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After receipt of a Final Application for Payment from Design-Builder, Owner shall make final payment by the time required in the Agreement, provided that Design-Builder has completed all of the Work in conformance with the Contract Documents, an occupancy permit has been issued, and any commissioning process and validation process have been successfully concluded ("Final Completion"), and all of the requirements of Final Acceptance have been completed and documented as required by the Contract Documents and Law.
After receipt of a Notice of Termination and except as otherwise directed by the County, the Contractor must:
A. Stop work under the Contract on the date and to the extent specified in the Notice of Termination.
B. Obligate no additional contract funds for payroll costs and other costs beyond the date as the County specifies.
C. As of the date the termination is effective, present all Contract records and submit to the County the records, data, notes, reports, discs, and documents ("Records") as the County specifies, all pertinent keys to files, and carry out such directives as the County may issue concerning the safeguarding or disposition of files and property.
▇. ▇▇▇▇▇▇ within thirty (30) days a final report of receipts and expenditures of funds relating to this Contract.
E. Place no further orders on subcontracts for materials, services, or facilities, except as may be necessary for completion of such portion of the work under this Contract as is not terminated;
F. Terminate all orders and subcontracts to the extent that they relate to the portion of work so terminated;
G. Submit within thirty (30) days a listing of all creditors, subcontractors, lessors, and other parties with which the Contractor has incurred financial obligations pursuant to the Contract.
After receipt of a Notice of Termination for Convenience issued pursuant to this, and except as otherwise directed by the Contracting Officer, the Contractor shall:
(1) Stop work under the Agreement on the date and to the extent specified in the Notice of Termination for Convenience.
(2) Place no further orders or Subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work that is not terminated.
(3) Terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the Notice of Termination for Convenience.
(4) Assign to the Authority, in the manner, at the times, and to the extent directed by the Contracting Officer, all rights, title and interest of the Contractor under the orders and Subcontractors so terminated, in which case the Authority shall have the right, in its sole and absolute discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts.
(5) Settle all outstanding liabilities and all claims arising out of such termination of orders or subcontracts, with the prior written approval or ratification by the Contracting Officer to the extent he may require, which approval or ratification shall be final for all purposes of this Section.
(6) Transfer title to the Authority and deliver in the manner, at the times, and to the extent, if any, directed by the Contracting Officer:
(A) The fabricated or unfabricated parts, work in progress, completed work, supplies, and other material procured as a part of, or acquired in connection with, the performance of the work terminated by the Notice of Termination for Convenience; and
(B) The completed, or partially completed plans, drawings, information and other property which, if the Agreement had been completed, would have been required to be furnished to the Authority.
(7) Use its best efforts to sell, in the manner, at the times, to the extent, and at the price or prices directed or authorized by the Contracting Officer, any property of the types referred to in Subparagraph (6); provided, however, that the Contractor:
(A) Shall not be required to extend credit to any purchaser;
(B) May acquire any property under the conditions prescribed and at a price or prices approved by the Contracting Officer; and
(C) Provided further, that the proceeds of any such transfer or disposition shall be approved in reduction of any payments to be made by the Authority to the Contractor under ...
After receipt of a Notice of Termination, or sixty (60) days prior to the expiration of the Agreement should either party elect not to renew the Agreement, and except as otherwise mutually agreed by Agent and the Association, Agent shall:
After receipt of a Notice of Termination, and except as otherwise directed by the County, the Contractor shall:
10.03.1 Stop work under this Contract on the date and to the extent specified in the Notice of Termination.
10.03.2 Place no further orders or subcontracts for materials, Services or Work or facilities, except as may be necessary for completion of such portion of the Work under this Contract, as it is not terminated.
10.03.3 Terminate all orders and subcontracts to the extent that they relate to the performance of Services or Work terminated by the Notice of Termination.
10.03.4 Assign to the County, in the manner, at the times and to the extent directed by the County, all of the right, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case the County shall have the right, in its sole discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts.
10.03.5 With the approval of the County and to the extent required by the County, settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts. County's approval of such settlements shall be final for all the purposes of Article 10 - Term and Termination.
