy for termination.
12.6. Owner shall have no liability to the Design Consultant for any delay or damage caused the Design Consultant due to suspension of the work, or due to any other delay, interruption, hindrance, or interference.
12.7. Should the Owner terminate this agreement for any reason under this Article, the Owner will acquire such drawings, including the ownership and use of all drawings, specifications, documents and materials relating to the Project prepared by or in the possession of the Design Consultant. The Design Consultant will turn over to the Owner in a timely manner and in good unaltered condition all original drawings, specifications, documents, materials, and computer files related to the project.
Appears in 3 contracts
Samples: Design Consultant Services Agreement, Design Consultant Services Agreement, Design Consultant Services Agreement
TERMINATION, SUSPENSION OR ABANDONMENT. 7.1 The Design Professional 8.1 This Agreement may terminate the Agreement be terminated by either party upon not less than thirty days seven (7) days’ written notice should the Owner other party fail substantially to perform in accordance with the terms of the this Agreement through no fault of the Design Professionalparty initiating the termination. Owner may terminate Should either party exercise the Agreement or any phase thereof with or without cause upon thirty (30) days prior right of termination, the written notice to shall set forth 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 nature 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 party’s failure in performance 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 informationAgreement.
7.2 8.2 If the Project is suspended by the Owner for more than 30 ninety (90) consecutive days, the Design Professional Architect shall be compensated for services satisfactorily performed prior to notice of such suspension. When the Project is resumed, the Design Professional's Architect’s compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Design Professional's Architect’s services.
7.3 The 8.3 This Agreement may be terminated for any reason by the Owner upon not less than seven days (7) calendar days’ written notice to the Design Professional in the event that the Project is permanently abandonedArchitect. If the Project is abandoned by the Owner for more than 90 ninety (90) consecutive days, the Design Professional or the Owner Architect may terminate the this Agreement by giving written notice.
7.4 8.4 Failure of the Owner to make payments to the Design Professional for work satisfactorily completed Architect in accordance with the this Agreement shall be considered substantial non- performance nonperformance and cause for termination.
7.5 8.5 If the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement when due the Architect for services properly and satisfactorily performedexpenses, the Design Professional Architect may, upon seven days (7) days’ written notice to the Owner, suspend performance of services under this Agreement. Unless payment in full is received by the AgreementArchitect within seven 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.
7.6 8.6 In the event of termination not the fault of the Design ProfessionalArchitect, the Design Professional Architect shall be compensated for services properly and satisfactorily performed prior to termination, together with reimbursable expenses then due.
8.7 Upon termination of this Agreement, the Architect shall perform no further services, except as requested in writing by the Owner or as may be necessary to preserve the work.
Appears in 3 contracts
Samples: Agreement for Professional Architectural Design Services, Professional Services, Agreement for Professional Architectural Design Services
TERMINATION, SUSPENSION OR ABANDONMENT. 7.1 The Design Professional 9.1 This Agreement may terminate the Agreement be terminated by either party upon not less than thirty days seven (7) calendar days' prior written notice should the Owner other party fail substantially to perform in accordance with the terms of the this Agreement through no fault of the Design Professional. Owner may terminate party initiating 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 informationtermination.
7.2 9.2 If the Project is suspended by the Owner for more than 30 sixty (60) consecutive days, the Design Professional Architect/Engineer shall be compensated for services satisfactorily performed prior to notice of such suspensionsuspension subject to Owner’s receipt of all required documentation evidencing same. When If the Project is resumedsuspended for more than one year, then the Design ProfessionalArchitect/Engineer's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Design ProfessionalArchitect/Engineer's servicesservices when the Project is resumed.
7.3 The 9.3 This Agreement may be terminated by the Owner upon not less than seven days (7) calendar days' written notice to the Design Professional Architect/Engineer in the event that the Project is permanently abandoned. .
9.3.1 If the Project is abandoned suspended by the Owner for more than 90 ninety (90) consecutive days, the Design Professional or the Owner Architect/Engineer may terminate the this 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 at least thirty (30) days of receipt of a statement for services properly and satisfactorily performed, the Design Professional may, upon seven days prior written notice to the Owner, suspend performance of services under the Agreementnotice.
7.6 9.4 In the event of termination termination, not the fault of the Design ProfessionalArchitect/Engineer, the Design Professional Architect/Engineer shall be compensated for services properly and satisfactorily performed prior to termination, together with Reimbursable Expenses (hereinafter defined) then due and all “Termination Expenses” as defined below. This shall be the Architect/Engineer’s sole remedy at law or in equity.
9.5 Termination Expenses are in addition to compensation for Basic and Additional Services, and include expenses which are directly attributable to termination. Termination Expenses shall only be due in the event that this Agreement is terminated through no fault of Architect/Engineer or its consultants or representatives, and shall be computed as a percentage of the total compensation for Basic Services earned to the time of termination, as follows:
i. Twenty percent (20%) of the total compensation for Basic Services earned to date if termination occurs during the Schematic Design Phases; ii. Ten percent (10%) of the total compensation for Basic Services earned to date if termination occurs during the Design Development Phase; or
Appears in 2 contracts
Samples: Architect/Engineer Agreement, Agreement Between Owner and Architect/Engineer
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 8.1 This Agreement may be terminated by the Owner upon not less than seven days (7) days’ written notice should the Consultant fail substantially to perform in accordance with the terms of this Agreement to the Design Professional extent not due to the fault of the Owner 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 Town to recover damages occasioned by any default of the Consultant, to the extent not due to the fault of the Town, or their respective other consultants, in whole or part, or to set off such damages against amounts otherwise owed to the event that the Project is permanently abandoned. Consultant.
8.2 If the Project is abandoned suspended by the Owner for more than 90 one hundred and twenty (120) consecutive daysdays during the development and prior to completion of the 25% design phase or during the development and prior to completion of the 25% to 100% design phase, the Design Professional 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 Owner Consultant’s Services are suspended for more than one hundred eighty (180) consecutive days prior to completion of the 25% design phase or prior to completion of the 25% to 100% design phase, the Consultant may terminate the Agreement by giving not less than seven (7) days written notice.
7.4 Failure 8.3 If, pursuant to the Section A. Project Phasing, the Owner suspends the project after the completion of the Owner to make payments to the Design Professional for work satisfactorily completed in accordance 25% design phase, but before commencing with tasks associated with the Agreement 25% to 100% design phase, for more than one (1) year, the Owner and Consultant shall be considered substantial non- performance reevaluate and cause for terminationadjust the hourly billing rates in Exhibit D. to accommodate wage increases accordingly.
7.5 If 8.4 This Agreement may be terminated by the Owner fails to make payment to Design Professional within thirty for its convenience and without cause upon not less than ten (3010) days of receipt of a statement for services properly and satisfactorily performed, the Design Professional may, upon seven days days’ written notice to the OwnerConsultant. In the event the Owner so terminates this Agreement without cause or for convenience, suspend performance 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.
8.5 For purposes of this section, it is acknowledged that the Consultant’s services under the Agreementthis Agreement are personal services and may not be assumed by or assigned by a trustee in bankruptcy.
7.6 8.6 In the event of termination not the fault of the Design Professionaltermination, the Design Professional Consultant shall be compensated for services properly 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 satisfactorily performed prior to terminationre-use of Instruments of Service set forth in Article 6 “Use of Consultant’s Drawings, Specifications, and Documents”.
Appears in 2 contracts
Samples: Consultant Agreement, Consultant Agreement
TERMINATION, SUSPENSION OR ABANDONMENT. 7.1 The Design Professional 5.1 This Contract may terminate the Agreement be terminated by either party upon not less than thirty days seven (7) days' written notice should the Owner other party fail substantially to perform in accordance with the terms of the Agreement this Contract through no fault of the Design Professional. Owner may terminate party initiating 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 informationtermination.
