Common use of Project Termination Clause in Contracts

Project Termination. 1. The Grantee may unilaterally rescind this agreement at any time prior to the commencement of the Project. After Project commencement this agreement may be rescinded, modified or amended by mutual agreement in writing. 2. Failure by the Grantee to comply with the terms of this agreement or any other agreement under the Act may be cause for suspension of all obligations of the State hereunder. 3. Failure of the Grantee to comply with the terms of this agreement or contract under the enabling legislation may be cause for suspension of all obligations of the State hereunder. However, such failure shall not be cause for the suspension of all obligations of the State hereunder if in the judgment of the State such failure was due to no fault and beyond the control of the Grantee to prevent, mitigate, or remedy. 4. Because the benefit to be derived by the State, from the full compliance by the Grantee with the terms of agreement, is the, operation, development, preservation, protection and net increase in the quantity and quality of public outdoor recreation facilities available to the people of the State of California and because such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the State by way of Grant moneys under the terms of this agreement, the Grantee agrees that payment by the Grantee to the State of an amount equal to the amount of the Grant moneys disbursed under this agreement by the State would be inadequate compensation to the State for any breach by the Grantee of this agreement. The Grantee further agrees therefore, that the appropriate remedy in the event of a breach by the Grantee of this agreement shall be the specific performance of this agreement, unless otherwise agreed to by the State. Notwithstanding the foregoing, in the event of a breach of this agreement, or any portion thereof, which is due to no fault and beyond the control of the Grantee to prevent, mitigate, or remedy, the State’s sole remedy shall be the reimbursement of any funds advanced or paid that pertain to the breached term or terms of this agreement.

Project Termination. 1. The Grantee may unilaterally rescind this agreement Agreement at any time prior to the commencement of the Project. After Project commencement this agreement Agreement may be rescinded, modified or amended by mutual agreement in writing. 2. Failure by the Grantee to comply with the terms of this agreement Agreement or any other agreement under the Act may be cause for suspension of all obligations of the State hereunder. 3. Failure of the Grantee hereunder and reimbursement to comply with the terms of this agreement or contract under the enabling legislation may be cause for suspension of all obligations of the State hereunderof any Grant moneys already provided to the Grantee. However, such failure shall not be cause for the suspension of all obligations of the State hereunder if if, in the judgment of the State State, such failure was due to no fault and beyond the control of the Grantee to prevent, mitigate, mitigate or remedy. 43. Because the benefit to be derived by the State, State from the full compliance by the Grantee with the terms of agreement, this Agreement is the, the operation, development, preservation, protection and net increase in the quantity and quality of public outdoor recreation facilities available to the people of the State of California California, and because such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the State by way of Grant moneys under the terms of this agreementAgreement, the Grantee agrees that payment by the Grantee to the State of an amount equal to the amount of the Grant moneys disbursed under this agreement Agreement by the State would be inadequate compensation to the State for any breach by the Grantee of this agreementAgreement. 4. The Grantee further agrees agrees, therefore, that the appropriate remedy in the event of a breach by the Grantee of this agreement Agreement shall be the specific performance of this agreementAgreement, unless otherwise agreed to by the State. Notwithstanding the foregoing, in the event of a breach of this agreementAgreement, or any portion thereof, which is due to no fault and beyond the control of the Grantee to prevent, mitigate, or remedy, the State’s sole remedy shall be the reimbursement of any funds advanced or paid that pertain to the breached term or terms of this agreementAgreement.