10.03.6 Transfer title and deliver to the County, in the manner, at the times, and to the extent, if any, directed by the County:
10.03.6.1 The designs, specifications, reports, studies, plans, bulletins, schedules, estimates, other documentation and/or other Work-in-process, completed Work or Services, supplies, and other materials produced as a part of, or acquired in connection with the performance of the Work or Services terminated by the Notice of Termination; and,
10.03.6.2 The completed or partially completed designs, specifications, reports, studies, plans, bulletins, schedules, estimates or other documentation which, if this Contract has been completed, would have been required to be furnished to the County.
10.03.7 Complete performance of such part of the Work or Services as shall not have been terminated by the Notice of Termination.
After receipt of a Notice of Termination and except as otherwise directed by Owner in the Notice of Termination or otherwise, Development Manager shall:
9.6.1.1 Stop work under this Agreement;
9.6.1.2 At Owner's request and, if the Notice of Termination is delivered pursuant to Section 9.1, at Owner's expense, either terminate all orders and agreements to the extent that they relate to the performance of Work terminated by the Notice of Termination or otherwise or assign such orders and agreements to Owner, as Owner directs.
9.6.1.3 Assign to Owner, in the manner, at the times, and to the extent directed by Owner, all of the right, title and interest of Development Manager under the orders and agreements so terminated;
9.6.1.4 Transfer title and deliver to Owner as directed by Owner: (a) work in process, completed work, supplies, and other material procured as a part of, or acquired in connection with the performance of, the work terminated by the Notice of Termination or otherwise, (b) information and other property which, if this Agreement had not been terminated, would have been required to be furnished to Owner, and (c) all books, records and documents relating to the Project; and
9.6.1.5 At Owner's expense take such action as may be necessary, or as Owner may direct, for the protection and preservation of the property related to the Agreement which is in the possession of Development Manager and in which Owner had or may acquire an interest.
After receipt of a Notice of Termination, and except as directed by Buyer, Seller shall immediately, as to the terminated portion of this Agreement, proceed with all actions necessary to effect the elimination of the terminated Services by the effective date of the termination and protect property in Seller’s possession in which Buyer has or may acquire an interest.
After receipt of a Notice of Claim, Program Manager shall have fourteen (14) calendar days to render a decision, which shall be stated in writing and delivered to Architect and Owner and via facsimile, regular mail or hand delivery. If Program Manager fails to render a decision in writing within the 14 days, the claim shall be deemed accepted. Within five (5) calendar days of receipt of Program Manager’s written decision, Architect may file a written appeal of the decision to Owner with a copy to Program Manager. Owner shall have ten (10) calendar days to render a decision, which shall be stated in writing and delivered to Architect and Program Manager via facsimile, regular mail or hand delivery. If Owner fails to render a decision in writing within the 10 days, the claim shall be deemed accepted. Within five (5) calendar days of receipt of Owner’s written decision, Architect may file a written appeal of the decision with the Executive Director of Construction Services. Within fourteen (14) calendar days of the receipt of an appeal, an Appeals Board, consisting of Owner’s Executive Director of Construction Services, Owner’s Chief Operating Officer, and a representative of Owner’s offices of Legal Services, shall render a written decision. The filing, or rejection of a Claim does not entitle Architect to stop performance of the Work. Architect shall proceed diligently with performance of the Architect Agreement during the pendency of any Claim, excepting termination or under Owner's direction to stop the Work. Any Claim that would require expenditure in excess of $10,000, or that would require a contract amendment, must be reviewed by Owner and the Appeals Board using the appeals process described in this section. If resolution of the claim is not achieved, then the parties will proceed with procedures set out in 13.10.6 Pre-Litigation Mediation.
After receipt of a Notice of Termination, the CONTRACTOR shall submit to the COUNTY, in the form and with the certifications as may be prescribed by the COUNTY, its termination claim and invoice. Such claim and invoice shall be submitted promptly, but not later than three (3) months from the effective date of termination. Upon failure of the CONTRACTOR to submit its termination claim and invoice within the time allowed, the COUNTY may determine, on the basis of information available to the COUNTY, the amount, if any, due to the CONTRACTOR in respect to the termination and such determination shall be final. After such determination is made, the COUNTY shall pay the CONTRACTOR the amount so determined.