7.2 5.2 If the Project is suspended by the Owner for more than 30 ninety (90) consecutive days, the Design Professional CM shall be compensated for services satisfactorily performed prior to notice of such suspension. When the Project is resumed, the Design Professional's CM’s compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Design Professional's CM’s services.
7.3 The Agreement 5.3 This Contract may be terminated by the Owner upon not less than seven days (7) days' written notice to the Design Professional CM in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 ninety (90) consecutive days, the Design Professional or the Owner CM may terminate the Agreement this Contract by giving written notice.
7.4 5.4 Failure of the Owner to make payments to the Design Professional for work satisfactorily completed CM in accordance with the Agreement this Contract shall be considered substantial non- performance nonperformance and cause for termination.
7.5 5.5 If the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement when due the CM for services properly and satisfactorily performedexpenses, the Design Professional CM may, upon seven days (7) days' written notice to the Owner, suspend performance of services under this Contract. Unless payment in full is received by the Agreement.
7.6 CM within seven (7) days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the CM shall have no liability to the Owner for delay or damage caused the Owner because of such suspension.
5.6 If the CM does not perform the services herein for a period of fifteen (15) days after Owner approval or refuses to begin performance and diligently perform to completion, the Owner may terminate this Contract and the CM shall not be entitled to receive any compensation except sums already earned but not yet paid.
5.7 Notwithstanding paragraph 5.1, Owner may, at any time and for any reason, terminate this Contract upon not less than seven (7) days written notice to the CM. Under such circumstances, this Contract shall terminate on the date set forth in such written notice. In the event of such termination not for convenience, the fault CM shall be entitled only to payment of that portion of the Design ProfessionalContract Sum, as amended, which theretofore has not been paid to the CM and which shall compensate the CM for all services actually performed by the CM up to the date of termination.
5.8 In the event of any termination under this Article 5, the Design Professional CM consents to Owner's selection of another CM of Owner's choice to assist the Owner in any way in completing the Project. The CM further agrees to cooperate and provide any information requested by Owner in connection with the completion of the Project and consents to and authorizes the making of any reasonable changes to the Project by Owner and such other CM as the Owner may desire. Any services provided by CM which are requested by Owner after termination shall be fairly compensated for by Owner.
5.9 The CM acknowledges and understands that the Project is being constructed on public property owned by the Owner, which property may at various times during preconstruction services properly be occupied by students, teachers, parents and satisfactorily performed prior school administrators. Accordingly, in order to termination.secure the property, and otherwise comply with applicable law, the CM agrees to the following provisions and also agrees that the failure to comply with any of these provisions may result in the termination of this Contract:
Appears in 2 contracts
Samples: Contract Between Owner and Construction Manager for Preconstruction Services, Contract Between Owner and Construction Manager for Preconstruction Services
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 This Agreement may be terminated by the Owner upon not less than seven days (7) days’ written notice should the Consultant fail substantially to perform in accordance with the terms of this Agreement to the Design Professional extent not due to the fault of the Owner 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 Town to recover damages occasioned by any default of the Consultant, to the extent not due to the fault of the Town, or their respective other consultants, in whole or part, or to set off such damages against amounts otherwise owed to the event that the Project is permanently abandonedConsultant. If the Project is abandoned suspended by the Owner for more than 90 one hundred and twenty (120) consecutive daysdays during the development and prior to completion of the 25% design phase or during the development and prior to completion of the 25% to 100% design phase, the Design Professional 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 Owner Consultant’s Services are suspended for more than one hundred eighty (180) consecutive days prior to completion of the 25% design phase or prior to completion of the 25% to 100% design phase, the Consultant may terminate the Agreement by giving not less than seven (7) days written notice.
7.4 Failure . If, pursuant to the Section A. Project Phasing, the Owner suspends the project after the completion of the Owner to make payments to the Design Professional for work satisfactorily completed in accordance 25% design phase, but before commencing with tasks associated with the Agreement shall be considered substantial non- performance and cause 25% to 100% design phase, for termination.
7.5 If more than one (1) year, the Owner fails and Consultant shall reevaluate and adjust the hourly billing rates in Exhibit D. to make payment to Design Professional within thirty accommodate wage increases accordingly. This Agreement may be terminated by the Owner for its convenience and without cause upon not less than ten (3010) days of receipt of a statement for services properly and satisfactorily performed, the Design Professional may, upon seven days days’ written notice to the Owner, suspend performance of services under the Agreement.
7.6 Consultant. In the event of termination not the fault of the Design ProfessionalOwner so terminates this Agreement without cause or for convenience, the Design Professional Consultant shall be compensated for services properly any unpaid and satisfactorily undisputed amount owed for Services performed prior to termination, together with Reimbursable Expenses, as described in Paragraph 10.1 hereof, incurred prior to termination. For purposes of this section, it is acknowledged that the Consultant’s services under this Agreement are personal services and may not be assumed by or assigned by a trustee in bankruptcy.
Appears in 2 contracts
Samples: Design and Engineering Services Agreement, Consultant Agreement
TERMINATION, SUSPENSION OR ABANDONMENT. 7.1 10.1. The Design Professional Agreement may terminate the Agreement be terminated by Contractor upon not less than thirty days ten (10) days’ prior written notice should the Owner A/E fail substantially to perform in accordance with the terms of the Agreement through no fault of Contractor and such default has not been cured within ten (10) days after written notice thereof has been delivered to A/E. In addition, Contractor shall have the Design Professional. Owner may right to terminate the Agreement if: (a) A/E makes a general assignment for the benefits of its creditors; (b) a receiver is appointed on account of the insolvency of A/E; or (c) A/E materially breaches any phase thereof with term or without cause provision of this Agreement.
10.2. Contractor shall have the right, at any time, to suspend the Project 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 A/E. If the Project is suspended by the Owner Contractor for more than 30 90 consecutive days, the Design Professional then A/E shall be compensated for services satisfactorily Services properly performed prior to notice of such suspensionsuspension upon receipt of payment from Owner for such Services. When the Project is resumed, A/E shall have a right to request an equitable adjustment of the Design Professional's compensation shall be equitably adjusted to provide price for the Scope of Work for expenses incurred in the interruption and resumption of A/E’s Services. The foregoing equitable adjustment shall take into account only the Design Professional's servicesactual direct increase in A/E’s cost of performing its Services as the result of such suspensions. A/E shall have no other right to compensation for extended overhead or other consequential damages.
7.3 10.3. The Agreement may be terminated by the Owner Contractor at its convenience, without cause or fault, upon not less than seven days (7) 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 A/E. In the event of termination for convenience not the fault of the Design ProfessionalA/E, the Design Professional A/E shall be compensated for services Services properly and satisfactorily performed prior to termination, together with Reimbursable Expenses then due and reasonable and demonstrable demobilization expenses, if any. Contractor shall not be responsible for A/E’s lost profit or overhead on the terminated portion of A/E’s Services or for Services not performed.
10.4. In the event of any termination by Contractor under this Article 10, A/E shall promptly deliver to Contractor A/E’s Work Product in a format as reasonably requested by Contractor.
10.5. Any termination under Section 10.1 that is deemed improper or wrongful shall be deemed a termination for convenience under Section 10.3, and A/E shall be compensated only as provided in Section 10.3.
Appears in 2 contracts
Samples: Architectural/Engineering Services Contract, Architectural/Engineering Services Contract
TERMINATION, SUSPENSION OR ABANDONMENT. 7.1 The Design Professional This Agreement may terminate the Agreement be terminated by either party upon not less than thirty seven (7) days written notice should the Owner other party fail substantially to perform in accordance with the terms of the this Agreement through no fault of the Design Professional. Owner may terminate party initiating 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 informationtermination.
7.2 If the Project is suspended by the Owner for more than 30 ninety (90) 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 This Agreement may be terminated by the Owner upon not less than seven (7) 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 ninety (90) consecutive days, the Design Professional or the Owner may terminate the this 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 this Agreement shall be considered substantial non- performance nonperformance and cause for termination.
