Common use of TERMINATION FOR CAUSE/DEFAULT Clause in Contracts

TERMINATION FOR CAUSE/DEFAULT. The Contract shall remain in force for the Initial Contract Term or any Renewal Contract Term(s) and until MCPS determines that all of the Contract requirements and conditions have been met. MCPS shall have the right to terminate this Contract sooner if the Contractor is in breach or default or has failed to perform satisfactorily the Work required, as determined by MCPS at its discretion. If MCPS determines the Contractor has failed to perform satisfactorily, MCPS will give the Contractor written notice of such failure and the opportunity to cure such failures within at least fifteen (15) days before termination of the Contract takes effect (“Cure Period”). If the Contractor fails to cure within the Cure Period or as otherwise specified in the notice, the Contract may be terminated for the Contractor’s failure to provide satisfactory Contract Performance. If through any cause, the Contractor fails to fulfill in a timely and proper manner their obligations under the Contract, or if the Contractor violates any of the covenants, agreements, or stipulations of the Contract, MCPS shall thereupon have the right to terminate the Contract, specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models and reports prepared by the Contractor under the Contract shall at the option of MCPS, become its property and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed. However, upon termination pursuant to this section, the Contractor shall be liable to MCPS for all costs incurred by MCPS after the effective date of termination, including costs required to be expended by MCPS to complete the Work covered by the Contract, including costs of delay in completing the Work or the cost of repairing or correcting any unsatisfactory or non-compliant work performed or provided by the Contractor or its subcontractors. Such costs shall be either deducted from any amount due the Contractor or shall be promptly paid by the Contractor to MCPS upon demand by MCPS. Additionally, and notwithstanding any provision in this Contractor to the contrary, the Contractor is liable to MCPS, and MCPS shall be entitled to recover all damages to which MCPS is entitled by this Contract or by law, including, but not limited to, direct damages, indirect damages, consequential damages, delay damages, replacement costs, refund of all sums paid by MCPS to the Contractor under the Contract and all attorney fees and costs incurred by MCPS to enforce any provision of this Contract. If in the event any termination for cause, default or breach shall be found to be improper or invalid by any court of competent jurisdiction then such termination shall be deemed to have been a termination for convenience.

