Common use of Termination for Default, Breach or Cause Clause in Contracts

Termination for Default, Breach or Cause. If Contractor does not deliver supplies, materials or services in accordance with the Agreement delivery schedule, or if Contractor fails to perform in the manner called for in the Agreement, or if Contractor fails to comply with any other provisions of the Agreement, MST may terminate this Agreement for default. Termination shall be effected by serving a notice of termination to Contractor setting forth the manner in which Contractor is in default. Contractor shall only be paid the Agreement price for supplies, materials and services delivered and accepted, or services performed in accordance with the manner of performance set forth in the Agreement. If it is later determined by MST that Contractor had an excusable reason for not performing, such as a strike, fire, flood, or events which are not the fault of or are beyond the control of Contractor, MST, after setting up a new delivery or performance schedule, may allow Contractor to continue work, or may treat the termination as a termination for convenience. If the termination is for default, MST may fix the fee to be paid Contractor in proportion to the value of work performed up to the time of termination. Contractor shall promptly submit its termination claim to MST and the parties shall negotiate the termination settlement to be paid Contractor.

Termination for Default, Breach or Cause. If the Contractor does not deliver supplies, materials or services in accordance with the Agreement delivery schedulescope of work, or if the Contractor fails to perform in the manner called for in the Agreementcontract, or if the Contractor fails to comply with any other provisions of the Agreementcontract, MST may terminate this Agreement contract for default. Termination shall be effected by serving a notice of termination to the Contractor setting forth the manner in which the Contractor is in default. The Contractor shall will only be paid the Agreement contract price for supplies, materials and services delivered and accepted, or services performed in accordance with the manner of performance set forth in the Agreementcontract. If it is later determined by MST that the Contractor had an excusable reason for not performing, such as a strike, fire, flood, or events which are not the fault of or are beyond the control of the Contractor, MST, after setting up a new delivery or performance schedule, may allow the Contractor to continue work, or may treat the termination as a termination for convenience. If the termination is for default, MST may fix the fee to be paid the Contractor in proportion to the value of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to MST and the parties shall negotiate the termination settlement to be paid the Contractor.