7.5 If the Owner fails to make payment to when due the Design Professional within thirty (30) days of receipt of a statement for services properly and satisfactorily performedexpenses, the Design Professional may, upon seven days (7) days' written notice to the Owner, suspend performance of services under this Agreement. Unless payment in full is received by the Agreement.
7.6 Design Professional within seven (7) days of the date of the notice, the suspension shall take effect without further notice. In the event of termination not the fault a suspension of the Design Professionalservices, the Design Professional shall have no liability to the Owner for delay or damage caused the Owner because of such suspension.
7.6 If the Design Professional does not perform the services herein for a period of fifteen (15) days after Owner approval or refuses to begin performance and diligently perform to completion, the Owner may terminate this Agreement and the Design Professional shall not be entitled to receive any compensation except fees already earned but not yet paid.
7.7 Notwithstanding 7.1 any other provision herein, Owner may, at any time and for any reason, terminate this Agreement upon not less than seven (7) days written notice to the Design Professional. Under such circumstances, this Agreement shall terminate on the date set forth in
7.8 In the event of any termination under this Article, the Design Professional consents to Owner's selection of another Design Professional of Owner's choice to assist the Owner in any reasonable way in completing the Project. The Design Professional further agrees to cooperate and provide any information requested by Owner in connection with the completion of the Project and consents to and authorizes the making of any reasonable changes to the design of the Project by Owner and such other Design Professional as the Owner may desire. Any services provided by Design Professional which are requested by Owner after termination shall be fairly compensated for services properly by Owner.
7.9 The Design Professional acknowledges and satisfactorily performed prior understands that the Project is being constructed on public property owned by the Owner, which property may at various times during construction be occupied by students, teachers, parents and school administrators. Accordingly, in order to termination.secure the property, and otherwise comply with applicable law, the Design Professional agrees to the following provisions and also agrees that the failure to comply with any of these provisions may results in the termination of this Agreement:
Appears in 2 contracts
Samples: Agreement Between Owner and Design Professional for Design and Construction Administration Services, Agreement Between Owner and Design Professional for Design and Construction Administration Services
TERMINATION, SUSPENSION OR ABANDONMENT. 7.1 The Design Professional .1 This Agreement may terminate the Agreement be terminated by either party upon not less than thirty seven days written notice should the Owner other party fail substantially to perform in accordance with the terms of the this Agreement through no fault of the Design Professional. Owner may terminate party initiating 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 informationtermination.
7.2 .2 If the Project is suspended by the Owner for more than 30 consecutive daysthree months or abandoned in whole or in part, the Design Professional shall Architect/Engineer will be compensated for services satisfactorily performed prior to receipt of written notice from the Owner of such suspension. When the Project is resumedsuspension or abandonment, the Design Professional's compensation shall be equitably adjusted to provide for expenses incurred together with Reimbursable Expenses then due and all Termination Expenses as defined 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 abandonedthis Section 4, Article 4.4 resulting from such suspension or abandonment. If the Project is abandoned resumed after being suspended for more than three months, this Agreement will be subject to renegotiations.
.3 If the Project is suspended for more than two years, said determination of suspension to be made by the Owner for more than 90 consecutive daysin good faith, the Design Professional or the Owner may terminate the Agreement by giving then upon written notice.
7.4 Failure of the Owner to make payments notice given 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 Architect/Engineer by the Owner, suspend performance this Agreement will terminate, and any outstanding obligations remaining under this Agreement on the part of services under either the AgreementOwner or the Architect/Engineer will be deemed satisfactory.
7.6 .4 In the event of termination not due to the fault of parties other than the Design ProfessionalArchitect/Engineer, the Design Professional shall Architect/Engineer will be compensated for services properly performed to termination date, including Reimbursable Expenses then due and satisfactorily performed prior all Termination Expenses as defined in this Section 4, Article 4.4.
.5 Termination Expenses are in addition to compensation for Basic and Additional Services and include expenses directly attributable to termination. Termination Expenses will be computed as a percentage of the total compensated for Basic Services earned to the time of termination, as follows: Twenty percent (20%) of the total compensation for Basic Services earned to date if termination occurs during the Schematic Design Phase; or Ten percent (10%) of the total compensation for Basic Services earned to date if termination occurs during the Design Development Phase; or Five percent (5%) of the total compensation for Basic Services earned to date if termination occurs during the Construction Documents or Bid Phases; or Zero percent (0%) of the total compensation for Basic Services earned to date if termination occurs during the Construction Administration Phase.
.6 The Architect/Engineer warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for them, to solicit or secure this Agreement and that they have not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for them, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from award or making of this Agreement.
.7 Upon violation of this Section 4, Article 4.4, the Owner will have the right to terminate this Agreement without liability and, at Owner’s discretion, to deduct from the Architect/Engineer’s fee, or otherwise recover, the full amount of such fee, commission, percentage, or consideration.
Appears in 1 contract
Samples: Design Services Agreement
TERMINATION, SUSPENSION OR ABANDONMENT. 7.1 The Design Professional This Agreement shall terminate as provided in Article 2.3 In the event that the election does not result in a majority vote approving the bond for the Project, this Agreement shall terminate.
7.2 This Agreement may terminate the Agreement be terminated by either party upon not less than thirty days fifteen (15) days’ written notice should the Owner other party fail substantially to perform in accordance with the terms of the this Agreement through no fault of the Design Professionalparty initiating the termination. If terminated for failure of the Architect to fulfill his obligations under the contract, the Owner may take over the work and prosecute the same to completion using the Architect’s design, to the extent completed.
7.3 Owner may terminate this Agreement for the Agreement or any phase thereof with or without cause convenience of Owner, upon thirty seven (307) days prior advance written notice to the Design Professional. All work and labor being performed under the Agreement Architect, in which case Owner 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 pay Architect for all work it satisfactorily performed prior monies otherwise due hereunder to the receipt date of such notice. No amount shall be due for lost or anticipated profits. All plans, field surveys, and other data termination plus all out-of-pocket expenses directly related to the Project termination, but Owner shall become property of the Owner upon termination of the Agreement and shall be promptly delivered have no obligation to the Owner in a reasonably organized form. Should Owner subsequently contract with a new Design Professional pay or reimburse Architect for continuation of services on the Projectlost profits or unabsorbed overhead, 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 abandonedor any other consequential or incidental damages. If the Project is abandoned by the Owner for more than 90 one- hundred twenty (120) consecutive days, the Design Professional or the Owner Architect may terminate the this Agreement by giving written notice.
7.4 Failure of the Owner to make payments to the Design Professional for work satisfactorily completed Architect in accordance with this Agreement, without written notice of justifiable reason for the Agreement nonpayment, shall be considered substantial non- performance and cause for terminationentitle the Architect to suspend services under this Agreement.
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 a termination not the fault of the Design ProfessionalArchitect, the Design Professional Architect shall be compensated for actual services properly and satisfactorily performed prior to termination, together with Reimbursable Expenses then due.
7.6 Suspension or termination of the Agreement by the Architect for cause shall not prevent the Owner from completing the Project using the Architect’s design and drawings. In such case the Architect will cooperate with the Owner in making such documents available to the Owner.
7.7 Upon written notice to Architect, the Owner may order that Architect suspend all or any part of the services provided under this Agreement. The Owner shall pay Architect all monies otherwise due hereunder to the date of the suspension plus all out-of-pocket expenses directly related to such suspension. The Owner shall not have any obligation to pay or reimburse Architect for lost profits and/or unabsorbed overhead or any other consequential or incidental damages. If the Project is suspended for more than six months, and then resumed, Architect shall be compensated for reasonable costs of re- familiarizing itself with the Project.
Appears in 1 contract
Samples: Architectural Services Agreement
TERMINATION, SUSPENSION OR ABANDONMENT. 7.1 The Design Professional This Agreement may terminate the Agreement be terminated by either party upon not less than thirty seven (7) calendar days prior written notice should the Owner other party fail to substantially to perform in accordance with the Agreement terms of the Agreement through no fault of the Design Professional. Owner may terminate party initiating 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 informationtermination.
