Termination by Designer Sample Clauses

Termination by Designer. By written notice to the Awarding Authority, the Designer may terminate this Contract (a) if, sixty (60) days following written notice to the Awarding Authority from the Designer of any default by the Awarding Authority hereunder, the Awarding Authority shall have failed to remove such default, or (b) if, the Awarding Authority shall have failed to issue a Notice to Proceed for of the next Phase of the Design Phase at least six (6) months after the Designer shall have performed all services required of the Designer in the Schematic Design Phase, the Design Development Phase, or the Construction Documents Phase of the Project as described in this Contract. Upon any such termination by the Designer, the Awarding Authority shall pay to the Designer all compensation and reimbursement payable to the Designer in accordance with this Contract up to and including the date of termination, plus reasonable costs incurred in connection with the termination as approved by the Awarding Authority. The payments to the Designer shall not exceed the limits established for the services when Approved or the fair value of the Designer's work, as the Awarding Authority shall determine. No amount shall be allowed for anticipated profit on unperformed services.

Termination by Designer. By written notice to MassDevelopment, the Designer may terminate this Contract (i) if MassDevelopment, within 60 days following written notice to MassDevelopment from the Designer of any default by MassDevelopment, shall have failed to remove such default, or (ii) if, after the Designer shall have performed all services required of the Designer in the schematic design phase, the design development phase, or the construction documents phase of the Project as described in this Contract, at least six months shall have elapsed without receipt by the Designer of a Notice to Proceed with the next phase of the Designer's services. Upon any such termination by the Designer all compensation and reimbursement payable to the Designer in accordance with this Contract up to and including the date of termination shall be paid to the Designer by MassDevelopment. The payments to the Designer shall not exceed the fair value of the Designer's work, as MassDevelopment shall determine. No amount shall be allowed for anticipated profit on unperformed services.