Town’s Right to Terminate. A. This Agreement may be terminated by the Town for the convenience of the Town by written notice to the Contractor specifying the termination date of the Agreement. B. In the event of termination that is not the fault of the Contractor, the Town shall pay to the Contractor the compensation properly due on work performed for Services properly performed before the effective date of the termination. C In the event the Contractor breaches or defaults upon its obligations hereunder, or through any cause fails to perform any of the terms, covenants, or provisions of this Contract, or for any cause fails to make progress in work hereunder in a reasonable manner, or if the conduct of the Contractor impairs or prejudices the interests of the Town, or if the Contractor violates any of the terms, covenants, or provisions of this Contract, the Town shall have the right to terminate this Contract by giving notice in writing of the termination and date of such termination to the Contractor. The Town shall have the sole discretion to permit the Contractor to remedy the cause of the contemplated termination without waiving the Town’s right to terminate the Contract. The Town may take over work to be done under this Agreement and prosecute the work to completion by Contract or otherwise, and the Contractor shall be liable to the Town for all costs over the total amount the Town would have paid the Contractor had there been no breach or default. The Services may be terminated whenever adequate funds have not been appropriated by the Town Council in the annual budget for the purpose set forth herein. The Contractor is advised that the Town does not guarantee the appropriation of funds for any subsequent fiscal year (beginning July 1st) . The Contractor shall not perform services in any fiscal year following the current fiscal year without verification from the Director of Finance that adequate funds have been appropriated for that purpose in the budget for the relevant fiscal year. Upon such termination, the Town shall be liable to the Contractor only for payment for services provided before the effective date of the termination. Upon the conclusion of the Contract or the termination of this Agreement for any reason all drawings, specifications, and other documents relating to the design, prosecution, or supervision of work shall be surrendered forthwith by the Contractor to the Town.
Appears in 1 contract
Samples: Services Agreement
Town’s Right to Terminate. A. This Agreement may be terminated by the Town for the convenience of the Town by written notice to the Contractor Consultant specifying the termination date of the Agreement.
B. In the event of termination that is not the fault of the ContractorConsultant, the Town shall pay to the Contractor Consultant the compensation properly due on work performed for Services properly performed before prior to the effective date of the termination. C In .
C. If the event the Contractor breaches or defaults upon its obligations hereunder, or Consultant through any cause fails to perform any of the terms, covenants, or provisions of this ContractContract on its part to be performed, or of if it for any cause fails to make progress in work hereunder in a reasonable manner, or if the conduct of the Contractor Consultant impairs or prejudices the interests interest of the Town, or if the Contractor Consultant violates any of the terms, covenants, or provisions of this Contract, the Town shall have the right to terminate this Contract by giving seven (7) days’ notice in writing of the termination and date of such termination to the ContractorConsultant. The Town shall have the sole discretion to permit the Contractor Consultant to remedy the cause of the contemplated termination without waiving the Town’s right to terminate the Contract. All drawings, specifications, and other documents relating to the design or supervision of work shall be surrendered forthwith by The Consultant to the Town. The Town may take over work to be done under this Agreement and prosecute the work to completion by Contract or otherwise, and the Contractor shall be liable to the Town for all costs over the total amount the Town would have paid the Contractor had there been no breach or default. .
D. The Services may be terminated whenever adequate funds have not been appropriated by the Town Council in the annual budget for the purpose set forth herein. The Contractor Consultant is advised that the Town does not guarantee the appropriation of funds for any subsequent fiscal year (beginning July 1st) 1). The Contractor Consultant shall not perform services in any fiscal year following the current fiscal year without verification from the Director of Finance Town Administrator that adequate funds have been appropriated for that purpose in the budget for the relevant fiscal year. Upon such termination, the Town shall be liable to the Contractor Consultant only for payment for services provided before prior to the effective date of the termination. Upon the conclusion of the Contract or the termination of this Agreement for any reason all drawings, specifications, and other documents relating to the design, prosecution, or supervision of work shall be surrendered forthwith by the Contractor to the Town.
Appears in 1 contract
Samples: Consulting Agreement
Town’s Right to Terminate. A. This Agreement may be terminated by the Town for the convenience of the Town by written notice to the Contractor specifying the termination date of the Agreement.
B. In the event of termination that is not the fault of the Contractor, the Town shall pay to the Contractor the compensation properly due on work performed for Services properly performed before prior to the effective date of the termination. C .
C. In the event the Contractor breaches or defaults upon its obligations hereunder, or through any cause fails to perform any of the terms, covenants, or provisions of this Contract, or for any cause fails to make progress in work hereunder in a reasonable manner, or if the conduct of the Contractor impairs or prejudices the interests of the Town, or if the Contractor violates any of the terms, covenants, or provisions of this Contract, the Town shall have the right to terminate this Contract by giving notice in writing of the termination and date of such termination to the Contractor. The Town shall have the sole discretion to permit the Contractor to remedy the cause of the contemplated termination without waiving the Town’s right to terminate the Contract. The Town may take over work to be done under this Agreement and prosecute the work to completion by Contract or otherwise, and the Contractor shall be liable to the Town for all costs over in excess of the total amount the Town would have paid the Contractor had there been no breach or default. .