7.2 If the Project is suspended by the Owner for more than 30 sixty (60) consecutive days, the Design Professional Consultant shall be compensated for services satisfactorily performed prior to notice of such suspensionsuspension subject to Owner’s receipt of all required documentation evidencing same. When If the Project is resumedsuspended for more than one year, then the Design ProfessionalConsultant's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Design ProfessionalConsultant's servicesservices when the Project is resumed.
7.3 The If the Project is suspended by the Owner for more than ninety (90) consecutive days, the Consultant may terminate this Agreement by giving at least thirty (30) days prior written notice.
7.4 This Agreement may be terminated by the Owner upon not less than seven days (7) calendar days' written notice to the Design Professional Consultant in the event that the Project is permanently abandoned.
7.5 In the event of termination, not the fault of the Consultant, the Consultant shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in this Agreement. If This shall be the Project Consultant’s sole remedy at law or in equity.
7.6 Termination Expenses are in addition to compensation for Basic and Additional Services, and include expenses which are directly attributable to termination. Termination expenses shall only be due in the event that this Agreement is abandoned terminated through no fault of the Consultant or its consultants or representatives, and shall be computed as a percentage of the total compensation for Basic Services earned to the time of termination as follows:
i. Twenty percent (20%) of the total compensation for Basic Services earned to date if termination occurs during the Inventory and Analysis Phase;
ii. Ten percent (10%) of the total compensation for Basic Services earned to date if termination occurs during the Preliminary Alternative Concepts or Concept Plan; or iii. Five percent (5%) of the total compensation for Basic Services earned to date if termination occurs during any phase following Concept Plan Phase. The Consultant shall not be entitled to any Termination Expenses if the Owner terminated this Agreement for any reason prior to the Inventory and Analysis Phase. This Agreement may be terminated by the Owner in its sole discretion 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, any reason whatsoever upon seven (7) calendar days written notice to the Owner, suspend performance of services under the AgreementConsultant.
7.6 In the event of termination not the fault of the Design Professional, the Design Professional shall be compensated for services properly and satisfactorily performed prior to termination.
Appears in 1 contract
TERMINATION, SUSPENSION OR ABANDONMENT. 7.1 The Design Professional 9.1 This Agreement may terminate the Agreement be terminated by either party upon not less than thirty days seven days' written notice should the Owner other party fail substantially to perform in accordance with the terms of the this Agreement through no fault of the Design Professional. Owner may terminate party initiating 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 informationtermination.
7.2 9.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Design Professional Construction Manager shall be compensated for services satisfactorily performed prior to notice of such suspension. When the Project is resumed, the Design ProfessionalConstruction Manager's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Design ProfessionalConstruction Manager's services.
7.3 The 9.3 This Agreement may be terminated by the Owner upon not less than seven days days' written notice to the Design Professional Construction Manager 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 Construction Manager may terminate the this Agreement by giving written notice.
7.4 9.4 Failure of the Owner to make payments to the Design Professional for work satisfactorily completed Construction Manager in accordance with the this Agreement shall be considered substantial non- performance nonperforamnce and cause for termination.
7.5 9.5 If the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement when due the Construction Manager for services properly and satisfactorily performedexpenses, the Design Professional Construction Manager may, upon seven days days' written notice to the Owner, suspend performance of services under this Agreement. Unless payment in full is received by the AgreementConstruction Manager within seven days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the Construction Manager shall have no liability to the Owner for delay or damage caused to the Owner because of such suspension of services.
7.6 9.6 In the event of termination not the fault of the Design ProfessionalConstruction Manager, the Design Professional Construction Manager shall be compensated for services properly and satisfactorily performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 9.7.
9.7 Termination Expenses are those costs directly attributable to termination for which the Construction manager is not otherwise compensated.
Appears in 1 contract
Samples: Construction Manager Agreement (Armor Holdings Inc)
TERMINATION, SUSPENSION OR ABANDONMENT. 7.1 The Design Professional This Contract may terminate the Agreement be terminated by either party upon not less than thirty seven (7) days written notice should the Owner other party fail substantially to perform in accordance with the terms of the Agreement this Contract through no fault of the Design Professionalparty initiating the termination. 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 Old National for more than 30 thirty (30) consecutive days, the Design Professional Construction Manager shall be compensated for services satisfactorily performed prior to notice of such suspension. When the Project is resumed, the Design ProfessionalConstruction Manager's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Design ProfessionalConstruction Manager's services.
7.3 The Agreement . This Contract may be terminated by the Owner Old National upon not less than that seven (7) days written notice to the Design Professional in Construction Manager at the event that the Project is permanently abandonedsole discretion of Old National. If the Project is abandoned by the Owner Old National for more than 90 ninety (90) consecutive days, the Design Professional or the Owner Constructio! n Manager may terminate the Agreement this Contract 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 ProfessionalConstruction Manager, the Design Professional Construction Manager shall be compensated for all services properly performed to the termination date together with Reimbursable Costs then due and satisfactorily performed prior all Termination Expenses. Termination Expenses are defined as Reimbursable Costs directly attributable to terminationtermination for which the Construction Manager is not otherwise compensated. If the Construction Manager fails to perform any of its obligations under this Contract, Old National may, after seven (7) days written notice during which period the Construction Manager fails to perform such obligations, make good such deficiencies. If the Construction Manager is adjudged a bankrupt, or if it makes a general assignment for the benefit of its creditors, or if a receiver is appointed on account of its insolvency, or persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or otherwise is in substantial violation of a provision of this Contract, then Old National may, without prejudice to any right or remedy or after giving the Construction Manager and its surety, if any, seven (7) days written notice, during which period Construction Manager fails to cure the violation, terminate the employment of the Construction Manager and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Construction Manager and may finish the Project by whatever method Old National may deem expedient. In such case, the Construction Manager shall not be entitled to receive any further payment until! the Project is finished nor shall the Construction Manager be relieved from its obligations assumed under this Contract.
Appears in 1 contract
Samples: Construction Manager Contract (Old National Bancorp /In/)
TERMINATION, SUSPENSION OR ABANDONMENT. 7.1 The Design Professional 12.1 This Agreement may terminate the Agreement be terminated by either party upon not less than thirty seven (7) days written notice should the Owner other party fail substantially to perform in accordance with the terms of the this Agreement through no fault of the Design Professional. Owner may terminate party initiating 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 informationtermination.
7.2 12.2 If the Project project is suspended by the Owner for more than 30 thirty (30) consecutive days, the Design Professional Consultant 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 12.3 This Agreement may be terminated by the Owner upon not less than seven days (7) days' written notice to the Design Professional Consultant in the event that the Project project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 ninety (90) consecutive days, the Design Professional or the Owner Consultant may terminate the this 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 12.4 If the Owner fails to make payment to when due the Design Professional within thirty (30) days of receipt of a statement Consultant for services properly and satisfactorily performedexpenses, the Design Professional Consultant may, upon seven days (7) days' written notice to the Owner, suspend performance of services under this Agreement. Unless payment in full is received by the AgreementDesign Consultant within seven days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the Design Consultant shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services.
7.6 12.5 In the event of termination not the fault of the Design ProfessionalConsultant, the Design Professional Consultant shall be compensated for services properly and satisfactorily performed prior to termination, together with Reimbursable Expenses then due. This shall be the exclusive remedy for termination.
12.6 Owner shall have no liability to the Design Consultant for any delay or damage caused the Design Consultant due to suspension of the work, or due to any other delay, interruption, hindrance, or interference.
12.7 Should the Owner terminate this agreement for any reason under this Article, the Owner will acquire such drawings, including the ownership and use of all drawings, specifications, documents and materials relating to the Project prepared by or in the possession of the Design Consultant. The Design Consultant will turn over to the Owner in a timely manner and in good unaltered condition all original drawings, specifications, documents, materials, and computer files related to the project.
