Common use of Unilateral Termination by NASA Clause in Contracts

Unilateral Termination by NASA. (1) NASA may unilaterally terminate this Agreement upon written notice as follows. NASA's obligations under this Agreement may be terminated, in whole or in part, (a) upon a declaration of war by the Congress of the United States; or (b) upon a declaration of a national emergency by the President of the United States; or (c) upon a NASA determination, in writing, that NASA is required to terminate for reasons beyond its control; or (d) upon a determination, in writing, by the Administrator of the National Aeronautics and Space Administration (NASA) or duly authorized representative that Tipping Point no longer aligns with the agency’s strategic objectives such that it is not in NASA’s best interests to continue performance of this Agreement. For purposes of Section C.(1)(c) of this Article, reasons beyond NASA's control include, but are not limited to, acts of God or of the public enemy, acts of the U.S. Government other than NASA, in either its sovereign or contractual capacity (to include failure of Congress to appropriate sufficient funding or Congressionally directed changes in agency priorities), fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, or unusually severe weather.

Unilateral Termination by NASA. (1) NASA may unilaterally terminate this Agreement upon written notice as follows. NASA's obligations under this Agreement may be terminated, in whole or in part, (a) upon a declaration of war by the Congress of the United States; or (b) upon a declaration of a national emergency by the President of the United States; or (c) upon a NASA determination, in writing, that NASA is required to terminate for reasons beyond its control; or (d) upon a determination, in writing, by the Administrator of the National Aeronautics and Space Administration (NASA) or duly authorized representative that Tipping Point no longer aligns with the agency’s 's strategic objectives such that it is not in NASA’s 's best interests to continue performance of this Agreement. For purposes of Section C.(1)(c) of this Article, reasons beyond NASA's control include, but are not limited to, acts of God or of the public enemy, acts of the U.S. Government other than NASA, in either its sovereign or contractual capacity (to include failure of Congress to appropriate sufficient funding or Congressionally directed changes in agency priorities), fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, or unusually severe weather.