TERMINATION FOR CAUSE/DEFAULT. The Contract A. If through any cause, the Contractor shall remain fail to perform in force for a timely and proper manner its obligations under this Contract, or if the Initial Contract Term or Contractor shall violate any Renewal Contract Term(s) and until MCPS determines that all of the Contract requirements and conditions have been met. MCPS covenants, agreements or stipulations of this Contract, the State shall thereupon have the right to terminate this Contract sooner if for cause. The State shall notify Contractor of the Contractor is in breach Contractor’s unsatisfactory performance of any term or default or has failed to perform satisfactorily the Work required, as determined condition of this Contract by MCPS at its discretion. If MCPS determines the Contractor has failed to perform satisfactorily, MCPS will give giving the Contractor written notice of the specific obligation that the Contractor had performed unsatisfactorily. The Contractor shall, within thirty (30) days from receipt of such failure and the opportunity to notice, cure such failures within at least fifteen (15) days before termination of the Contract takes effect (“Cure Period”)unsatisfactory performance. If the Contractor fails to cure its unsatisfactory performance within the Cure Period or as otherwise specified in the noticesuch thirty (30) day period, the Contract State may, within its sole discretion, either extend the period within which the Contractor may be terminated for cure its performance by providing written notice of the specific extension period to the Contractor’s failure to provide satisfactory Contract Performance. If through any cause, the Contractor fails to fulfill in a timely and proper manner their obligations under the Contract, or if immediately terminate this Contract by providing written notice of termination to the Contractor violates any Contractor. B. In the event of the covenants, agreements, or stipulations of the Contract, MCPS shall thereupon have the right to terminate the Contract, specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models models, photographs, and reports or other material prepared by the Contractor under the this Contract shall shall, at the option of MCPSthe State, become its property State property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completedservices and goods delivered and accepted by the State. HoweverThis provision shall in no way limit other remedies available to the State in this Contract, upon termination pursuant to this sectionor remedies otherwise available at law. C. Notwithstanding the above, the Contractor shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of this Contract by the Contractor, and the State may withhold any payment to the Contractor for the purpose of mitigating its damages until such time as the exact amount of damages due to the State from the Contractor is determined. D. The State may immediately terminate this Contract by providing written notice of termination to the Contractor if the Contractor’s representative furnished any statement, representation, warranty, or certification in connection with the solicitation or award of this Contract which is materially false, or deceptive. The State will not be liable to MCPS for all any costs incurred by MCPS after the effective date of termination, including costs required to be expended by MCPS to complete the Work covered by the Contract, including costs of delay in completing the Work or the cost of repairing or correcting any unsatisfactory or non-compliant work performed or provided by the Contractor or its subcontractors. Such costs shall be either deducted from if termination is for any amount due of these causes. E. If after such termination it is determined, for any reason, that the Contractor was not in default, or shall be promptly paid by that the Contractor to MCPS upon demand by MCPS. AdditionallyContractor’s action/inaction was excusable, and notwithstanding any provision in this Contractor to the contrary, the Contractor is liable to MCPS, and MCPS shall be entitled to recover all damages to which MCPS is entitled by this Contract or by law, including, but not limited to, direct damages, indirect damages, consequential damages, delay damages, replacement costs, refund of all sums paid by MCPS to the Contractor under the Contract and all attorney fees and costs incurred by MCPS to enforce any provision of this Contract. If in the event any termination for cause, default or breach shall be found to be improper or invalid by any court of competent jurisdiction then such termination shall be deemed to have been treated as a termination for convenience, and the rights and obligations of the parties shall be the same as if this Contract had been terminated for convenience, as described herein.

TERMINATION FOR CAUSE/DEFAULT. The Contract shall remain in force for the Initial Contract Term or any Renewal Contract Term(s) and until MCPS determines that all of the Contract requirements and conditions have been met. MCPS shall have the right to terminate this Contract sooner if the Contractor is in breach or default or has failed to perform satisfactorily the Work required, as determined by MCPS at its discretion. If MCPS determines the Contractor has failed to perform satisfactorily, MCPS will give the Contractor written notice of such failure failure(2) and the opportunity to cure such failures within at least fifteen (15) days before termination of the Contract takes effect (“Cure Period”). If the Contractor fails to cure within the Cure Period or as otherwise specified in the notice, the Contract may be terminated for the Contractor’s failure to provide satisfactory Contract Performance. If through any cause, the Contractor fails to fulfill in a timely and proper manner their obligations under the Contract, or if the Contractor violates any of the covenants, agreements, or stipulations of the Contract, MCPS shall thereupon have the right to terminate the Contract, specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models and reports prepared by the Contractor under the Contract shall at the option of MCPS, become its property and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed. However, upon termination pursuant to this section, the Contractor shall be liable to MCPS for all costs incurred by MCPS after the effective date of termination, including costs required to be expended by MCPS to complete the Work covered by the Contract, including costs of delay in completing the Work or the cost of repairing or correcting any unsatisfactory or non-compliant work performed or provided by the Contractor or its subcontractors. Such costs shall be either deducted from any amount due the Contractor or shall be promptly paid by the Contractor to MCPS upon demand by MCPS. Additionally, and notwithstanding any provision in this Contractor to the contrary, the Contractor is liable to MCPS, and MCPS shall be entitled to recover all damages to which MCPS is entitled by this Contract or by law, including, but not limited to, direct damages, indirect damages, consequential damages, delay damages, replacement costs, refund of all sums paid by MCPS to the Contractor under the Contract and all attorney fees and costs incurred by MCPS to enforce any provision of this Contract. If in the event any termination for cause, default or breach shall be found to be improper or invalid by any court of competent jurisdiction then such termination shall be deemed to have been a termination for convenience.