Appears in 1 contract
Samples: Design Consultant Services Agreement
TERMINATION, SUSPENSION OR ABANDONMENT. 7.1 The Design Professional 9.1 This Agreement may terminate the Agreement be terminated by either party upon not less than thirty days seven days’ written notice should the Owner other party fail substantially to perform in accordance with the terms of the this Agreement through no fault of the Design Professional. Owner may terminate party initiating 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 informationtermination.
7.2 9.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Design Professional Construction Manager shall be compensated for services satisfactorily performed prior to notice of such suspension. When the Project is resumed, the Design Professional's Construction Manager’s compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Design Professional's Construction Manager’s services.
7.3 The 9.3 This Agreement may be terminated by the Owner upon not less than seven days days’ written notice to the Design Professional Construction Manager 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 Construction Manager may terminate the this Agreement by giving written notice.
7.4 9.4 Failure of the Owner to make payments to the Design Professional for work satisfactorily completed Construction Manager in accordance with the this Agreement shall be considered substantial non- performance nonperformance and cause for termination.
7.5 If 9.5 Provided that the Construction Manager has met the material intent of the terms and conditions of this contract, and the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement when due the Construction Manager for services properly and satisfactorily performedexpenses, the Design Professional Construction Manager may, upon seven days days’ written notice to the Owner, suspend performance of services under this Agreement. Unless payment in full is received by the AgreementConstruction Manager within seven days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the Construction Manager shall have no liability to the Owner for delay or damage caused to the Owner because of such suspension of services.
7.6 9.6 In the event of termination not the fault of the Design ProfessionalConstruction Manager or its employees, professional consultants, subcontractors, or anyone for whom it is legally liable, the Design Professional Construction Manager shall be compensated for services properly and satisfactorily performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 9.7.
9.7 Termination Expenses are those costs directly attributable to termination for which the Construction Manager is not otherwise compensated and for which the Construction Manager has submitted appropriate supporting documentation to the Owner. Termination Expenses do not include lost profits or consequential damages.
Appears in 1 contract
Samples: Construction Manager Agreement
TERMINATION, SUSPENSION OR ABANDONMENT. C:\ProgramData\activePDF\Temp\DocConverter\API\Input\$a0b36e4f0198$D83FDB143514418BA033A4666A1FB999.doc
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 services properly and satisfactorily performed prior to termination.
Appears in 1 contract
Samples: Professional Services Agreement
TERMINATION, SUSPENSION OR ABANDONMENT. 7.1 The Design Professional 5.1 This Contract may terminate the Agreement be terminated by either party upon not less than thirty days seven (7) days' written notice should the Owner other party fail substantially to perform in accordance with the terms of the Agreement this Contract through no fault of the Design Professional. Owner may terminate party initiating 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 informationtermination.
7.2 5.2 If the Project is suspended by the Owner for more than 30 ninety (90) consecutive days, the Design Professional CM shall be compensated for services satisfactorily performed prior to notice of such suspension. When the Project is resumed, the Design Professional's CM’s compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Design Professional's CM’s services.
7.3 The Agreement 5.3 This Contract may be terminated by the Owner upon not less than seven days (7) days' written notice to the Design Professional CM in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 ninety (90) consecutive days, the Design Professional or the Owner CM may terminate the Agreement this Contract by giving written notice.
7.4 5.4 Failure of the Owner to make payments to the Design Professional for work satisfactorily completed CM in accordance with the Agreement this Contract shall be considered substantial non- performance nonperformance and cause for termination.
7.5 5.5 If the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement when due the CM for services properly and satisfactorily performedexpenses, the Design Professional CM may, upon seven days (7) days' written notice to the Owner, suspend performance of services under this Contract. Unless payment in full is received by the Agreement.
7.6 CM within seven (7) days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension
5.6 If the CM does not perform the services herein for a period of fifteen (15) days after Owner approval or refuses to begin performance and diligently perform to completion, the Owner may terminate this Contract and the CM shall not be entitled to receive any compensation except sums already earned but not yet paid.
5.7 Notwithstanding paragraph 5.1, Owner may, at any time and for any reason, terminate this Contract upon not less than seven (7) days written notice to the CM. Under such circumstances, this Contract shall terminate on the date set forth in such written notice. In the event of such termination not for convenience, the fault CM shall be entitled only to payment of that portion of the Design ProfessionalContract Sum, as amended, which theretofore has not been paid to the CM and which shall compensate the CM for all services actually performed by the CM up to the date of termination.
5.8 In the event of any termination under this Article 5, the Design Professional CM consents to Owner's selection of another CM of Owner's choice to assist the Owner in any way in completing the Project. The CM further agrees to cooperate and provide any information requested by Owner in connection with the completion of the Project and consents to and authorizes the making of any reasonable changes to the Project by Owner and such other CM as the Owner may desire. Any services provided by CM which are requested by Owner after termination shall be fairly compensated for by Owner.
5.9 The CM acknowledges and understands that the Project is being constructed on public property owned by the Owner, which property may at various times during preconstruction services properly be occupied by students, teachers, parents and satisfactorily performed prior school administrators. Accordingly, in order to termination.secure the property, and otherwise comply with applicable law, the CM agrees to the following provisions and also agrees that the failure to comply with any of these provisions may result in the termination of this Contract:
Appears in 1 contract
Samples: Contract Between Owner and Construction Manager for Preconstruction Services
TERMINATION, SUSPENSION OR ABANDONMENT. 7.1 The Design Professional § 9.1 This Agreement may terminate the Agreement be terminated by either party upon not less than thirty days days’ written notice should the Owner other party refuse or fail substantially to perform in accordance with the terms of the this Agreement through no fault of the Design Professionalparty initiating the termination. Owner may terminate Both parties shall have the Agreement opportunity to cure or any phase thereof with or without cause upon thirty (30) days to commence to cure 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 expiration of the thirty (30) day period, Design Professional shall invoice in which case the Owner for all work it satisfactorily performed prior to the receipt notice of such notice. No amount termination shall be due for lost deemed withdrawn and of no force 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 informationeffect.
7.2 § 9.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Design Professional Construction Manager shall be compensated for services satisfactorily performed prior to notice of such suspension, provided such services are not deficient in any manner and that invoices for such services have been properly documented and audited in accordance with the Owners reasonable procedures. When the Project is resumed, the Design Professional's Construction Manager’s compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Design Professional's services.Construction
7.3 The § 9.3 This Agreement may be terminated by the Owner upon not less than seven days thirty (30) days’ written notice to the Design Professional Construction Manager in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 60 consecutive days, the Design Professional or the Owner Construction Manager may terminate the this Agreement by giving written notice.
7.4 § 9.4 Failure of the Owner to make payments to the Design Professional for work satisfactorily completed Construction Manager in accordance with the this Agreement shall be considered substantial non- performance nonperformance and cause for termination, provided however that notice and opportunity to cure is provided in accordance with Paragraph 9.1 hereof, unless the Owner’s failure to make payment is due to:
a) the Construction Manager’s deficient performance of services under this agreement; or b) the Construction Manager’s failure to properly document its invoices for services and expenses, and the owner has placed the Construction Manager on written notice of such deficient performance or such failure.
7.5 § 9.5 If the Owner fails to make payment to Design Professional within when due the Construction Manager for services and expenses, except as provided in Paragraph 9.4 the Construction Manager may, upon thirty (30) days of receipt of a statement for services properly and satisfactorily performed, the Design Professional may, upon seven days days’ written notice to the Owner, suspend performance of services under this Agreement. Unless payment in full is received by the AgreementConstruction Manager within seven days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the Construction Manager shall have no liability to the Owner for delay or damage caused to the Owner because of such suspension of services.
