TERMINATION BY ENGINEER Sample Clauses
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TERMINATION BY ENGINEER. 10.1 If OWNER fails to pay ENGINEER, within one hundred twenty (120) days after payment is due, ENGINEER may, after having given fifteen (15) days written notice, and if OWNER has not made payment, terminate this Agreement. In the event of such termination, OWNER shall compensate ENGINEER in accordance with the provisions of Sections 8.6 and 9.2 of this Agreement.
10.2 If OWNER requests ENGINEER to furnish or perform services contrary to ENGINEER’S responsibilities as a licensed designed professional, ENGINEER shall notify Director of OWNER of this request within three (3) days of the request being made. If Director renews request and request actually requires ENGINEER to act contrary to ENGINEER’S responsibilities as a license design professional, ENGINEER may terminate this Agreement upon seven (7) days written notice to OWNER. In the event of such termination, OWNER shall compensate ENGINEER in accordance with the provisions of Section 9.2 of this Agreement.
10.3 If ENGINEER loses the services of key personnel essential to the prosecution of this Agreement ENGINEER has the following options:
a. With the consent of OWNER, substitute other personnel. OWNER may not unreasonably withhold consent.
b. Terminate the Agreement. However, if ENGINEER terminates the Agreement, OWNER may complete PROJECT in any manner deemed appropriate. ENGINEER shall be liable to OWNER for the difference between the cost of completing the PROJECT after termination and the contract price together with any incidental and consequential damages, but less expenses saved in consequence of ENGINEER’S termination.
TERMINATION BY ENGINEER. If work on the Project shall be delayed for more than 30 calendar days of account of one or more of the occurrences set forth in Section 8, or if Sponsor shall fail to pay the Engineer in accordance with the terms of Section 3, the Engineer may, at its option, upon five (5) business days written notice to Sponsor, terminate this Agreement. In the event of any such termination, Sponsor shall reimburse the Engineer for all costs of performance of the Services as the Engineer may have incurred on account of such delays. Sponsor shall thereafter assume all obligations, commitments, or other liabilities that Engineer shall have previously incurred or made in connection with its performance of the Services and for which the Engineer has not been paid and released.
TERMINATION BY ENGINEER. The Engineer may terminate this Agreement in whole or in part, if the Sponsor:
TERMINATION BY ENGINEER. 10.1 If OWNER fails to pay ENGINEER, within one hundred twenty (120) days after payment is due, ENGINEER may, after having given fifteen (15) days written notice, and if OWNER has not made payment, terminate this Agreement. In the event of such termination, OWNER shall compensate ENGINEER in accordance with the provisions of Paragraphs 8.6 and 9.2 of this Agreement.
10.2 If OWNER requests ENGINEER to furnish or perform services contrary to ENGINEER’S responsibilities as a licensed designed professional, ENGINEER shall notify OWNER of this request within three (3) days of the request being made. If OWNER renews request and request actually requires ENGINEER to act contrary to ENGINEER’S responsibilities as a licensed design professional, ENGINEER may terminate this Agreement upon seven
TERMINATION BY ENGINEER. In the event OWNER fails to comply with any provisions of this Agreement, or if it fails to timely pay compensation due to ENGINEER, ENGINEER may serve written notice thereof upon OWNER, and if OWNER fails within a period of seven (7) days thereafter to correct such failure, ENGINEER may terminate this Agreement upon written notice to OWNER. Upon such termination, ENGINEER shall cease its performance of this Agreement and when paid the amount due for such work, shall deliver to OWNER all completed or partially completed work for the PROJECT.
TERMINATION BY ENGINEER. For any material breach of contract by the District other than one related to a payment or invoice dispute as described in Section 4.4 of this Agreement, the Engineer may terminate the Agreement by delivering written Notice of Intent to Terminate to the District. Such Notice shall include the following: (1) A description of such material breach, (2) a date not less than fourteen (14) days after delivery of the notice by which the District must cure such breach or reasonably commence to cure such breach, (3) the status of work completed as of the date of the Notice of Intent to Terminate, and (4) a description and cost estimate of the effort necessary to complete the work in progress. In response to such Notice, if the District fails to cure, and fails to reasonably commence to cure, the breach by the deadline set by the Notice, then Engineer may terminate the Agreement by written notice delivered to the District within ten (10) days of the cure deadline, which shall be effective upon such delivery. In the event of such termination by Engineer, Engineer shall be compensated for all Basic and Additional Services completed, and Reimbursable Expenses incurred, pursuant to this Agreement through the date of termination, together with compensation for such Basic and Additional Services performed, and Reimbursable Expenses incurred, after termination which are authorized by the District.
TERMINATION BY ENGINEER. If the City materially fails to meet its responsibilities and obligations under this Agreement, Engineer shall notify the City of such failure. If the City fails to cure its material breach, Engineer may, after thirty (30) days written notice, terminate its performance under this Agreement.