Common use of TERMINATION, SUSPENSION OR ABANDONMENT Clause in Contracts

TERMINATION, SUSPENSION OR ABANDONMENT. a. District has the right to terminate, suspend or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice 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 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.

TERMINATION, SUSPENSION OR ABANDONMENT. a. District has the right to terminate, suspend or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice 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 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 this Agreement through no fault of Engineer. In the event this Agreement is terminated in whole or in part as provided herein, District may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.