7.6 § 9.6 In the event of termination not the fault of the Design ProfessionalConstruction Manager, the Design Professional Construction Manager shall be compensated for services properly and satisfactorily performed or authorized to be performed prior to termination, together with Reimbursable Expenses then due and costs attributed to the termination unless the amounts billed to the date of termination are not properly documented and audited in accordance with the Owner’s reasonable procedures, or unless the amounts billed to the date of termination are for services that have been deficiently performed by the Construction Manager in accordance with the terms of this Agreement through no fault of the Owner.
§ 9.7 Termination expenses are defined as follows:
(1) Reasonable settlement expenses, when termination is not the fault of the Construction Manager, in whole or in part, including the following:
(i) Accounting, legal, clerical, and similar costs reasonably necessary for:
(A) The preparation and presentation, including supporting data, of settlement claims
(B) The termination and settlement of subcontracts.
(ii) Reasonable costs for the storage, transportation, protection, and disposition of property acquired or produced for the contract.
(iii) Indirect costs related to salary and wages incurred as settlement expenses in (i) and (ii)
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Construction Manager
TERMINATION, SUSPENSION OR ABANDONMENT. 7.1 The Design Professional This Agreement may terminate the Agreement be terminated by either party upon not less than thirty days seven days' written notice should the Owner other party fail substantially to perform in accordance with the terms of the this Agreement through no fault of the Design Professional. Owner may terminate party initiating 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 informationtermination.
7.2 If the Project is suspended by the Owner for more than 30 90 consecutive days, the Design Professional Architect shall be compensated for services satisfactorily performed prior to notice of such suspension. When the Project is resumed, the Design ProfessionalArchitect's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Design ProfessionalArchitect's services.
7.3 The This Agreement may be terminated by the Owner upon not less than seven days days' written notice to the Design Professional 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 Design Professional or the Owner Architect may terminate the this Agreement by giving written notice.
7.4 Failure of the Owner to make payments to the Design Professional for work satisfactorily completed Architect in accordance with the this Agreement within ten (10) days after Owner has received written notice of such failure from Architect shall be considered substantial non- performance nonperformance and cause for termination, provided Architect has given notice to Owner as provided in Paragraph 7.5 below.
7.5 If the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement when due the Architect for services properly and satisfactorily performedexpenses, the Design Professional Architect may, upon seven days ten (10) business days' written notice to the Owner, suspend performance of services under this Agreement. Unless payment in full is received by the AgreementArchitect within ten (10) business days after the receipt 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.
7.6 In the event of termination not the fault of the Design ProfessionalArchitect, or termination for Owner's convenience upon not less than seven (7) days' prior written notice, the Design Professional Architect shall be compensated for services properly and satisfactorily performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 7.7.
7.7 Termination Expenses are in addition to compensation for Basic and Additional Services, and include expenses which are directly attributable to termination. Termination Expenses shall be actual out of pocket expenses of Architect necessarily incurred in stopping the Work.
7.8 Notwithstanding anything to the contrary set forth in this Agreement, Owner shall have the right at any time for any or no reason whatsoever to suspend work on the Project and all work connected therewith or to terminate the Architect upon giving Architect seven (7) days' prior written notice. Thereupon, as the Architect's sole remedy hereunder, the Owner shall pay the Architect for the Work completed to the effective date of the termination of the Architect as set forth above, along with Reimbursable Expenses then due and Termination Expenses, if any.
Appears in 1 contract
Samples: Architect Agreement (River Rock Entertainment Authority)
TERMINATION, SUSPENSION OR ABANDONMENT. 7.1 The Design Professional 9.1 This Agreement 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 be terminated by either party with or without cause upon thirty on (30) days prior after receiving written notice to notification provided that 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 Architect has received payment in full for all work it satisfactorily services performed in accordance with this Agreement or incurred prior to the receipt of such notice. No amount shall be due for lost or anticipated profits. All planstermination, 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 together with a new Design Professional for continuation of services on the Project, Design Professional shall cooperate in providing informationReimbursable Expenses then due.
7.2 9.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Design Professional Architect shall be compensated for services satisfactorily performed prior to notice of such suspension. When the Project is resumed, the Design Professional's Architect’s compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Design Professional's Architect’s services.
7.3 The 9.3 This Agreement may be terminated by the Owner upon not less than seven days calendar days’ written notice to the Design Professional 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 Design Professional or the Owner Architect may terminate the this Agreement by giving written notice.
7.4 9.4 Failure of the Owner to make payments to the Design Professional for work satisfactorily completed Architect in accordance with the this Agreement shall be considered substantial non- performance nonperformance and cause for termination.
7.5 9.5 If the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement due the Architect for services properly and satisfactorily performedexpenses, the Design Professional Architect may, upon seven days calendar days’ written notice to the Owner, suspend performance of services under this Agreement. Unless payment in full is received by the AgreementArchitect 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.
7.6 9.6 In the event of termination not the fault of the Design ProfessionalArchitect, the Design Professional Architect shall be compensated for all services properly and satisfactorily performed or incurred prior to termination, together with Reimbursable Expenses then due.
9.7 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 such use, completion or any unauthorized changes made by any party to any contract documents prepared by the Architect.
Appears in 1 contract
Samples: Architect of Record Master Agreement
TERMINATION, SUSPENSION OR ABANDONMENT. 7.1 The Design Professional may terminate District has the right to terminate, suspend or abandon any portion or all of the work under this Agreement upon not less than thirty by giving ten (10) calendar days written notice should to Engineer. In such event, District shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and all other Project Documents, as defined below, produced or developed for that portion of the Owner fail substantially work completed and/or being terminated, suspended or abandoned. District shall pay Engineer the reasonable value of services rendered for any portion of the work completed prior to termination, suspension or abandonment, less any claims for damages due to Engineer’s default. Engineer hereby waives any claim for damages or additional compensation except as set forth herein. Upon payment of the amount required to be paid to Engineer pursuant to the termination provisions of this Agreement, District shall have the rights, as provided in this Agreement, to use all Project Documents prepared by or on behalf of Engineer under this Agreement. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by District and Engineer of the portion of such task completed but not paid prior to said termination. District shall not be liable for any costs other than the charges or portions thereof which are specified herein. Engineer shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. Engineer may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to District only in the event of substantial failure by District to perform in accordance with the terms of the this Agreement through no fault of the Design ProfessionalEngineer. 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 Professionalthis Agreement is terminated in whole or in part as provided herein, the Design Professional shall be compensated for District may procure, upon such terms and in such manner as it may determine appropriate, services properly and satisfactorily performed prior similar to terminationthose terminated.
Appears in 1 contract
Samples: Professional Services
TERMINATION, SUSPENSION OR ABANDONMENT. 7.1 The Design Professional This Agreement may terminate the Agreement be terminated by either party upon not less than thirty fourteen (14) days written notice should the Owner other party fail to substantially to perform in accordance with the terms of the this Agreement through no fault of the Design Professional. Owner may terminate party initiating 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 informationtermination.
7.2 If the COUNTY suspends the Project is suspended by the Owner for more than 30 thirty (30) consecutive days, the Design Professional ARCHITECT 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 This Agreement may be terminated by the Owner COUNTY upon not less than seven fourteen (14) days written notice to the Design Professional ARCHITECT in the event that the Project is permanently abandoned. If the COUNTY abandons the Project is abandoned by the Owner for more than 90 ninety (90) consecutive days, the Design Professional or the Owner ARCHITECT may terminate the this Agreement by giving written notice.
7.4 If the COUNTY fails to give prompt written authorization to proceed with any phase of services after completion of the immediately preceding phase, the ARCHITECT may, after giving seven (7) days written notice to the COUNTY, suspend services under this Agreement.
7.5 Failure of the Owner COUNTY to make payments to the Design Professional for work satisfactorily completed ARCHITECT in accordance with the this Agreement shall be considered substantial non- performance nonperformance and cause for termination.
