Termination for Unavailability of Funds. Any Project is contingent on the continued availability of government funds which are appropriated or allocated to the OWNER. In the event funds are not allocated and lawfully available to the Owner to complete the Project, the Project may be terminated by the OWNER upon prompt written notice to the ARCHITECT/ENGINEER at the earliest possible time stating the date of termination under this section. No liquidated damages shall accrue to the ARCHITECT/ENGINEER in the event this provision is exercised, and the OWNER shall not be obligated or liable for any costs, expenses or other charges incurred after the date of termination, including any other damages or costs of any kind arising out of or resulting from termination under this section including any termination expenses as provided in Section 13.4. In the event of termination for unavailability of funds, the Owner shall pay the ARCHITECT/ENGINEER for the cost of any Basic or Additional services provided and work completed up to the date of termination for the Project in an amount not to exceed 100% of the total compensation for the same. This provision shall not be construed to permit the Owner to terminate a Project in order to acquire similar services from another party.
Appears in 4 contracts
Samples: Agreement for Design Services, Agreement, Agreement for Design Services
