After termination under Sub Sample Clauses
The "After termination under Sub" clause defines the rights and obligations of the parties following the termination of a subcontract. Typically, this clause outlines what happens to outstanding payments, the return of materials or confidential information, and the completion or cessation of any ongoing work. For example, it may require the subcontractor to deliver any work in progress or to assist in transitioning the project to another party. The core function of this clause is to ensure a smooth and orderly wrap-up of the subcontract relationship, minimizing disputes and clarifying each party's responsibilities after termination.
After termination under Sub. 13.3.1, the Contractor shall:
a. cease all further work, except for such work as may be necessary and instructed by the Engineer for the purpose of making safe or protecting those parts of the Works already executed, and any Work required to leave the Site in a clean and safe condition,
b. hand over all Construction and/or Manufacture Documents, Plant, Rolling stock, and Materials for which the Contractor has received payment,
c. hand over those parts of other Works executed by the Contractor up to the date of termination, and
d. remove all Contractor's Equipment which is on the Site and repatriate all his staff and labour from the Site. Any such termination shall be without prejudice to any other right of the Contractor under the Contract.
After termination under Sub. Clause 13.2.1, the Employer shall not be liable to make any further payments to the Contractor until the costs of design, manufacture, execution, completion and remedying of any defects, damages for delay in completion (if any), and all other costs incurred by the Employer, have been established.
After termination under Sub. Clause 16.2, the Employer shall return the performance bond, also the advance payment bank guarantee and shall pay the Contractor an amount calculated and certified in accordance with Sub-Clause 19.6 plus the amount of any loss or damage, but not including loss of profit, which the Contractor may have suffered in consequence of termination, less the amount outstanding from the advance payment. IN NO EVENT WILL EMPLOYER BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. 17 Risk and Responsibility Indemnity 17.1 The Contractor shall indemnify and hold harmless the Employer, the Employer’s Representative, their contractors, agents and employees from and against all claims, damages, losses and expenses arising out of or resulting from the Works, including professional services provided by the Contractor. These indemnification obligations shall be limited to claims, damages, losses and expenses which are attributable to bodily injury, sickness, disease or death, or to injury to or destruction of physical property (other than the Works), including consequential loss of use. Contractor’s Care of the Works 17.2 The Contractor shall take full responsibility for the care of the Works from the Commencement Date until the date of issue of the Taking-Over Certificate for the whole of the Works when responsibility shall pass to the Employer. If the Employer’s Representative issues a Taking-Over Certificate for any Section or part of the Works, the Contractor shall cease to be responsible for the care of that Section or part from the date of issue of such Taking-Over Certificate, when responsibility shall pass to the Employer. The Contractor shall take responsibility for the care of any outstanding work which is required to be completed prior to the expiry of the Contract Period, until the Employer’s Representative confirms in writing that such outstanding work has been completed. If any loss or damage happens to the Works, arising from any cause other than the Employer’s risks listed in Sub-Clause 17.3, during the period for which the Contractor is responsible, the Contractor shall rectify such loss or damage, at his cost, so that the Works conform to the Contract. The Contractor shall also be liable for any loss or damage to the Works caused by any operations carried out by the Contractor after the date of issue of the Taking-Over Certificate. Employer’s Risks 17.3 The Employer’s risks are:
After termination under Sub. Clause 13.3.1 the Employer shall return the Performance security, and shall pay the Contractor an amount calculated and certified in accordance with the following conditions:.
a. The value of approved materials actually brought to the site and reasonably required to execute the works during next three months, as per approved programme, and
b. Value of work completed up to date by the contractor at rates specified in the Contract, after taking into account any deductions, retentions, setoff.
c. other Costs or liabilities which in the circumstances were reasonably and necessarily incurred by the Contractor in the expectation of completing the Works;
d. the Cost of removal of Temporary Works and Contractor’s Equipment from the Site and the return of these items to the Contractor’s works in his country (or to any other destination at no greater cost); and
e. the Cost of repatriation of the Contractor’s staff and labour employed wholly in connection with the Works at the date of termination. The payment as above shall be full compensation for termination under this clause and the Contractor has no claim for damages or other entitlements whether under the contract or otherwise.