Project Termination. 1. The Grantee may unilaterally rescind this agreement Agreement at any time prior to the commencement of the Project. After Project commencement this agreement Agreement may be rescinded, modified or amended by mutual agreement in writing. 2. Failure by the Grantee to comply with the terms of this agreement Agreement or any other agreement under the Act may be cause for suspension of all obligations of the State hereunder. 3. Failure of the Grantee hereunder and reimbursement to comply with the terms of this agreement or contract under the enabling legislation may be cause for suspension of all obligations of the State hereunderof any Grant moneys already provided to the Grantee. However, such failure shall not be cause for the suspension of all obligations of the State hereunder if if, in the judgment of the State State, such failure was due to no fault and beyond the control of the Grantee to prevent, mitigate, mitigate or remedy. 43. Because the benefit to be derived by the State, State from the full compliance by the Grantee with the terms of agreement, this Agreement is the, the operation, development, preservation, protection and net increase in the quantity and quality of public outdoor recreation facilities available to the people of the State of California California, and because such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the State by way of Grant moneys under the terms of this agreementAgreement, the Grantee agrees that payment by the Grantee to the State of an amount equal to the amount of the Grant moneys disbursed under this agreement Agreement by the State would be inadequate compensation to the State for any breach by the Grantee of this agreementAgreement. 4. The Grantee further agrees agrees, therefore, that the appropriate remedy in the event of a breach by the Grantee of this agreement Agreement shall be the specific performance of this agreementAgreement, unless otherwise agreed to by the State. Notwithstanding the foregoing, in the event of a breach of this agreementAgreement, or any portion thereof, which is due to no fault and beyond the control of the Grantee to prevent, mitigate, or remedy, the State’s 's sole remedy shall be the reimbursement of any funds advanced or paid that pertain to the breached term or terms of this agreementAgreement.

Project Termination. 1. Prior to the completion of Project, either party may terminate this Agreement by providing the other party with thirty (30) days’ written notice of such termination. The Grantee State may unilaterally rescind also terminate this agreement Grant Agreement for any reason at any time if it learns of or otherwise discovers that there is a violation of any state or federal law or policy by Grantee which affects performance of this, or any other grant agreement or contract entered into with the State. 2. If the State terminates without cause the Agreement prior to the commencement end of the Project Performance Period, the Grantee shall take all reasonable measures to prevent further costs to the State under this Agreement. The State shall be responsible for and reimburse to Grantee any eligible, reasonable, and non-cancelable obligations and costs incurred by the Grantee in the performance of the Agreement prior to the date of the notice to terminate, but only up to the undisbursed balance of funding authorized in this Agreement. 3. If the Grantee fails to complete the Project in accordance with this Agreement or fails to fulfill any other obligations of this Agreement prior to the termination date, the Grantee shall be liable for immediate repayment to the State of all amounts disbursed by the State under this Agreement, plus accrued interest and any further costs related to the Project. After Project commencement The State may, at its sole discretion, consider extenuating circumstances and not require repayment for work partially completed provided that the State determines it is in the State’s best interest to do so. This paragraph shall not be deemed to limit any other remedies available to the State for breach of this agreement may be rescinded, modified or amended by mutual agreement in writingAgreement. 24. Failure by the Grantee to comply with the terms of this agreement Agreement or any other agreement Agreement under the Act may be cause for suspension of all obligations of the State hereunder. 35. Failure of the Grantee to comply with the terms of this agreement or contract under the enabling legislation may be cause for suspension of all obligations of the State hereunder. However, such failure Agreement shall not be cause for the suspension of suspending all obligations of the State hereunder if if, in the judgment of the State State, such failure was due to no fault and beyond the control of the Grantee Grantee. At the discretion of the State, any amount required to prevent, mitigate, or remedysettle at minimum cost any irrevocable obligations properly incurred shall be eligible for reimbursement under this Agreement. 46. Because the benefit to be derived by the State, State from the full compliance by the Grantee with the terms of agreement, this Agreement is the, operation, development, preservation, protection and net increase the for the purposes as stated in the quantity and quality of public outdoor recreation facilities available to application for the people of the State of California and because such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the State by way of Grant moneys Funds under the terms provisions of this agreementAgreement, the Grantee agrees that payment by the Grantee to the State of an amount equal to the amount of the Grant moneys Funds disbursed under this agreement Agreement by the State would be inadequate compensation to the State for any breach by the Grantee of this agreementAgreement. The Grantee further agrees therefore, that the appropriate remedy in the event of a breach by the Grantee of this agreement Agreement shall be the specific performance of this agreementAgreement, unless otherwise agreed to by the State. Notwithstanding the foregoing, in the event of a breach of this agreement, or any portion thereof, which is due to no fault and beyond the control of the Grantee to prevent, mitigate, or remedy, the State’s sole remedy shall be the reimbursement of any funds advanced or paid that pertain to the breached term or terms of this agreement.