Common use of Termination Upon Force Majeure Clause in Contracts

Termination Upon Force Majeure. If this agreement is terminated pursuant to Clause 33 (Termination resulting from Force Majeure), hubco shall be entitled to be paid: the total value of the Works properly executed at the Termination Date, ascertained in accordance with this Agreement under deduction of all amounts certified for payment in Interim Certificates previously issued under Clause 27.5; and to the extent not already included in the amount calculated in accordance with Clause 35.7.1, the cost of materials or goods properly ordered for the Works for which hubco shall have paid or for which hubco is legally bound to pay, and on such payment in full by the Authority such materials or goods shall become the property of the Authority provided always that hubco arranges for any such goods or materials to be delivered to the Site. Payments under Clauses 35.5, 35.6 and 35.7 to be exhaustive Without prejudice to Clause 35.4.1, the making of those payments following a termination which are required to be made by Clauses 35.5 (Payments following termination upon hubco Default), 35.6 (Payments following termination upon Authority Default) and 35.7 (Payments following termination upon Force Majeure) shall be in full satisfaction of any claim in respect of the termination of, and the circumstances leading to, the termination of this Agreement or hubco's employment under this Agreement and neither hubco nor the Authority shall be entitled to any other rights or remedies in that regard.

Termination Upon Force Majeure. If this agreement is terminated pursuant to Clause 33 33. (Termination resulting from Force Majeure), hubco shall be entitled to be paid: the total value of the Works properly executed at the Termination Date, ascertained in accordance with this Agreement under deduction of all amounts certified for payment in Interim Certificates previously issued under Clause 27.5; and to the extent not already included in the amount calculated in accordance with Clause 35.7.1, the cost of materials or goods properly ordered for the Works for which hubco shall have paid or for which hubco is legally bound to pay, and on such payment in full by the Authority such materials or goods shall become the property of the Authority provided always that hubco arranges for any such goods or materials to be delivered to the Site. Payments under Clauses 35.5, 35.6 and 35.7 to be exhaustive Without prejudice to Clause 35.4.1, the making of those payments following a termination which are required to be made by Clauses 35.5 (Payments following termination upon hubco Default), 35.6 (Payments following termination upon Authority Default) and 35.7 (Payments following termination upon Force Majeure) shall be in full satisfaction of any claim in respect of the termination of, and the circumstances leading to, the termination of this Agreement or hubco's employment under this Agreement and neither hubco nor the Authority shall be entitled to any other rights or remedies in that regard.. PART 10: INDEMNITIES, WARRANTIES & INSURANCE

Termination Upon Force Majeure. If this agreement is terminated pursuant to Clause 33 (Termination resulting from Force Majeure), hubco shall be entitled to be paid: the total value of the Works properly executed at at, and of any design work properly carried out in relation to the hubco Designed Portion before, the Termination Date, ascertained in accordance with this Agreement under deduction of all amounts certified for payment in Interim Certificates previously issued under Clause 27.5; and to the extent not already included in the amount calculated in accordance with Clause 35.7.1, the cost of materials or goods properly ordered for the Works for which hubco shall have paid or for which hubco is legally bound to pay, and on such payment in full by the Authority such materials or goods shall become the property of the Authority provided always that hubco arranges for any such goods or materials to be delivered to the Site. Payments under Clauses 35.5, 35.6 and 35.7 to be exhaustive Without prejudice to Clause 35.4.1, the making of those payments following a termination which are required to be made by Clauses 35.5 (Payments following termination upon hubco Default), 35.6 (Payments following termination upon Authority Default) and 35.7 (Payments following termination upon Force Majeure) shall be in full satisfaction of any claim in respect of the termination of, and the circumstances leading to, the termination of this Agreement or hubco's employment under this Agreement and neither hubco nor the Authority shall be entitled to any other rights or remedies in that regard.