IF THE OWNER TERMINATES THE WHOLE Sample Clauses

IF THE OWNER TERMINATES THE WHOLE. OR ANY PORTION OF THE WORK PURSUANT TO PARAGRAPH 10.2, THEN THE OWNER SHALL ONLY BE LIABLE TO THE CM FOR THOSE COSTS REIMBURSABLE TO THE CM IN ACCORDANCE WITH PARAGRAPH 10.4.2, PLUS A MARKUP OF TEN PERCENT FOR PROFIT AND OVERHEAD ON THE ACTUAL FULLY ACCOUNTED COSTS RECOVERED UNDER 10.4.2; PROVIDED HOWEVER, THAT IF THERE IS EVIDENCE THAT THE CM WOULD HAVE SUSTAINED A LOSS ON THE ENTIRE CONTRACT HAD IT BEEN COMPLETED, NO PROFIT SHALL BE INCLUDED OR ALLOWED HEREUNDER AND AN APPROPRIATE ADJUSTMENT SHALL BE MADE REDUCING THE AMOUNT OF THE SETTLEMENT TO REFLECT THE INDICATED RATE OF LOSS.
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IF THE OWNER TERMINATES THE WHOLE. OR ANY PORTION OF THE WORK PURSUANT TO PARAGRAPH 10.2, THE OWNER SHALL PAY THE CM THE AMOUNTS DETERMINED BY THE OWNER AS FOLLOWS: .1 AN AMOUNT FOR SUPPLIES, SERVICES, OR PROPERTY ACCEPTED BY THE OWNER PURSUANT TO PARAGRAPH 10.5.1.6 OR SOLD OR ACQUIRED PURSUANT TO PARAGRAPH 10.5.1.7 AND NOT HERETOFORE PAID FOR, AND TO THE EXTENT PROVIDED IN THE CONTRACT SUCH AMOUNT SHALL BE EQUIVALENT TO THE AGGREGATE PRICE FOR SUCH SUPPLIES OR SERVICES COMPUTED IN ACCORDANCE WITH THE PRICE OR PRICES SPECIFIED IN THE CONTRACT, APPROPRIATELY ADJUSTED FOR ANY SAVING OF FREIGHT OR OTHER CHARGES; AND .2 THE TOTAL OF:
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IF THE OWNER TERMINATES THE WHOLE. OR ANY PART OF THE WORK PURSUANT TO PARAGRAPH 10.3, THE OWNER MAY PROCURE, UPON SUCH TERMS AND IN SUCH MANNER AS THE OWNER MAY DEEM APPROPRIATE, SUPPLIES OR SERVICES SIMILAR TO THOSE SO TERMINATED, AND THE CM SHALL BE LIABLE TO THE OWNER FOR ANY EXCESS COSTS FOR SUCH SIMILAR SUPPLIES OR SERVICES. THE CM SHALL CONTINUE THE PERFORMANCE OF THE CONTRACT TO THE EXTENT NOT TERMINATED HEREUNDER.
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Related to IF THE OWNER TERMINATES THE WHOLE

  • Survives Termination The Contractor’s confidentiality obligation under the Contract shall survive termination of the Contract.

  • Earlier Termination Your employment hereunder shall terminate prior to the Initial Term (or any renewal term, in the event of renewal) on the following terms and conditions:

  • Compensation in the Event of Termination In the event that the Executive’s employment hereunder terminates prior to the expiration of this Agreement for any reason provided in Section 5 hereof, the Company shall pay the Executive, compensation and provide the Executive and the Executive’s eligible dependents with benefits as follows:

  • Other Termination This Agreement may be terminated and the transactions contemplated hereby may be abandoned at any time prior to the Disaffiliation Date by either Party if:

  • Termination After a Change in Control You will receive Severance Benefits under this Agreement if, during the Term of this Agreement and after a Change in Control has occurred, your employment is terminated by the Company without Cause (other than on account of your Disability or death) or you resign for Good Reason.

  • Vendor’s Termination If TIPS fails to materially perform pursuant to the terms of this Agreement, Vendor shall provide written notice to TIPS specifying the default (“Notice of Default”). If TIPS does not cure such default within thirty (30) days, Vendor may terminate this Agreement, in whole or in part, for cause. If Vendor terminates this Agreement for cause, and it is later determined that the termination for cause was wrongful, the termination shall automatically be converted to and treated as a termination for convenience.

  • Termination Following a Change in Control (a) In the event of the occurrence of a Change in Control, the Executive's employment may be terminated by the Company or a Subsidiary during the Severance Period and the Executive shall be entitled to the benefits provided by Section 4 unless such termination is the result of the occurrence of one or more of the following events:

  • Early Contract Termination The State may terminate this contract in whole or in part by giving fifteen (15) days written notice to the Purchaser when it is in the best interests of the State. If this contract is so terminated, the State shall be liable only for the return of that portion of the initial deposit that is not required for payment, and the return of unapplied payments. The State shall not be liable for damages, whether direct or consequential.

  • Final Termination Unless terminated at an earlier date by mutual agreement of the parties hereto, this Agreement shall terminate upon the first to occur of the following: (a) the last Serviced Appointment is terminated, matured or expired under the terms of the applicable Serviced Corporate Trust Contract and all Trust Assets in respect thereof have been fully distributed, (b) the last Serviced Appointment is Transferred to the applicable Purchaser, (c) the applicable Seller has resigned from the last Serviced Appointment if permitted under Section 7.2 below or (d) the applicable Seller is removed from appointment or the applicable Seller’s appointment is terminated with respect to the last Serviced Appointment in accordance with this Agreement, the applicable Serviced Corporate Trust Contract or any other agreement between the parties hereto entered into on or prior to the date hereof. Upon termination of this Agreement in accordance with this Section 7.1, each party’s further rights and obligations hereunder, other than the provisions of Section 8 and Section 9, shall terminate and be of no further force and effect and no party shall have any liability hereunder, except that neither the Sellers nor the Purchasers shall be relieved or released from any liabilities or damages arising out of its breach of any provision of this Agreement prior to termination.

  • In the Event of Termination After receipt of a notice of termination, except as otherwise directed, the AGENCY shall:

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