Common use of TERMINATION BY FRUSTRATION Clause in Contracts

TERMINATION BY FRUSTRATION. ‌ The Principal may terminate this Agreement if the Design and Construction Contract is terminated or if the Project or this Agreement is otherwise frustrated. If this Agreement is terminated on the basis of frustration, the Principal shall pay the Consultant: (a) any amount then due to the Consultant but unpaid; (b) for the Services carried out to the date of frustration which are not included in a previous payment claim; (c) the cost of materials and equipment reasonably ordered by the Consultant for the Services and which the Consultant is liable to accept, but only if they will become the Principal’s property upon payment; and (d) the costs reasonably incurred: (i) returning to their place of engagement the Consultant, subconsultants and their respective employees engaged in the Services at the date of frustration; and (ii) by the Consultant in expectation of completing the Services and not included in any other payment.