Common use of CLAIMS UPON TERMINATION Clause in Contracts

CLAIMS UPON TERMINATION. ‌ 1. Upon receipt of a Notice of Termination, the Contractor shall: a. Cease any further deliveries or work due under this Contract, on the date, and to the extent, which may be specified in the Notice of Termination; b. Place no further orders with any subcontractors except as may be necessary to perform any portion of the Contract not subject to the Notice of Termination (i.e., in the case of partial termination); c. Terminate all subcontractors except to the extent necessary to complete work which was not subject to the Notice of Termination (i.e., in the case of partial termination); ▇. ▇▇▇▇▇▇ all outstanding liabilities and claims which may arise out of such termination, with the ratification of the Contract Administrator and the Purchasing Manager; and e. Use its best efforts to mitigate any damages which may be sustained by the Contractor or any of its subcontractors as a consequence of termination under this clause. 2. After complying with the foregoing provisions, the Contractor shall submit a termination claim within thirty days unless an extension is granted by the Contract Administrator. This termination claim shall document all amounts due under this provision. a. Upon receipt of the Contractor’s termination claim, the Contract Administrator, with the approval of the Purchasing Manager, shall pay from the Using Department's budget the reasonable costs of termination, including a reasonable amount for profit on Services delivered or completed. In no event shall this amount be greater than the original Contract price, reduced by any payments made prior to Notice of Termination, and further reduced by the price of the Goods or Services not delivered, or those Goods, Services, or Insurance not provided, or Construction work not performed. The calculation of the amount to be paid the Contractor shall be documented and made a part of the Contract file. b. If the parties cannot agree on the whole amount to be paid to the Contractor by reason of termination under this clause, the Contract Administrator, with the approval of the Purchasing Manager, shall pay the Contractor from the Using Department’s budget the amounts determined as follows, without duplicating any amount which may have already been paid under the preceding paragraph of this clause: i. With respect to all Contract performance prior to the effective date of Notice of Termination, the total of: • Cost of the Goods delivered or work performed; and • The reasonable cost of settling and paying any claims as provided above; and • A sum as profit on work performed determined by the Contract Administrator and Purchasing Manager to be fair and reasonable. ii. The total sum to be paid shall not exceed the original Contract price, as reduced by the amount of payments otherwise made, and as further reduced by the Contract price of Goods, Services, Construction or Insurance not terminated. c. If the Contractor is not satisfied with any payments which the Contract Administrator and Purchasing Manager determines to be due under this provision, the Contractor may make a claim in accordance with Section 7 of City Policy. d. In no event shall Contractor be entitled to any profits if this Contract is terminated for Contractor’s default, and sums otherwise due to Contractor shall be reduced by the amount of any damages incurred by the City as a result of Contractor’s default. 3. The Contractor shall include similar provisions for termination in any subcontracts and shall require subcontractors to make reasonable efforts to mitigate damages if the Contract is terminated. Failure to include such provisions shall bar the Contractor from any recovery from the City whatsoever for loss or damage sustained by a subcontractor as a consequence of termination.

CLAIMS UPON TERMINATION. ‌ 1. Upon receipt of a Notice of Termination, the Contractor shall: a. Cease any further deliveries or work due under this Contract, on the date, and to the extent, which may be specified in the Notice of Termination; b. Place no further orders with any subcontractors except as may be necessary to perform any portion of the Contract not subject to the Notice of Termination (i.e., in the case of partial termination); c. Terminate all subcontractors except to the extent necessary to complete work which was not subject to the Notice of Termination (i.e., in the case of partial termination); ▇. ▇▇▇▇▇▇ all outstanding liabilities and claims which may arise out of such termination, with the ratification of the Contract Administrator and the Purchasing Manager; and e. Use its best efforts to mitigate any damages which may be sustained by the Contractor or any of its subcontractors as a consequence of termination under this clause. 2. After complying with the foregoing provisions, the Contractor shall submit a termination claim within thirty days unless an extension is granted by the Contract Administrator. This termination claim shall document all amounts due under this provision. a. Upon receipt of the Contractor’s termination claim, the Contract Administrator, with the approval of the Purchasing Manager, shall pay from the Using Department's budget the reasonable costs of termination, including a reasonable amount for profit on Services delivered or completed. In no event shall this amount be greater than the original Contract price, reduced by any payments made prior to Notice of Termination, and further reduced by the price of the Goods or Services not delivered, or those Goods, Services, or Insurance not provided, or Construction work not performed. The calculation of the amount to be paid the Contractor shall be documented and made a part of the Contract file. b. If the parties cannot agree on the whole amount to be paid to the Contractor by reason of termination under this clause, the Contract Administrator, with the approval of the Purchasing Manager, shall pay the Contractor from the Using Department’s budget the amounts determined as follows, without duplicating any amount which may have already been paid under the preceding paragraph of this clause: i. With respect to all Contract performance prior to the effective date of Notice of Termination, the total of: •  Cost of the Goods delivered or work performed; and •  The reasonable cost of settling and paying any claims as provided above; and •  A sum as profit on work performed determined by the Contract Administrator and Purchasing Manager to be fair and reasonable. ii. The total sum to be paid shall not exceed the original Contract price, as reduced by the amount of payments otherwise made, and as further reduced by the Contract price of Goods, Services, Construction or Insurance not terminated. c. If the Contractor is not satisfied with any payments which the Contract Administrator and Purchasing Manager determines to be due under this provision, the Contractor may make a claim in accordance with Section 7 of City Policy. d. In no event shall Contractor be entitled to any profits if this Contract is terminated for Contractor’s default, and sums otherwise due to Contractor shall be reduced by the amount of any damages incurred by the City as a result of Contractor’s default. 3. The Contractor shall include similar provisions for termination in any subcontracts and shall require subcontractors to make reasonable efforts to mitigate damages if the Contract is terminated. Failure to include such provisions shall bar the Contractor from any recovery from the City whatsoever for loss or damage sustained by a subcontractor as a consequence of termination.

