Agreement Termination – Default. This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement, or under any Addendum hereto, through no fault of the terminating party; provided, however, that no such termination may be effected unless the other party is given (1) not less than thirty (30) calendar days written notice of intent to terminate; and (2) an opportunity for consultation with the terminating party prior to termination. The Consultant's obligations to the Owner arising from the Consultant's improper acts or omissions shall survive the termination of this Agreement. In the event the termination is due to Consultant’s failure to fulfill the Consultant’s obligations, the Owner may take over the work and prosecute the same to completion by contract or otherwise pursuant to the provisions herein. In such case, the Consultant shall be liable to the Owner for any additional cost occasioned to the Owner thereby. If, after notice of termination for failure to fulfill contract obligations, it is determined that the Consultant had not so failed, the termination shall be deemed to have been effected for the convenience of the Owner. In such event, adjustment in the contract price shall be made as provided herein.
Agreement Termination – Default. This Agreement or the Services performed hereunder may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement, or under any Addendum hereto, through no fault of the terminating party; provided, however, that no such termination may be effected unless the other party is given (1) not less than thirty (30) calendar days written notice of intent to terminate; and (2) an opportunity for consultation with the terminating party prior to termination. Upon receipt of the notice of termination, the Consultant must immediately discontinue all services affected unless the notice directs otherwise. The Consultant's obligations to the Owner arising from the Consultant's improper acts or omissions shall survive the termination of this Agreement. In the event the termination is due to Consultant’s failure to fulfill the Consultant’s obligations, the Consultant must deliver to Owner all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and material prepared by the Engineer under the Agreement, whether complete or partially complete. In the event the termination is due to Consultant’s failure to fulfill the Consultant’s obligations, the Owner may take over the work and prosecute the same to completion by Agreement or otherwise pursuant to the provisions herein. In such case, the Consultant shall be liable to the Owner for any additional cost occasioned to the Owner thereby. Owner reserves the right to withhold payments to Consultant until such time the default is cured, if applicable, or the Owner elects to terminate the Agreement. Any compensation paid to Consultant for satisfactory work completed up and through the date the Consultant received the termination notice will not include anticipated profit on non-performed services under any circumstance. If, after notice of termination for failure to fulfill Agreement obligations, it is determined that the Consultant had not so failed, the termination shall be deemed to have been effected for the convenience of the Owner. In such event, adjustment in the contract price shall be made as provided herein. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law.
Agreement Termination – Default. This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement, or under any Project Addendum hereto, through no fault of the terminating party; provided, however, that no such termination may be effected unless the other party is given
Agreement Termination – Default. The following constitute Events of Default: The college or client is in breach of the performance of/or compliance with, any term, condition or obligation on its part to be observed or performed pursuant to this agreement. The college or client has failed to proceed diligently with the project. The college or client desires to terminate the project without 30 days written notice. An Event of Default has occurred and has not been remedied within 15 days of receipt of written notice of default, or a plan satisfactory to the college or client to remedy such Event of Default has not been put into place within such time period. Effect of Default: The client may suspend payment under this agreement until the end of the period given to the college to remedy the Event of Default. The college may suspend work on the project under this agreement until the period given to the client to remedy the Event of Default. By mutual consent of both parties terminate the agreement with all costs to that point being paid in full.
Agreement Termination – Default. The following constitute Events of Default: a) The College or Partner is in breach of the performance of/or compliance with, any term, condition or obligation on its part to be observed or performed pursuant to this agreement. b) The College or Partner has failed to proceed diligently with the project. c) The College or Partner desires to terminate the project without 30 days written notice. d) An Event of Default has occurred and has not been remedied within 15 days of receipt of written notice of default, or a plan satisfactory to the College or Partner to remedy such Event of Default has not been put into place within such time period. Effect of Default: a) The Partner may suspend payment under this agreement until the end of the period given to the College to remedy the Event of Default. b) The College may suspend work on the project under this agreement until the period given to the Partner to remedy the Event of Default. By mutual consent of both parties to terminate the agreement; all costs to that point will be paid in full. …continued …continued