7.5 7.6 If the Owner COUNTY fails to make payment when due to Design Professional within thirty (30) days of receipt of a statement the ARCHITECT for services properly and satisfactorily performedexpenses, the Design Professional ARCHITECT may, upon seven (7) days written notice to the OwnerCOUNTY, suspend performance of services under this Agreement. Unless the AgreementARCHITECT receives payment in full within seven (7) 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 COUNTY for delay or damage caused by the COUNTY because of suspension of services.
7.6 7.7 In the event of termination that is not the fault of the Design ProfessionalARCHITECT, the Design Professional ARCHITECT shall be compensated for services properly and satisfactorily performed prior to termination, together with Reimbursable Expenses, if any, then due.
Appears in 1 contract
Samples: Architectural Services Agreement
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 coop- erate 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 nonperformance 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 services properly and satisfactorily performed prior to termination.
Appears in 1 contract
Samples: Professional Services
TERMINATION, SUSPENSION OR ABANDONMENT. 7.1 The Design Professional 9.1 This Agreement may terminate the Agreement be terminated by either party upon not less than thirty days seven (7) calendar days' prior written notice should the Owner other party fail substantially to perform in accordance with the terms of the this Agreement through no fault of the Design Professional. Owner may terminate party initiating 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 informationtermination.
7.2 9.2 If the Project is suspended by the Owner for more than 30 sixty (60) consecutive days, the Design Professional Architect/Engineer shall be compensated for services satisfactorily performed prior to notice of such suspensionsuspension subject to Owner’s receipt of all required documentation evidencing same. When If the Project is resumedsuspended for more than one year, then the Design ProfessionalArchitect/Engineer's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Design ProfessionalArchitect/Engineer's servicesservices when the Project is resumed.
7.3 The 9.3 This Agreement may be terminated by the Owner upon not less than seven days (7) calendar days' written notice to the Design Professional Architect/Engineer in the event that the Project is permanently abandoned. .
9.3.1 If the Project is abandoned suspended by the Owner for more than 90 ninety (90) consecutive days, the Design Professional or the Owner Architect/Engineer may terminate the this 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 at least thirty (30) days of receipt of a statement for services properly and satisfactorily performed, the Design Professional may, upon seven days prior written notice to the Owner, suspend performance of services under the Agreementnotice.
7.6 9.4 In the event of termination termination, not the fault of the Design ProfessionalArchitect/Engineer, the Design Professional Architect/Engineer shall be compensated for services properly and satisfactorily performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined below. This shall be the Architect/Engineer’s sole remedy at law or in equity.
9.5 Termination Expenses are in addition to compensation for Basic and Additional Services, and include expenses which are directly attributable to termination. Termination Expenses shall only be due in the event that this Agreement is terminated through no fault of Architect/Engineer or its consultants or representatives, and shall be computed as a percentage of the total compensation for Basic Services earned to the time of termination, as follows:
i. Twenty percent (20%) of the total compensation for Basic Services earned to date if termination occurs during the Schematic Design Phases; ii. Ten percent (10%) of the total compensation for Basic Services earned to date if termination occurs during the Design Development Phase; or
Appears in 1 contract
TERMINATION, SUSPENSION OR ABANDONMENT. 7.1 The Design Professional This Agreement may terminate the Agreement be terminated by either party upon not less than thirty seven (7) days written notice should the Owner other party fail substantially to perform in accordance with the terms of the this Agreement through no fault of the Design Professional. Owner may terminate party initiating 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 informationtermination.
7.2 If the Project is suspended by the Owner for more than 30 ninety (90) 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 This Agreement may be terminated by the Owner upon not less than seven (7) 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 ninety (90) consecutive days, the Design Professional or the Owner may terminate the this 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 this Agreement shall be considered substantial non- performance nonperformance and cause for termination.
7.5 If the Owner fails to make payment to when due the Design Professional within thirty (30) days of receipt of a statement for services properly and satisfactorily performedexpenses, the Design Professional may, upon seven days (7) days' written notice to the Owner, suspend performance of services under this Agreement. Unless payment in full is received by the Agreement.
7.6 Design Professional within seven (7) days of the date of the notice, the suspension shall take effect without further notice. In the event of termination a suspension of services, the Design Professional shall have no liability to the Owner for delay or damage caused the Owner because of such suspension.
7.6 If the Design Professional does not perform the fault services herein for a period of fifteen (15) days after Owner approval or refuses to begin performance and diligently perform to completion, the Owner may terminate this Agreement and the Design Professional shall not be entitled to receive any compensation except fees already earned but not yet paid.
7.7 Notwithstanding 7.1 any other provision herein, Owner may, at any time and for any reason, terminate this Agreement upon not less than seven (7) days written notice to the Design Professional. Under such circumstances, this Agreement shall terminate on the date set forth in such written notice. In the event of such termination for convenience, the Design Professional shall be compensated entitled only to payment of that portion of the fees, as amended, which theretofore has not been paid to the Design Professional and which shall compensate the Design Professional for all services properly and satisfactorily actually performed prior by the Design Professional up to the date of termination.
7.8 In the event of any termination under this Article, the Design Professional consents to Owner's selection of another Design Professional of Owner's choice to assist the Owner in any reasonable way in completing the Project. The Design Professional further agrees to cooperate and provide any information requested by Owner in connection with the completion of the Project and consents to and authorizes the making of any reasonable changes to the design of the Project by Owner and such other Design Professional as the Owner may desire. Any services provided by Design Professional which are requested by Owner after termination shall be fairly compensated by Owner.
7.9 The Design Professional acknowledges and understands that the Project is being constructed on public property owned by the Owner, which property may at various times during construction be occupied by students, teachers, parents and school administrators. Accordingly, in order to secure the property, and otherwise comply with applicable law, the Design Professional agrees to the following provisions and also agrees that the failure to comply with any of these provisions may results in the termination of this Agreement:
Appears in 1 contract
Samples: Agreement Between Owner and Design Professional for Design and Construction Administration Services
TERMINATION, SUSPENSION OR ABANDONMENT. 7.1 The Design Professional 12.1. Except for reasons of nonpayment, this Agreement may terminate the Agreement be terminated by either party upon not less than thirty days seven (7) days’ written notice should the Owner other party fail substantially to perform in accordance with the terms of the this Agreement through no fault of the Design Professional. Owner party initiating the termination and may terminate the Agreement or any phase thereof with or be terminated without cause by the City upon thirty at least seven (307) days prior days’ written notice to the Design ProfessionalCommissioning Agent. All work In the event this Agreement is terminated by the City pursuant to this paragraph, the Commissioning Agent shall be entitled to receive compensation for Basic and labor being Additional Services properly performed under and for all substantiated Reimbursable Expenses incurred to the Agreement shall cease immediately upon Design Professional’s receipt of such notice. Before the end date of the thirty (30) day periodnotice of termination, Design Professional but in no event shall invoice compensation exceed the Owner for all work it satisfactorily performed prior amount specified hereafter if the Project does not proceed and in no event shall any payment be due earlier than such payment would otherwise be due hereunder. Moreover, the City shall be entitled to retain from the monies alleged to be due to the receipt of such noticeCommissioning Agent an amount that reasonably reflects the cost and expense incurred or to be incurred by the City associated with the termination, if the termination is with cause.
12.2. No amount shall be due for lost The City reserves the right to stop or anticipated profits. All plans, field surveys, and other data related suspend the work upon seven (7) days’ written notice to the Project shall become property of the Owner upon termination of the Agreement and shall be promptly delivered Commissioning Agent, with no resulting fee adjustment to the Owner in a reasonably organized form. Should Owner subsequently contract with a new Design Professional for continuation of services on the ProjectCommissioning Agent, Design Professional shall cooperate in providing information.
7.2 If the Project is suspended by the Owner unless such suspension extends for more than 30 consecutive daystwelve (12) months, in which case 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 Commissioning Agent’s compensation shall be equitably adjusted when the project is resumed to provide for expenses incurred in the interruption and resumption of the Design Professional's Commissioning Agent’s services.