CLAIMS UPON TERMINATION. ‌ 1. Upon receipt of a Notice of Termination, the Contractor shall: a. Cease any further deliveries or work due under this Contract, on the date, and to the extent, which may be specified in the Notice of Termination; b. Place no further orders with any subcontractors except as may be necessary to perform any portion of the Contract not subject to the Notice of Termination (i.e., in the case of partial termination); c. Terminate all subcontractors except to the extent necessary to complete work which was not subject to the Notice of Termination (i.e., in the case of partial termination); ▇. ▇▇▇▇▇▇ all outstanding liabilities and claims which may arise out of such termination, with the ratification of the Contract Administrator and the Purchasing Manager; and e. Use its best efforts to mitigate any damages which may be sustained by the Contractor or any of its subcontractors as a consequence of termination under this clause. 2. After complying with the foregoing provisions, the Contractor shall submit a termination claim within thirty days unless an extension is granted by the Contract Administrator. This termination claim shall document all amounts due under this provision. a. Upon receipt of the Contractor’s termination claim, the Contract Administrator, with the approval of the Purchasing Manager, shall pay from the Using Department's budget the reasonable costs of termination, including a reasonable amount for profit on Services delivered or completed. In no event shall this amount be greater than the original Contract price, reduced by any payments made prior to Notice of Termination, and further reduced by the price of the Goods or Services not delivered, or those Goods, Services, or Insurance not provided, or Construction work not performed. The calculation of the amount to be paid the Contractor shall be documented and made a part of the Contract file. b. If the parties cannot agree on the whole amount to be paid to the Contractor by reason of termination under this clause, the Contract Administrator, with the approval of the Purchasing Manager, shall pay the Contractor from the Using Department’s budget the amounts determined as follows, without duplicating any amount which may have already been paid under the preceding paragraph of this clause: i. With respect to all Contract performance prior to the effective date of Notice of Termination, the total of: • Cost of the Goods delivered or work performed; and • The reasonable cost of settling and paying any claims as provided above; and • A sum as profit on work performed determined by the Contract Administrator and Purchasing Manager to be fair and reasonable. ii. The total sum to be paid shall not exceed the original Contract price, as reduced by the amount of payments otherwise made, and as further reduced by the Contract price of Goods, Services, Construction or Insurance not terminated. c. If the Contractor is not satisfied with any payments which the Contract Administrator and Purchasing Manager determines to be due under this provision, the Contractor may make a claim in accordance with Section 7 of City Policy. d. In no event shall Contractor be entitled to any profits if this Contract is terminated for Contractor’s default, and sums otherwise due to Contractor shall be reduced by the amount of any damages incurred by the City as a result of Contractor’s default. 3. The Contractor shall include similar provisions for termination in any subcontracts and shall require subcontractors to make reasonable efforts to mitigate damages if the Contract is terminated. Failure to include such provisions shall bar the Contractor from any recovery from the City whatsoever for loss or damage sustained by a subcontractor as a consequence of termination.

CLAIMS UPON TERMINATION. ‌ 1. Upon receipt of a Notice of Termination, the Contractor shall: a. Cease any further deliveries or work due under this Contract, on the date, and to the extent, which may be specified in the Notice of TerminationNotice; b. Place no further orders with any subcontractors except as may be necessary to perform any portion of the Contract not subject to the Notice of Termination (i.e., in the case of partial termination); c. Terminate all subcontractors except to the extent necessary to complete work which was not subject to the Notice of Termination (i.e., in the case of partial termination); ▇. ▇▇▇▇▇▇ all outstanding liabilities and claims which may arise out of such termination, with the ratification of the Contract Administrator and the Purchasing Manager; and e. Use its best efforts to mitigate any damages which may be sustained by the Contractor or any of its subcontractors as a consequence of termination under this clause. 2. After complying with the foregoing provisions, the Contractor shall submit a termination claim within thirty days unless an extension is granted by the Contract Administrator. This termination claim shall document all amounts due under this provision. a. Upon receipt of the Contractor’s termination claim, the Contract Administrator, with the approval of the Purchasing Manager, shall pay from the Using Department's budget the reasonable costs of termination, including a reasonable amount for profit on Services delivered or completed. In no event shall this amount be greater than the original Contract price, reduced by any payments made prior to Notice of Termination, and further reduced by the price of the Goods or Services not delivered, or those Goods, Services, or Insurance not provided, or Construction work not performed. The calculation of the amount to be paid the Contractor shall be documented and made a part of the Contract file. b. If the parties cannot agree on the whole amount to be paid to the Contractor by reason of termination under this clause, the Contract Administrator, with the approval of the Purchasing Manager, shall pay the Contractor from the Using Department’s budget the amounts determined as follows, without duplicating any amount which may have already been paid under the preceding paragraph of this clause: i. With respect to all Contract performance prior to the effective date of Notice of Termination, the total of: •  Cost of the Goods delivered or work performed; and •  The reasonable cost of settling and paying any reasonable claims as provided above; and •  A sum as profit on work performed determined by the Contract Administrator and Purchasing Manager to be fair and reasonable. ii. The total sum to be paid shall not exceed the original Contract price, as reduced by the amount of payments otherwise made, and as further reduced by the Contract price of Goods, Services, Construction or Insurance not terminated. c. If the Contractor is not satisfied with any payments which the Contract Administrator and Purchasing Manager determines to be due under this provision, the Contractor may make a claim in accordance with Section 7 of City Policyparagraph VI.C.1 herein. d. In no event shall Contractor be entitled to any profits if this Contract is terminated for Contractor’s default, and sums otherwise due to Contractor shall be reduced by the amount of any damages incurred by the City as a result of Contractor’s default. 3. The Contractor shall include similar provisions for termination in any subcontracts and shall require subcontractors to make reasonable efforts to mitigate damages if the Contract is terminated. Failure to include such provisions shall bar the Contractor from any recovery from the City whatsoever for loss or damage sustained by a subcontractor as a consequence of termination.

