Common use of Termination by the District Clause in Contracts

Termination by the District. (a) At any time and for any reason, the District may terminate this Agreement, in whole or in part, or may terminate any or all CM Services being or to be provided by the Construction Manager, by giving written notice to the Construction Manager (“District Termination Notice”). A District Termination Notice shall be effective fifteen days after receipt by the Construction Manager or as of such other date as may be specified in the District Termination Notice. In the event this Agreement is terminated in part only, the Construction Manager shall continue to provide the CM Services required pursuant to the part of this Agreement not terminated, and the Basic CM Fee shall, if applicable, be equitably adjusted accordingly. (b) Within fifteen days after receipt of a District Termination Notice, or as otherwise directed therein, the Construction Manager shall discontinue all CM Services to the extent set forth in the District Termination Notice. Within ten days after the effective date of any such termination, the Construction Manager shall deliver to the District any and all documents, schedules, estimates or other materials related to the portion terminated that have been prepared or obtained by the Construction Manager in performance of the CM Services, whether such materials have been completed or are in progress. (c) In the event the District terminates this Agreement, in whole or in part, as a result of any material breach by the Construction Manager of its obligations pursuant to this Agreement, the District’s remedies for such breach shall not be limited except as may be provided by law and shall include the right to recover from the Construction Manager all of the District’s related costs and expenses, including, without limitation, attorneys’ fees.