TERMINATION, SUSPENSION OR ABANDONMENT. 3.1 This agreement may be terminated by either party upon not less than thirty days written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination.
TERMINATION, SUSPENSION OR ABANDONMENT. 7.1 The Design Professional may terminate the Agreement upon not less than thirty days written notice should the Owner fail substantially to perform in accordance with the terms of the Agreement through no fault of the Design Professional. Owner may terminate the Agreement or any phase thereof with or without cause upon thirty (30) days prior written notice to the Design Professional. All work and labor being performed under the Agreement shall cease immediately upon Design Professional’s receipt of such notice. Before the end of the thirty (30) day period, Design Professional shall invoice the Owner for all work it satisfactorily performed prior to the receipt of such notice. No amount shall be due for lost or anticipated profits. All plans, field surveys, and other data related to the Project shall become property of the Owner upon termination of the Agreement and shall be promptly delivered to the Owner in a reasonably organized form. Should Owner subsequently contract with a new Design Professional for continuation of services on the Project, Design Professional shall cooperate in providing information.
TERMINATION, SUSPENSION OR ABANDONMENT. In the event of termination, suspension or abandonment of the Project by the Owner, the Architect shall be compensated for services performed. The Owner’s failure to make payments in accordance with this Agreement shall be considered substantial nonperformance and sufficient cause for the Architect to suspend or terminate services. Either the Architect or the Owner may terminate this Agreement after giving no less than seven days’ written notice if the Project is suspended for more than 90 days, or if the other party substantially fails to perform in accordance with the terms of this Agreement. Except as otherwise expressly provided herein, this Agreement shall terminate one year from the date of Substantial Completion.
TERMINATION, SUSPENSION OR ABANDONMENT. This AGREEMENT may be terminated by either party upon not less than seven (7) days written notice should the other party fail substantially to perform in accordance with the terms of this AGREEMENT through no fault of the party initiating the termination. CONSULTANT shall be compensated in full for services performed and expenses incurred prior to the date of termination, suspension, or abandonment. OWNERSHIP OF DOCUMENTS: Plans, specifications, designs and reports prepared under this AGREEMENT by the CONSULTANT as instruments of service, are and shall remain the CONSULTANT's property, whether the project for which they are made is executed or not. The CLIENT shall be permitted to retain copies, including reproducible copies of plans, specifications, designs and reports, in connection with the use and occupancy of the specific project. The plans, specifications, designs and reports shall not be used by the CLIENT on other projects, for additions to this project, or for completion of this project by others except by agreement in writing and, provided the CONSULTANT is not in default under this AGREEMENT, without appropriate compensation to the CONSULTANT. SCOPE OF OPINIONS: Unless otherwise specifically stated, any information, documents, records, data, interpretations, or opinions given to the CLIENT by the CONSULTANT in the course of the CONSULTANT's performance of the Services shall be for the CLIENT's sole use and benefit and only in connection with the specific project for which the CONSULTANT was engaged by the CLIENT, and the same is not intended to be used or relied upon by the CLIENT for any other purpose nor is it intended to benefit or be relied upon by any third party. Any such unintended use or reliance by the CLIENT or by a third party shall be at the CLIENT's or said third party's own risk. Further, any interpretation or opinion given by the CONSULTANT to the CLIENT shall be limited to the specific laws and/or regulations addressed in the AGREEMENT as the same may be further qualified by the interpretations or opinion in question.
TERMINATION, SUSPENSION OR ABANDONMENT. 8.1 (Termination for Cause) In the first sentence, change “This agreement” to “This Agreement”. Change “seven” to “ten”. Add to the end: “, but this Paragraph shall apply only if the failure had a serious, adverse effect on the nonbreaching party’s performance and the failure is not substantially cured before termination The notice shall summarize the grounds for termination.”
TERMINATION, SUSPENSION OR ABANDONMENT. 13.1 This Agreement and any Project Addendum may be terminated by either party upon not less than seven (7) days written notice should the other party fail substantially to perform in accordance with the terms of this Agreement and/or a Project Addendum through no fault of the party giving notice of termination.
TERMINATION, SUSPENSION OR ABANDONMENT. This Contractor’s Agreement may be terminated, suspended or abandoned in accordance with the General Conditions.
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. This Agreement may be terminated by the Owner upon not less than seven (7) days’ written notice should the Consultant fail substantially to perform in accordance with the terms of this Agreement to the extent not due to the fault of the Owner or any of their respective other consultants, and such failure is not cured within fourteen (14) days after receipt of such notice except as is otherwise expressly set forth herein including at Article 12 of this Agreement. Any termination of this Agreement hereunder shall not affect or impair the right of the Town to recover damages occasioned by any default of the Consultant, to the extent not due to the fault of the Town, or their respective other consultants, in whole or part, or to set off such damages against amounts otherwise owed to the Consultant. If the Project is suspended by the Owner for more than one hundred and twenty (120) consecutive days during the development and prior to completion of the 25% design phase or during the development and prior to completion of the 25% to 100% design phase, the Consultant shall be compensated for Services performed prior to notice of such suspension and expenses necessarily and reasonably incurred in order to suspend its services. If the Project is thereafter resumed, the Consultant shall not be entitled to additional compensation as a result of such interruption and resumption of the Consultant’s Services; provided that if the Project is suspended or the Consultant’s Services are suspended for more than one hundred eighty (180) consecutive days prior to completion of the 25% design phase or prior to completion of the 25% to 100% design phase, the Consultant may terminate the Agreement by giving not less than seven (7) days written notice. If, pursuant to the Section A. Project Phasing, the Owner suspends the project after the completion of the 25% design phase, but before commencing with tasks associated with the 25% to 100% design phase, for more than one (1) year, the Owner and Consultant shall reevaluate and adjust the hourly billing rates in Exhibit D. to accommodate wage increases accordingly. This Agreement may be terminated by the Owner for its convenience and without cause upon not less than ten (10) days’ written notice to the Consultant. In the event the Owner so terminates this Agreement without cause or for convenience, the Consultant shall be compensated for any unpaid and undisputed amount owed for Services performed prior to termination, together with R...
TERMINATION, SUSPENSION OR ABANDONMENT. 8.1 This Agreement may be terminated by the Owner upon not less than seven (7) days’ written notice should the Consultant fail substantially to perform in accordance with the terms of this Agreement to the extent not due to the fault of the Owner or any of their respective other consultants, and such failure is not cured within fourteen (14) days after receipt of such notice except as is otherwise expressly set forth herein including at Article 12 of this Agreement. Any termination of this Agreement hereunder shall not affect or impair the right of the Town to recover damages occasioned by any default of the Consultant, to the extent not due to the fault of the Town, or their respective other consultants, in whole or part, or to set off such damages against amounts otherwise owed to the Consultant.