CLAIMS UPON TERMINATION. ‌ 1. Upon receipt of a Notice of Termination, the Contractor shall: a. Cease any further deliveries or work due under this Contract, on the date, and to the extent, which may be specified in the Notice of Termination; b. Place no further orders with any subcontractors except as may be necessary to perform any portion of the Contract not subject to the Notice of Termination (i.e., in the case of partial termination); c. Terminate all subcontractors except to the extent necessary to complete work which was not subject to the Notice of Termination (i.e., in the case of partial termination); ▇. ▇▇▇▇▇▇ all outstanding liabilities and claims which may arise out of such termination, with the ratification of the Contract Administrator and the Purchasing Manager; and e. Use its best efforts to mitigate any damages which may be sustained by the Contractor or any of its subcontractors as a consequence of termination under this clause. 2. After complying with the foregoing provisions, the Contractor shall submit a termination claim within thirty days unless an extension is granted by the Contract Administrator. This termination claim shall document all amounts due under this provision. a. Upon receipt of the Contractor’s termination claim, the Contract Administrator, with the approval of the Purchasing Manager, shall pay from the Using Department's budget the reasonable costs of termination, including a reasonable amount for profit on Services delivered or completed. In no event shall this amount be greater than the original Contract price, reduced by any payments made prior to Notice of Termination, and further reduced by the price of the Goods or Services not delivered, or those Goods, Services, or Insurance not provided, or Construction work not performed. The calculation of the amount to be paid the Contractor shall be documented and made a part of the Contract file. b. If the parties cannot agree on the whole amount to be paid to the Contractor by reason of termination under this clause, the Contract Administrator, with the approval of the Purchasing Manager, shall pay the Contractor from the Using Department’s budget the amounts determined as follows, without duplicating any amount which may have already been paid under the preceding paragraph of this clause: i. With respect to all Contract performance prior to the effective date of Notice of Termination, the total of: •  Cost of the Goods delivered or work performed; and •  The reasonable cost of settling and paying any claims as provided above; and •  A sum as profit on work performed determined by the Contract Administrator and Purchasing Manager to be fair and reasonable. ii. The total sum to be paid shall not exceed the original Contract price, as reduced by the amount of payments otherwise made, and as further reduced by the Contract price of Goods, Services, Construction or Insurance not terminated. c. If the Contractor is not satisfied with any payments which the Contract Administrator and Purchasing Manager determines to be due under this provision, the Contractor may make a claim in accordance with Section 7 of City Policy. d. In no event shall Contractor be entitled to any profits if this Contract is terminated for Contractor’s default, and sums otherwise due to Contractor shall be reduced by the amount of any damages incurred by the City as a result of Contractor’s default. 3. The Contractor shall include similar provisions for termination in any subcontracts and shall require subcontractors to make reasonable efforts to mitigate damages if the Contract is terminated. Failure to include such provisions shall bar the Contractor from any recovery from the City whatsoever for loss or damage sustained by a subcontractor as a consequence of termination.

CLAIMS UPON TERMINATION. ‌ 1. ) Upon receipt of a Notice of Termination, the Contractor shall: a. a) Cease any further deliveries or work due under this Contract, on the date, and to the extent, which may be specified in the Notice of TerminationNotice; b. b) Place no further orders with any subcontractors except as may be necessary to perform any portion of the Contract not subject to the Notice of Termination (i.e., in the case of partial termination); c. c) Terminate all subcontractors except to the extent necessary to complete work which was not subject to the Notice of Termination (i.e., in the case of partial termination); ▇. ▇▇▇▇▇▇ d) Settle all outstanding liabilities and claims which may arise out of such termination, with the ratification of the Contract Administrator and the Purchasing ManagerAdministrator; and e. e) Use its best efforts to mitigate any damages which may be sustained by the Contractor or any of its subcontractors as a consequence of termination under this clause. 2. ) After complying with the foregoing provisions, the Contractor shall submit a termination claim within thirty days unless an extension is granted by the Contract Administrator. This termination claim shall document all amounts due under this provision. a. a) Upon receipt of the Contractor’s termination claim, the Contract Administrator, with the approval of the Purchasing Town Manager, shall pay from the Using Department's budget the reasonable costs of termination, including a reasonable amount for profit on Services services delivered or completed. In no event shall this amount be greater than the original Contract contract price, reduced by any payments made prior to Notice of Termination, and further reduced by the price of the Goods goods or Services services not delivered, or those Goods, Services, goods or Insurance services not provided, or Construction work not performed. The calculation of the amount to be paid the Contractor shall be documented and made a part of the Contract file. b. b) If the parties cannot agree on the whole amount to be paid to the Contractor by reason of termination under this clause, the Contract Administrator, with the approval of the Purchasing Manager, Administrator shall pay the Contractor from the Using Department’s budget the amounts determined as follows, without duplicating any amount which may have already been paid under the preceding paragraph of this clause: i. i) With respect to all Contract performance prior to the effective date of Notice of Termination, the total of: • Cost of the Goods goods delivered or work performed; and • The reasonable cost of settling and paying any reasonable claims as provided above; and • A sum as profit on work performed determined by the Contract Administrator and Purchasing Manager Town Procurement Officer to be fair and reasonable. ii. ) The total sum to be paid shall not exceed the original Contract price, as reduced by the amount of payments otherwise made, and as further reduced by the Contract price of Goods, Services, Construction goods or Insurance services not terminated. c. c) If the Contractor is not satisfied with any payments which the Contract Administrator and Purchasing Manager determines to be due under this provision, the Contractor may make a appeal any claim to the Town in accordance with Section 7 paragraph V)C)1), Submission of City Policy. d. In no event shall Contractor be entitled to any profits if this Contract is terminated for Contractor’s default, and sums otherwise due to Contractor shall be reduced by the amount of any damages incurred by the City as a result of Contractor’s defaultDisputes. 3. ) The Contractor shall include similar provisions for termination in any subcontracts subcontractors and shall require subcontractors to make reasonable efforts to mitigate damages if the Contract is terminated. Failure to include such provisions shall bar the Contractor from any recovery from the City Town whatsoever for loss or damage sustained by a subcontractor as a consequence of termination.