D. The Services may be terminated whenever adequate funds have not been appropriated by the Town Council in the annual budget for the purpose set forth herein. The Contractor is advised that the Town does not guarantee the appropriation of funds for any subsequent fiscal year (beginning July 1st) 1). The Contractor shall not perform services in any fiscal year following the current fiscal year without verification from the Director of Finance Town that adequate funds have been appropriated for that purpose in the budget for the relevant fiscal year. Upon such termination, the Town shall be liable to the Contractor only for payment for services actually provided before prior to the effective date of the termination. .
E. Upon the conclusion of the Contract or the termination of this Agreement for any reason all drawings, specifications, and other documents relating to the design, prosecution, or supervision of work shall be surrendered forthwith by the Contractor to the Town.
Appears in 1 contract
Samples: Service Agreement
Town’s Right to Terminate. A. This Agreement may be terminated by the Town for the convenience of the Town by written notice to the Contractor specifying the termination date of the Agreement.
B. In the event of termination that is not the fault of the Contractor, the Town shall pay to the Contractor the compensation properly due on work performed for Services properly performed before prior to the effective date of the termination. C .
C. In the event the Contractor breaches or defaults upon its obligations hereunder, or through any cause fails to perform any of the terms, covenants, or provisions of this Contract, or for any cause fails to make progress in work hereunder in a reasonable manner, or if the conduct of the Contractor impairs or prejudices the interests of the Town, or if the Contractor violates any of the terms, covenants, or provisions of this Contract, the Town shall have the right to terminate this Contract by giving notice in writing of the termination and date of such termination to the Contractor. The Town shall have the sole discretion to permit the Contractor to remedy the cause of the contemplated termination without waiving the Town’s right to terminate the Contract. The Town may take over work to be done under this Agreement and prosecute the work to completion by Contract or otherwise, and the Contractor shall be liable to the Town for all costs over in excess of the total amount the Town would have paid the Contractor had there been no breach or default. .
D. The Services may be terminated whenever adequate funds have not been appropriated by the Town Council in the annual budget for the purpose set forth herein. The Contractor is advised that the Town does not guarantee the appropriation of funds for any subsequent fiscal year (beginning July 1st) 1). The Contractor shall not perform services in any fiscal year following the current fiscal year without verification from the Director of Finance ____________________ that adequate funds have been appropriated for that purpose in the budget for the relevant fiscal year. Upon such termination, the Town shall be liable to the Contractor only for payment for services actually provided before prior to the effective date of the termination. .
E. Upon the conclusion of the Contract or the termination of this Agreement for any reason all drawings, specifications, and other documents relating to the design, prosecution, or supervision of work shall be surrendered forthwith by the Contractor to the Town.
Appears in 1 contract
Samples: Service Agreement
Town’s Right to Terminate. A. This Agreement may be terminated by the Town for the convenience of the Town by written notice to the Contractor Consultant specifying the termination date of the Agreement.
B. In the event of termination that is not the fault of the ContractorConsultant, the Town shall pay to the Contractor Consultant the compensation properly due on work performed for Services properly performed before prior to the effective date of the termination. C In .
C. If the event the Contractor breaches or defaults upon its obligations hereunder, or Consultant through any cause fails to perform any of the terms, covenants, or provisions of this ContractContract on its part to be performed, or of if it for any cause fails to make progress in work hereunder in a reasonable manner, or if the conduct of the Contractor Consultant impairs or prejudices the interests interest of the Town, or if the Contractor Consultant violates any of the terms, covenants, or provisions of this Contract, the Town shall have the right to terminate this Contract by giving seven (7) days’ notice in writing of the termination and date of such termination to the ContractorConsultant. The Town shall have the sole discretion to permit the Contractor Consultant to remedy the cause of the contemplated termination without waiving the Town’s right to terminate the Contract. All drawings, specifications, and other documents relating to the design or supervision of work shall be surrendered forthwith by The Consultant to the Town. The Town may take over work to be done under this Agreement and prosecute the work to completion by Contract or otherwise, and the Contractor Consultant shall be liable to the Town for all reasonable costs over the total amount greater than those the Town would have paid the Contractor Consultant had there been no breach or default. termination.
D. The Services may be terminated whenever adequate funds have not been appropriated by the Town Council in the annual budget for the purpose set forth herein. The Contractor Consultant is advised that the Town does not guarantee the appropriation of funds for any subsequent fiscal year (beginning July 1st) 1). The Contractor Consultant shall not perform services in any fiscal year following the current fiscal year without verification from the Director of Finance Town Administrator that adequate funds have been appropriated for that purpose in the budget for the relevant fiscal year. Upon such termination, the Town shall be liable to the Contractor Consultant only for payment for services provided before prior to the effective date of the termination. Upon the conclusion of the Contract or the termination of this Agreement for any reason all drawings, specifications, and other documents relating to the design, prosecution, or supervision of work shall be surrendered forthwith by the Contractor to the Town.
Appears in 1 contract
Samples: Consulting Agreement