TERMINATION BY SAFE. This agreement may be terminated by the SAFE at any time upon thirty (30) days’ written notice to CONTRACTOR. In full discharge of any obligation to CONTRACTOR in respect of this agreement and such termination, the SAFE shall pay for the costs and non-cancelable commitments incurred prior to the date of termination and fair closeout costs in accordance with Article 4. CONTRACTOR shall take all reasonable steps to minimize termination If CONTRACTOR becomes insolvent, assigns or subcontracts the work without SAFE’s prior approval, does not deliver the work specified in this agreement or fails to perform in the manner called for, or fails to comply with any other material provision of this agreement, SAFE may terminate this agreement for default. Termination shall be effected by serving a ten (10) day advance written notice of termination on CONTRACTOR, setting forth the manner in which CONTRACTOR is in default. If CONTRACTOR does not cure the breach or propose a plan and schedule for curing the breach acceptable to SAFE within the ten (10) day period, SAFE may terminate this agreement. SAFE shall pay the CONTRACTOR.for completed work as described above, except that (i) in no event shall SAFE be required to compensate the CONTRACTOR for defaulted work, and (ii) any amounts paid shall be offset by any costs incurred by SAFE to correct or complete work required under this agreement, including the difference between CONTRACTOR's price for this agreement and any higher price paid to another contractor retained to complete the work. If it is determined by SAFE that CONTRACTOR’s failure to perform resulted from unforeseeable causes beyond the control of CONTRACTOR, such as a strike, fire, flood, earthquake or other event that is not the fault of, or is beyond the control of CONTRACTOR, SAFE, after setting up a new delivery or performance schedule, may allow CONTRACTOR to continue work, or treat the termination as a termination for convenience.
Appears in 1 contract
Sources: Service Agreement
TERMINATION BY SAFE. This agreement 11.1 SAFE may be terminated by the SAFE terminate this Agreement, in whole or in part, for convenience at any time upon thirty (30) days’ by written notice to CONTRACTOR. In full discharge Upon receipt of any obligation to CONTRACTOR in respect notice of this agreement and such termination, the SAFE CONTRACTOR shall pay for the costs and non-cancelable commitments incurred prior stop work under this Agreement immediately, to the date extent provided in the notice of termination, and shall promptly submit its termination claim to the Executive Director for work performed up to the time of termination, CONTRACTOR shall be paid: (i) the full price for completed and fair closeout approved sites under Task A through D and Administrative Tasks, as well as Task F, (ii) for hours worked and costs in accordance with Article 4incurred under Task E for costs incurred for Special Projects, as well as reasonable termination costs, up to the maximum amount payable under this Agreement. CONTRACTOR shall take all reasonable steps to minimize termination costs. If CONTRACTOR has any property in its possession belonging to SAFE, CONTRACTOR will account for the same, and dispose of it in the manner SAFE directs.
11.2 If CONTRACTOR becomes insolvent, assigns or subcontracts the work without SAFE’s prior approval, does not deliver the work specified in this agreement Agreement or fails to perform in the manner called for, or fails to comply with any other material provision of this agreementAgreement, SAFE may terminate this agreement Agreement for default. Termination shall be effected by serving a ten (10) day advance written notice of termination on CONTRACTOR, setting forth the manner in which CONTRACTOR is in default. If CONTRACTOR does not cure the breach or propose a plan and schedule for curing the breach acceptable to SAFE within the ten (10) day period, SAFE may terminate this agreementAgreement. SAFE shall pay the CONTRACTOR.for CONTRACTOR for completed work as described above, except that (i) in no event shall SAFE be required to compensate the CONTRACTOR for defaulted work, and (ii) any amounts paid shall be offset by any costs incurred by SAFE to correct or complete work required under this agreement, including the difference between CONTRACTOR's price for this agreement and any higher price paid to another contractor retained to complete the work. If it is determined by SAFE that CONTRACTOR’s failure to perform resulted from unforeseeable causes beyond the control of CONTRACTOR, such as a strike, fire, flood, earthquake or other event that is not the fault of, or is beyond the control of CONTRACTOR, SAFE, after setting up a new delivery or performance schedule, may allow CONTRACTOR to continue work, or treat the termination as a termination for convenience.
Appears in 1 contract
Sources: Service Agreement