CLAIMS UPON TERMINATION. ‌ 1. Upon receipt of a Notice of Termination, the Contractor shall: a. Cease any further deliveries or work due under this Contract, on the date, and to the extent, which may be specified in the Notice of Termination; b. Place no further orders with any subcontractors except as may be necessary to perform any portion of the Contract not subject to the Notice of Termination (i.e., in the case of partial termination); c. Terminate all subcontractors except to the extent necessary to complete work which was not subject to the Notice of Termination (i.e., in the case of partial termination); ▇. ▇▇▇▇▇▇ all outstanding liabilities and claims which may arise out of such termination, with the ratification of the Contract Administrator and the Purchasing Manager; and e. Use its best efforts to mitigate any damages which may be sustained by the Contractor or any of its subcontractors as a consequence of termination under this clause. 2. After complying with the foregoing provisions, the Contractor shall submit a termination claim within thirty days unless an extension is granted by the Contract Administrator. This termination claim shall document all amounts due under this provision. a. Upon receipt of the Contractor’s termination claim, the Contract Administrator, with the approval of the Purchasing Manager, shall pay from the Using Department's budget the reasonable costs of termination, including a reasonable amount for profit on Services delivered or completed. In no event shall this amount be greater than the original Contract price, reduced by any payments made prior to Notice of Termination, and further reduced by the price of the Goods or Services not delivered, or those Goods, Services, or Insurance not provided, or Construction work not performed. The calculation of the amount to be paid the Contractor shall be documented and made a part of the Contract file. b. If the parties cannot agree on the whole amount to be paid to the Contractor by reason of termination under this clause, the Contract Administrator, with the approval of the Purchasing Manager, shall pay the Contractor from the Using Department’s budget the amounts determined as follows, without duplicating any amount which may have already been paid under the preceding paragraph of this clause: i. With respect to all Contract performance prior to the effective date of Notice of Termination, the total of: • Cost of the Goods delivered or work performed; and • The reasonable cost of settling and paying any claims as provided above; and • A sum as profit on work performed determined by the Contract Administrator and Purchasing Manager to be fair and reasonable. ii. The total sum to be paid shall not exceed the original Contract price, as reduced by the amount of payments otherwise made, and as further reduced by the Contract price of Goods, Services, Construction or Insurance not terminated. c. If the Contractor is not satisfied with any payments which the Contract Administrator and Purchasing Manager determines to be due under this provision, the Contractor may make a claim in accordance with Section 7 of City Policy. d. In no event shall Contractor be entitled to any profits if this Contract is terminated for Contractor’s default, and sums otherwise due to Contractor shall be reduced by the amount of any damages incurred by the City as a result of Contractor’s default. 3. The Contractor shall include similar provisions for termination in any subcontracts and shall require subcontractors to make reasonable efforts to mitigate damages if the Contract is terminated. Failure to include such provisions shall bar the Contractor from any recovery from the City whatsoever for loss or damage sustained by a subcontractor as a consequence of termination.

CLAIMS UPON TERMINATION. ‌ 1. ) Upon receipt of a Notice of Termination, the Contractor shall: a. a) Cease any further deliveries or work due under this Contract, on the date, and to the extent, which may be specified in the Notice of Termination; b. b) Place no further orders with any subcontractors except as may be necessary to perform any portion of the Contract not subject to the Notice of Termination (i.e., i.e. in the case of partial termination); c. c) Terminate all subcontractors except to the extent necessary to complete work which was not subject to the Notice of Termination termination (i.e., in the case of partial termination); ▇. ▇▇▇▇▇▇ d) Settle on reasonable terms all outstanding liabilities and claims which may arise out of such termination, with the ratification of the Contract Administrator and the Purchasing ManagerAdministrator; and e. e) Use its best efforts to mitigate any damages which may be sustained by the Contractor or any of its subcontractors as a consequence of termination under this clause. 2. ) After complying with the foregoing provisions, the Contractor shall submit a termination claim within thirty days unless an extension is granted by the Contract Administrator. This termination claim shall document all amounts due under this provision. a. a) Upon receipt of the Contractor’s termination claim, the Contract Administrator, with the approval of the Purchasing Town Manager, shall pay from the Using Department's budget the reasonable costs of termination, including a reasonable amount for profit on Services services delivered or completed. In no event shall this amount be greater than the original Contract contract price, reduced by any payments made prior to Notice of Termination, and further reduced by the price of the Goods goods or Services services not delivered, or those Goods, Services, goods or Insurance services not provided, or Construction work not performed. The calculation of the amount to be paid the Contractor shall be documented and made a part of the Contract file. b. b) If the parties cannot agree on the whole amount to be paid to the Contractor by reason of termination under this clause, the Contract Administrator, with the approval of the Purchasing Manager, Administrator shall pay the Contractor from the Using Department’s budget the amounts determined as follows, without duplicating any amount which may have already been paid under the preceding paragraph of this clause: i. i) With respect to all Contract performance prior to the effective date of Notice of Termination, the total of: • Cost of the Goods goods delivered or work performed; and • The reasonable cost of settling and paying any claims as provided above; and • A sum as profit on work performed determined by the Contract Administrator and Purchasing Manager Town’s Procurement Officer to be fair and reasonable. ii. ) The total sum to be paid shall not exceed the original Contract price, as reduced by the amount of payments otherwise made, and as further reduced by the Contract price of Goods, Services, Construction goods or Insurance services not terminated. c. c) If the Contractor is not satisfied with any payments which the Contract Administrator and Purchasing Manager determines to be due under this provision, the Contractor may make a claim in accordance with Section 7 of City Policy. d. In no event shall Contractor be entitled to any profits if this Contract is terminated for Contractor’s default, and sums otherwise due to Contractor shall be reduced by the amount of any damages incurred by the City as a result of Contractor’s default. 3. The Contractor shall include similar provisions for termination in any subcontracts and shall require subcontractors to make reasonable efforts to mitigate damages if the Contract is terminated. Failure to include such provisions shall bar the Contractor from any recovery from the City whatsoever for loss or damage sustained by a subcontractor as a consequence of termination.paragraph V)C)1),

