Common use of Vendor’s Right to Terminate for Cause Clause in Contracts

Vendor’s Right to Terminate for Cause. 16.5.1 Vendor, in addition to any other rights and remedies provided in the Contract Documents or by law, may indicate its intent to terminate the Agreement for cause upon ten (10) Days prior notice for the following reasons. * Confidential Treatment Requested (a) The performance of the Scope of Work has been stopped for more than [*] consecutive Days, or aggregate more than [*] Days during the duration of the Project, because of court order, any Governmental Authorities having jurisdiction over the work, or orders by Owner under Section 16.1 hereof, provided that such stoppages are not due to the acts or omissions of any Vendor Responsible Party. (b) Owner fails to meet its obligations under Article 4 and such failure results in the performance of the Scope of Work being stopped for more than one hundred and twenty (120) consecutive Days during the duration of the Project even though Owner has not ordered Vendor in writing to stop and suspend performance of the work pursuant to Section 16.1 hereof. (c) Owner’s failure to cure the problem set forth in Section 16.4.1 above within ten (10) Days after Vendor has stopped performance of the Scope of Work pursuant to Section 16.4.2 above. 16.5.2 Upon the occurrence of an event set forth in Section 16.5.1 above, Vendor may indicate an intent to terminate this Agreement for cause by providing written notice in conformance with Section 16.5.1 to Owner that it intends to terminate the Agreement unless the problem cited is cured, prior to the expiration of the applicable period(s) set forth in Section 16.5. 1. If Owner fails to cure such problem after the expiration of the period(s) set forth in Section 16.5.1, then Vendor may give a second written notice to Owner of its intent to terminate following an additional five (5) Day period. If Owner, within such additional five (5) Day period, fails to cure, or reasonably commence to cure, such problem, then Vendor may declare the Agreement terminated for cause by providing written notice to Owner of such declaration. In such case, Vendor shall be entitled to recover in the same manner as if Owner had terminated the Agreement for its convenience under Section 16.3.

Vendor’s Right to Terminate for Cause. 16.5.1 Vendor, in addition to any other rights and remedies provided in the Contract Documents or by law, may indicate its intent to terminate the Agreement for cause upon ten (10) Days prior notice for the following reasons. * Confidential Treatment Requested: (a) The performance of the Scope of Work work has been stopped for more than [*] one hundred and eighty (180) consecutive Days, or aggregate more than [*] two hundred and ten (210) Days in the aggregate during the duration of the Project, because of court order, any Governmental Authorities having jurisdiction over the work, or orders by Owner Bechtel under Section 16.1 hereof, provided that such stoppages are not due to the acts or omissions of any Vendor Responsible Party. (b) Owner Bechtel fails to meet its obligations under Article 4 this Agreement (except its obligation to pay amounts properly due to Vendor) and such failure results in the performance of the Scope of Work being stopped for more than one hundred and twenty (120) consecutive Days during the duration of the Project even though Owner Bechtel has not ordered Vendor in writing to stop and suspend performance of the work pursuant to Section 16.1 hereof. (c) Owner’s Xxxxxxx’x failure to cure the problem set forth in Section 16.4.1 above within ten forty (1040) Days after Vendor has stopped performance of the Scope of Work work pursuant to Section 16.4.2 above. (d) Bechtel becomes a Bankrupt Party as set forth in Section 16.6. 16.5.2 Upon the occurrence of an event set forth in Section 16.5.1 above, Vendor may indicate an intent to terminate this Agreement for cause by providing written notice in conformance with Section 16.5.1 to Owner Bechtel that it intends to terminate the Agreement unless the problem cited as to Section 16.5.1(a)-(c) is cured, prior to the expiration of the applicable period(s) set forth in Section 16.5. 116.5.1(a)-(c) (or such longer time as agreed by Vendor acting reasonably if Bechtel demonstrates that it has commenced such cure but it will take a longer period to complete such cure) and as to Section 16.5.1(d) as provided in Section 16.6. If Owner fails to cure such problem after the expiration of the period(s) set forth in Section 16.5.1, then Vendor may give a second written notice to Owner of its intent to terminate following an additional five (5) Day period. If Owner, within such additional five (5) Day period, Bechtel fails to cure, or reasonably commence to curecure and diligently pursue such cure until the problem is cured, such problemas applicable, then Vendor may declare the Agreement terminated for cause by providing written notice to Owner Bechtel of such declaration. In such case, Vendor shall be entitled to recover in the same manner as if Owner Bechtel had terminated the Agreement for its convenience under Section 16.3.