7.3 . The Commissioning Agent shall have no cause for termination of this Agreement may be terminated by the Owner upon not less than seven days written notice to the Design Professional in the event that based on suspension of the Project is permanently abandoned. If the Project is abandoned by the Owner unless such suspension extends for more than 90 consecutive days, the Design Professional or the Owner may terminate the Agreement by giving written noticetwelve (12) months.
7.4 Failure of 12.3. Persistent failure by the Owner City to make payments to the Design Professional for work satisfactorily completed Commissioning Agent in accordance with this Agreement or persistent failure of the Agreement shall be considered substantial non- performance and cause for termination.
7.5 If City to pay the Owner fails to make payment to Design Professional Commissioning Agent within thirty forty-five (3045) 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 performed shall be compensated considered nonperformance and cause for services properly and satisfactorily performed prior to termination. “Persistent” herein shall mean at least three occasions.
Appears in 1 contract
Samples: Commissioning Services Agreement
TERMINATION, SUSPENSION OR ABANDONMENT. 7.1 The Design Professional This Agreement may terminate the Agreement be terminated by either party upon not less than thirty fourteen (14) days written notice should the Owner other party fail to substantially to perform in accordance with the terms of the this Agreement through no fault of the Design Professional. Owner may terminate party initiating 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 informationtermination.
7.2 If the COUNTY suspends the Project is suspended by the Owner for more than 30 thirty (30) consecutive days, the Design Professional ENGINEER 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 This Agreement may be terminated by the Owner COUNTY upon not less than seven fourteen (14) days written notice to the Design Professional ENGINEER in the event that the Project is permanently abandoned. If the COUNTY abandons the Project is abandoned by the Owner for more than 90 ninety (90) consecutive days, the Design Professional or the Owner ENGINEER may terminate the this Agreement by giving written notice.
7.4 If the COUNTY fails to give prompt written authorization to proceed with any phase of services after completion of the immediately preceding phase, the ENGINEER may, after giving seven (7) days written notice to the COUNTY, suspend services under this Agreement.
7.5 Failure of the Owner COUNTY to make payments to the Design Professional for work satisfactorily completed ENGINEER in accordance with the this Agreement shall be considered substantial non- performance nonperformance and cause for termination.
7.5 7.6 If the Owner COUNTY fails to make payment when due to Design Professional within thirty (30) days of receipt of a statement the ENGINEER for services properly and satisfactorily performedexpenses, the Design Professional ENGINEER may, upon seven (7) days written notice to the OwnerCOUNTY, suspend performance of services under this Agreement. Unless the AgreementENGINEER receives payment in full within seven (7) 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 COUNTY for delay or damage caused by the COUNTY because of suspension of services.
7.6 7.7 In the event of termination that is not the fault of the Design ProfessionalENGINEER, the Design Professional ENGINEER shall be compensated for services properly and satisfactorily performed prior to termination, together with Reimbursable Expenses, if any, then due.
Appears in 1 contract
Samples: Engineering Services Agreement
TERMINATION, SUSPENSION OR ABANDONMENT. 7.1 The Design Professional This Agreement may terminate the Agreement be terminated by either party upon not less than thirty seven (7) days written notice should the Owner other party fail substantially to perform in accordance with the terms of the this Agreement through no fault of the Design Professional. Owner may terminate party initiating 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 informationtermination.
7.2 If the Project is suspended by the Owner for more than 30 ninety (90) 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 This Agreement may be terminated by the Owner upon not less than seven (7) 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 ninety (90) consecutive days, the Design Professional or the Owner may terminate the this 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 this Agreement shall be considered substantial non- performance nonperformance and cause for termination.
7.5 If the Owner fails to make payment to when due the Design Professional within thirty (30) days of receipt of a statement for services properly and satisfactorily performedexpenses, the Design Professional may, upon seven days (7) days' written notice to the Owner, suspend performance of services under this Agreement. Unless payment in full is received by the Agreement.
7.6 Design Professional within seven (7) days of the date of the notice, the suspension shall take effect without further notice. In the event of termination a suspension of services, the Design Professional shall have no liability to the Owner for delay or damage caused the Owner because of such suspension.
7.6 If the Design Professional does not perform the fault services herein for a period of fifteen
7.7 Notwithstanding 7.1 any other provision herein, Owner may, at any time and for any reason, terminate this Agreement upon not less than seven (7) days written notice to the Design Professional. Under such circumstances, this Agreement shall terminate on the date set forth in such written notice. In the event of such termination for convenience, the Design Professional shall be compensated entitled only to payment of that portion of the fees, as amended, which theretofore has not been paid to the Design Professional and which shall compensate the Design Professional for all services properly and satisfactorily actually performed prior by the Design Professional up to the date of termination.
7.8 In the event of any termination under this Article, the Design Professional consents to Owner's selection of another Design Professional of Owner's choice to assist the Owner in any reasonable way in completing the Project. The Design Professional further agrees to cooperate and provide any information requested by Owner in connection with the completion of the Project and consents to and authorizes the making of any reasonable changes to the design of the Project by Owner and such other Design Professional as the Owner may desire. Any services provided by Design Professional which are requested by Owner after termination shall be fairly compensated by Owner.
7.9 The Design Professional acknowledges and understands that the Project is being constructed on public property owned by the Owner, which property may at various times during construction be occupied by students, teachers, parents and school administrators. Accordingly, in order to secure the property, and otherwise comply with applicable law, the Design Professional agrees to the following provisions and also agrees that the failure to comply with any of these provisions may results in the termination of this Agreement:
Appears in 1 contract
Samples: Agreement Between Owner and Design Professional for Design and Construction Administration Services
TERMINATION, SUSPENSION OR ABANDONMENT. 7.1 The Design Professional 8.1 This Agreement may terminate the Agreement be terminated by either party upon not less than thirty days seven days’ written notice should shall the Owner other party fail substantially to perform in accordance with the terms of the this Agreement through no fault of the Design Professional. Owner may terminate party initiating 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 informationtermination.
7.2 8.2 If the Project is suspended by the Owner OWNER for more than 30 consecutive days, the Design Professional ARCHITECT shall be compensated for services satisfactorily performed prior to notice of such suspension. When the Project is resumed, the Design Professional's ARCHITECT’S compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Design Professional's ARCHITECT’S services.
7.3 The 8.3 This Agreement may be terminated by the Owner OWNER upon not less than seven days days’ written notice to the Design Professional ARCHITECT in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner OWNER for more than 90 consecutive days, the Design Professional or the Owner ARCHITECT may terminate the this Agreement by giving written notice.
7.4 8.4 Failure of the Owner OWNER to make payments to the Design Professional for work satisfactorily completed ARCHITECT in accordance with the this Agreement shall be considered substantial non- performance nonperformance and cause for termination.
7.5 8.5 If the Owner OWNER fails to make payment to Design Professional within thirty (30) days of receipt of a statement when due the ARCHITECT for services properly and satisfactorily performedexpenses, the Design Professional ARCHITECT may, upon seven days days’ written notice to the OwnerOWNER, suspend performance of services under this Agreement. Unless payment in full is received by the AgreementARCHITECT within seven 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.
7.6 8.6 In the event of termination not the fault of the Design ProfessionalARCHITECT, the Design Professional ARCHITECT shall be compensated for services properly and satisfactorily performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 8.7.
8.7 Termination Expenses are in addition to compensation for Basic and Additional Services, and include expenses which are directly attributable to termination. Termination Expenses shall be computed as a percentage of the total compensation for Basic Services and Additional Services earned to the time of termination, as follows:
.1 Twenty percent of the total compensation for Basic and Additional Services earned to date if termination occurs before or during the predesign, site analysis, or Schematic Design Phases; or
.2 If termination occurs during the Design Development Phase; or .3 Five percent of the total compensation for Basic and Additional Services earned to date if termination occurs during any subsequent phase.
Appears in 1 contract
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 nonperformance 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 services properly and satisfactorily performed prior to termination.
Appears in 1 contract
Samples: Professional Services Agreement