CLAIMS UPON TERMINATION. ‌ 1. Upon receipt of a Notice of Termination, the Contractor shall: a. Cease any further deliveries or work due under this Contract, on the date, and to the extent, which may be specified in the Notice of TerminationNotice; b. Place no further orders with any subcontractors except as may be necessary to perform any portion of the Contract not subject to the Notice of Termination (i.e., in the case of partial termination); c. Terminate all subcontractors except to the extent necessary to complete work which was not subject to the Notice of Termination (i.e., in the case of partial termination); ▇. ▇▇▇▇▇▇ all outstanding liabilities and claims which may arise out of such termination, with the ratification of the Contract Administrator and the Purchasing Manager; and e. Use its best efforts to mitigate any damages which may be sustained by the Contractor or any of its subcontractors as a consequence of termination under this clause. 2. After complying with the foregoing provisions, the Contractor shall submit a termination claim within thirty days unless an extension is granted by the Contract Administrator. This termination claim shall document all amounts due under this provision. a. Upon receipt of the Contractor’s termination claim, the Contract Administrator, with the approval of the Purchasing Manager, shall pay from the Using Department's budget unit costs owed, based on the reasonable costs Schedule of termination, including a reasonable amount for profit on Services delivered or completedValues. In no event shall this amount be greater than the original Contract price, reduced by any payments made prior to Notice of Termination, and further reduced by the price of the Goods or Services not delivered, or those Goods, Services, or Insurance not provided, or Construction work not performed. The calculation of the amount to be paid the Contractor shall be documented and made a part of the Contract file. b. If the parties cannot agree on the whole amount to be paid to the Contractor by reason of termination under this clause, the Contract Administrator, with the approval of the Purchasing Manager, shall pay the Contractor from the Using Department’s budget the amounts determined as follows, without duplicating any amount which may have already been paid under the preceding paragraph of this clause: i. With respect to all Contract performance prior to the effective date of Notice of Termination, the total of: • Cost of the Goods delivered or work performed; and • The reasonable cost of settling and paying any claims as provided above; and • A sum as profit on work performed determined by the Contract Administrator and Purchasing Manager to be fair and reasonable. ii. The total sum to be paid shall not exceed the original Contract price, as reduced by the amount of payments otherwise made, and as further reduced by the Contract price of Goods, Services, Construction or Insurance not terminated.a. c. If the Contractor is not satisfied with any payments which the Contract Administrator and Purchasing Manager determines to be due under this provision, the Contractor may make a claim in accordance with Section 7 of City Policyparagraph VI.C.1 herein. d. In no event shall Contractor be entitled to any profits if this Contract is terminated for Contractor’s default, and sums otherwise due to Contractor shall be reduced by the amount of any damages incurred by the City as a result of Contractor’s default. 3. The Contractor shall include similar provisions for termination in any subcontracts and shall require subcontractors to make reasonable efforts to mitigate damages if the Contract is terminated. Failure to include such provisions shall bar the Contractor from any recovery from the City whatsoever for loss or damage sustained by a subcontractor as a consequence of termination.

CLAIMS UPON TERMINATION. ‌ 1. ) Upon receipt of a Notice of Termination, the Contractor shall: a. a) Cease any further deliveries or work due under this Contract, on the date, and to the extent, which may be specified in the Notice of TerminationNotice; b. b) Place no further orders with any subcontractors except as may be necessary to perform any portion of the Contract not subject to the Notice of Termination (i.e., in the case of partial termination); c. c) Terminate all subcontractors except to the extent necessary to complete work which was not subject to the Notice of Termination (i.e., in the case of partial termination); ▇. ▇▇▇▇▇▇ d) Settle all outstanding liabilities and claims which may arise out of such termination, with the ratification of the Contract Administrator and the Purchasing ManagerAdministrator; and e. e) Use its best efforts to mitigate any damages which may be sustained by the Contractor or any of its subcontractors as a consequence of termination under this clause. 2. ) After complying with the foregoing provisions, the Contractor shall submit a termination claim within thirty days unless an extension is granted by the Contract Administrator. This termination claim shall document all amounts due under this provision. a. a) Upon receipt of the Contractor’s termination claim, the Contract Administrator, with the approval of the Purchasing Town Manager, shall pay from the Using Department's budget the reasonable costs of termination, including a reasonable amount for profit on Services services delivered or completed. In no event shall this amount be greater than the original Contract contract price, reduced by any payments made prior to Notice of Termination, and further reduced by the price of the Goods goods or Services services not delivered, or those Goods, Services, goods or Insurance services not provided, or Construction work not performed. The calculation of the amount to be paid the Contractor shall be documented and made a part of the Contract file. b. b) If the parties cannot agree on the whole amount to be paid to the Contractor by reason of termination under this clause, the Contract Administrator, with the approval of the Purchasing Manager, Administrator shall pay the Contractor from the Using Department’s budget the amounts determined as follows, without duplicating any amount which may have already been paid under the preceding paragraph of this clause: i. i) With respect to all Contract performance prior to the effective date of Notice of Termination, the total of: • Cost of the Goods delivered or work performed; and •  The reasonable cost of settling and paying any reasonable claims as provided above; and •  A sum as profit on work performed determined by the Contract Administrator and Purchasing Manager Town Procurement Officer to be fair and reasonable. ii. ) The total sum to be paid shall not exceed the original Contract price, as reduced by the amount of payments otherwise made, and as further reduced by the Contract price of Goods, Services, Construction goods or Insurance services not terminated. c. c) If the Contractor is not satisfied with any payments which the Contract Administrator and Purchasing Manager determines to be due under this provision, the Contractor may make a appeal any claim to the Town in accordance with Section 7 of City Policy. d. In no event shall Contractor be entitled to any profits if this Contract is terminated for Contractor’s default, and sums otherwise due to Contractor shall be reduced by the amount of any damages incurred by the City as a result of Contractor’s default. 3. The Contractor shall include similar provisions for termination in any subcontracts and shall require subcontractors to make reasonable efforts to mitigate damages if the Contract is terminated. Failure to include such provisions shall bar the Contractor from any recovery from the City whatsoever for loss or damage sustained by a subcontractor as a consequence of termination.paragraph V)C)1),

CLAIMS UPON TERMINATION. ‌ 1. Upon receipt of a Notice of Termination, the Contractor shall: a. Cease any further deliveries or work due under this Contract, on the date, and to the extent, which may be specified in the Notice of TerminationNotice; b. Place no further orders with any subcontractors except as may be necessary to perform any portion of the Contract not subject to the Notice of Termination (i.e., in the case of partial terminationtermination only); c. Terminate all subcontractors except to the extent necessary to complete work which was not subject to the Notice of Termination (i.e., in the case of partial terminationtermination only); ▇. ▇▇▇▇▇▇ all outstanding liabilities and claims which may arise out of such termination, with the ratification of the Contract Administrator and the Purchasing ManagerAdministrator; and e. Use its best efforts to mitigate any damages which may be sustained by the Contractor or any of its subcontractors as a consequence of termination under this clause. 2. After complying with the foregoing provisions, the Contractor shall submit a termination claim within thirty days unless an extension is granted by the Contract Administrator. This termination claim shall document all amounts due under this provision. a. Upon receipt of the Contractor’s termination claim, the Contract Administrator, with the approval of the Purchasing ManagerTown Council, shall pay from the Using DepartmentTown's budget the reasonable costs of termination, including a reasonable amount for profit on Services services delivered or completed. In no event shall this amount be greater than the original Contract contract price, reduced by any payments made prior to Notice of Termination, and further reduced by the price of the Goods goods or Services services not delivered, or those Goods, Services, goods or Insurance services not provided, or Construction work not performed. The calculation of the amount to be paid the Contractor shall be documented and made a part of the Contract file. b. If the parties cannot agree on the whole amount to be paid to the Contractor by reason of termination under this clause, the Contract Administrator, with the approval of the Purchasing Manager, Administrator shall pay the Contractor from the Using DepartmentTown’s budget the amounts determined as follows, without duplicating any amount which may have already been paid under the preceding paragraph a of this clauseclause 2: i. With respect to all Contract performance prior to the effective date of Notice of Termination, the total of: • Cost of the Goods goods delivered or work performed; and • The reasonable cost of settling and paying any reasonable claims as provided above; and • A sum as profit on work performed determined by the Contract Administrator and Purchasing Manager to be fair and reasonable. ii. The total sum to be paid shall not exceed the original Contract price, as reduced by the amount of payments otherwise made, and as further reduced by the Contract price of Goods, Services, Construction goods or Insurance services not terminated. c. If the Contractor is not satisfied with any payments which the Contract Administrator and Purchasing Manager determines to be due under this provision, the Contractor may make a appeal any claim to the Town in accordance with Section 7 of City Policy. d. In no event shall Contractor be entitled to any profits if this Contract is terminated for Contractor’s default, and sums otherwise due to Contractor shall be reduced by the amount of any damages incurred by the City as a result of Contractor’s default. 3. The Contractor shall include similar provisions for termination in any subcontracts and shall require subcontractors to make reasonable efforts to mitigate damages if the Contract is terminated. Failure to include such provisions shall bar the Contractor from any recovery from the City whatsoever for loss or damage sustained by a subcontractor as a consequence of termination.section VI.C)(1),

CLAIMS UPON TERMINATION. ‌ 1. ) Upon receipt of a Notice of Termination, the Contractor shall: a. a) Cease any further deliveries or work due under this Contract, on the date, and to the extent, which may be specified in the Notice of Termination; b. b) Place no further orders with any subcontractors except as may be necessary to perform any portion of the Contract not subject to the Notice of Termination (i.e., i.e. in the case of partial termination); c. c) Terminate all subcontractors except to the extent necessary to complete work which was not subject to the Notice of Termination termination (i.e., in the case of partial termination); ▇. ▇▇▇▇▇▇ d) Settle on reasonable terms all outstanding liabilities and claims which may arise out of such termination, with the ratification of the Contract Administrator and the Purchasing ManagerAdministrator; and e. e) Use its best efforts to mitigate any damages which may be sustained by the Contractor or any of its subcontractors as a consequence of termination under this clause. 2. ) After complying with the foregoing provisions, the Contractor shall submit a termination claim within thirty days unless an extension is granted by the Contract Administrator. This termination claim shall document all amounts due under this provision. a. a) Upon receipt of the Contractor’s termination claim, the Contract Administrator, with the approval of the Purchasing Town Manager, shall pay from the Using Department's budget the reasonable costs of termination, including a reasonable amount for profit on Services services delivered or completed. In no event shall this amount be greater than the original Contract contract price, reduced by any payments made prior to Notice of Termination, and further reduced by the price of the Goods goods or Services services not delivered, or those Goods, Services, goods or Insurance services not provided, or Construction work not performed. The calculation of the amount to be paid the Contractor shall be documented and made a part of the Contract file. b. b) If the parties cannot agree on the whole amount to be paid to the Contractor by reason of termination under this clause, the Contract Administrator, with the approval of the Purchasing Manager, Administrator shall pay the Contractor from the Using Department’s budget the amounts determined as follows, without duplicating any amount which may have already been paid under the preceding paragraph of this clause: i. i) With respect to all Contract performance prior to the effective date of Notice of Termination, the total of: • Cost of the Goods goods delivered or work performed; and • The reasonable cost of settling and paying any claims as provided above; and • A sum as profit on work performed determined by the Contract Administrator and Purchasing Manager Town’s Procurement Officer to be fair and reasonable. ii. ) The total sum to be paid shall not exceed the original Contract price, as reduced by the amount of payments otherwise made, and as further reduced by the Contract price of Goods, Services, Construction goods or Insurance services not terminated. c. c) If the Contractor is not satisfied with any payments which the Contract Administrator and Purchasing Manager determines to be due under this provision, the Contractor may make a claim in accordance with Section 7 paragraph V)C)1), Submission of City Policy. d. In no event shall Contractor be entitled to any profits if this Contract is terminated for Contractor’s default, and sums otherwise due to Contractor shall be reduced by the amount of any damages incurred by the City as a result of Contractor’s defaultDisputes. 3. ) The Contractor shall include similar provisions for termination in any subcontracts subcontractors and shall require subcontractors to make reasonable efforts to mitigate damages if the Contract is terminated. Failure to include such provisions shall bar the Contractor from any recovery from the City Town whatsoever for loss or damage sustained by a subcontractor as a consequence of termination.

CLAIMS UPON TERMINATION. ‌ 1. ) Upon receipt of a Notice of Termination, the Contractor shall: a. a) Cease any further deliveries or work due under this Contract, on the date, and to the extent, which may be specified in the Notice of Termination; b. b) Place no further orders with any subcontractors except as may be necessary to perform any portion of the Contract not subject to the Notice of Termination (i.e., i.e. in the case of partial termination); c. c) Terminate all subcontractors except to the extent necessary to complete work which was not subject to the Notice of Termination termination (i.e., in the case of partial termination); ▇. ▇▇▇▇▇▇ d) Settle on reasonable terms all outstanding liabilities and claims which may arise out of such termination, with the ratification of the Contract Administrator and the Purchasing ManagerAdministrator; and e. e) Use its best efforts to mitigate any damages which may be sustained by the Contractor or any of its subcontractors as a consequence of termination under this clause. 2. ) After complying with the foregoing provisions, the Contractor shall submit a termination claim within thirty days unless an extension is granted by the Contract Administrator. This termination claim shall document all amounts due under this provision. a. a) Upon receipt of the Contractor’s termination claim, the Contract Administrator, with the approval of the Purchasing ManagerTown Administrator, shall pay from the Using Department's budget the reasonable costs of termination, including a reasonable amount for profit on Services services delivered or completed. In no event shall this amount be greater than the original Contract contract price, reduced by any payments made prior to Notice of Termination, and further reduced by the price of the Goods goods or Services services not delivered, or those Goods, Services, goods or Insurance services not provided, or Construction work not performed. The calculation of the amount to be paid the Contractor shall be documented and made a part of the Contract file. b. b) If the parties cannot agree on the whole amount to be paid to the Contractor by reason of termination under this clause, the Contract Administrator, with the approval of the Purchasing Manager, Administrator shall pay the Contractor from the Using Department’s budget the amounts determined as follows, without duplicating any amount which may have already been paid under the preceding paragraph of this clause: i. i) With respect to all Contract performance prior to the effective date of Notice of Termination, the total of: • Cost of the Goods goods delivered or work performed; and • The reasonable cost of settling and paying any claims as provided above; and • A sum as profit on work performed determined by the Contract Administrator and Purchasing Manager Town’s Procurement Officer to be fair and reasonable. ii. ) The total sum to be paid shall not exceed the original Contract price, as reduced by the amount of payments otherwise made, and as further reduced by the Contract price of Goods, Services, Construction goods or Insurance services not terminated. c. c) If the Contractor is not satisfied with any payments which the Contract Administrator and Purchasing Manager determines to be due under this provision, the Contractor may make a claim in accordance with Section 7 paragraph V)C)1), Submission of City Policy. d. In no event shall Contractor be entitled to any profits if this Contract is terminated for Contractor’s default, and sums otherwise due to Contractor shall be reduced by the amount of any damages incurred by the City as a result of Contractor’s defaultDisputes. 3. ) The Contractor shall include similar provisions for termination in any subcontracts subcontractors and shall require subcontractors to make reasonable efforts to mitigate damages if the Contract is terminated. Failure to include such provisions shall bar the Contractor from any recovery from the City Town whatsoever for loss or damage sustained by a subcontractor as a consequence of termination.

CLAIMS UPON TERMINATION. ‌ 1. Upon receipt of a Notice of Termination, the Contractor shall: a. Cease any further deliveries or work due under this Contract, on the date, and to the extent, which may be specified in the Notice of Termination; b. Place no further orders with any subcontractors except as may be necessary to perform any portion of the Contract not subject to the Notice of Termination (i.e., in the case of partial termination); c. Terminate all subcontractors except to the extent necessary to complete work which was not subject to the Notice of Termination (i.e., in the case of partial termination); ▇. ▇▇▇▇▇▇ all outstanding liabilities and claims which may arise out of such termination, with the ratification of the Contract Administrator and the Purchasing Manager; and e. Use its best efforts to mitigate any damages which may be sustained by the Contractor or any of its subcontractors as a consequence of termination under this clause. 2. After complying with the foregoing provisions, the Contractor shall submit a termination claim within thirty days unless an extension is granted by the Contract Administrator. This termination claim shall document all amounts due under this provision. a. Upon receipt of the Contractor’s termination claim, the Contract Administrator, with the approval of the Purchasing Manager, shall pay from the Using Department's budget the reasonable costs of termination, including a reasonable amount for profit on Services delivered or completed. In no event shall this amount be greater than the original Contract price, reduced by any payments made prior to Notice of Termination, and further reduced by the price of the Goods or Services not delivered, or those Goods, Services, or Insurance not provided, or Construction work not performed. The calculation of the amount to be paid the Contractor shall be documented and made a part of the Contract file. b. If the parties cannot agree on the whole amount to be paid to the Contractor by reason of termination under this clause, the Contract Administrator, with the approval of the Purchasing Manager, shall pay the Contractor from the Using Department’s budget the amounts determined as follows, without duplicating any amount which may have already been paid under the preceding paragraph of this clause: i. With respect to all Contract performance prior to the effective date of Notice of Termination, the total of: •  Cost of the Goods delivered or work Work performed; and •  The reasonable cost of settling and paying any claims as provided above; and •  A sum as profit on work Work performed determined by the Contract Administrator and Purchasing Manager to be fair and reasonable. ii. The total sum to be paid shall not exceed the original Contract price, as reduced by the amount of payments otherwise made, and as further reduced by the Contract price of Goods, Services, Construction or Insurance Work not terminated. c. If the Contractor is not satisfied with any payments which the Contract Administrator and Purchasing Manager determines to be due under this provision, the Contractor may make a claim in accordance with Section 7 of City Policy. d. In no event shall Contractor be entitled to any profits if this Contract is terminated for Contractor’s default, and sums otherwise due to Contractor shall be reduced by the amount of any damages incurred by the City as a result of Contractor’s default. 3. The Contractor shall include similar provisions for termination in any subcontracts and shall require subcontractors to make reasonable efforts to mitigate damages if the Contract is terminated. Failure to include such provisions shall bar the Contractor from any recovery from the City whatsoever for loss or damage sustained by a subcontractor as a consequence of termination.

CLAIMS UPON TERMINATION. ‌ 1. ) Upon receipt of a Notice of Termination, the Contractor shall: a. a) Cease any further deliveries or work due under this Contract, on the date, and to the extent, which may be specified in the Notice of TerminationNotice; b. b) Place no further orders with any subcontractors except as may be necessary to perform any portion of the Contract not subject to the Notice of Termination (i.e., in the case of partial termination); c. c) Terminate all subcontractors except to the extent necessary to complete work which was not subject to the Notice of Termination (i.e., in the case of partial termination); ▇. ▇▇▇▇▇▇ d) Settle all outstanding liabilities and claims which may arise out of such termination, with the ratification of the Contract Administrator and the Purchasing ManagerAdministrator; and e. e) Use its best efforts to mitigate any damages which may be sustained by the Contractor or any of its subcontractors as a consequence of termination under this clause. 2. ) After complying with the foregoing provisions, the Contractor shall submit a termination claim within thirty days unless an extension is granted by the Contract Administrator. This termination claim shall document all amounts due under this provision. a. a) Upon receipt of the Contractor’s termination claim, the Contract Administrator, with the approval of the Purchasing Town Manager, shall pay from the Using Department's budget the reasonable costs of termination, including a reasonable amount for profit on Services services delivered or completed. In no event shall this amount be greater than the original Contract contract price, reduced by any payments made prior to Notice of Termination, and further reduced by the price of the Goods goods or Services services not delivered, or those Goods, Services, goods or Insurance services not provided, or Construction work not performed. The calculation of the amount to be paid the Contractor shall be documented and made a part of the Contract file. b. b) If the parties cannot agree on the whole amount to be paid to the Contractor by reason of termination under this clause, the Contract Administrator, with the approval of the Purchasing Manager, Administrator shall pay the Contractor from the Using Department’s budget the amounts determined as follows, without duplicating any amount which may have already been paid under the preceding paragraph of this clause: i. i) With respect to all Contract performance prior to the effective date of Notice of Termination, the total of: • Cost of the Goods goods delivered or work performed; and • The reasonable cost of settling and paying any reasonable claims as provided above; and • A sum as profit on work performed determined by the Contract Administrator and Purchasing Manager Town Procurement Officer to be fair and reasonable. ii. ) The total sum to be paid shall not exceed the original Contract price, as reduced by the amount of payments otherwise made, and as further reduced by the Contract price of Goods, Services, Construction goods or Insurance services not terminated. c. c) If the Contractor is not satisfied with any payments which the Contract Administrator and Purchasing Manager determines to be due under this provision, the Contractor may make a appeal any claim to the Town in accordance with Section 7 of City Policy. d. In no event shall Contractor be entitled to any profits if this Contract is terminated for Contractor’s default, and sums otherwise due to Contractor shall be reduced by the amount of any damages incurred by the City as a result of Contractor’s default. 3. The Contractor shall include similar provisions for termination in any subcontracts and shall require subcontractors to make reasonable efforts to mitigate damages if the Contract is terminated. Failure to include such provisions shall bar the Contractor from any recovery from the City whatsoever for loss or damage sustained by a subcontractor as a consequence of termination.paragraph V)C)1),