Compensation After Termination. 12.3.1 In the event of termination for the convenience of the TOWN, the FIRM shall be paid that portion of its fees that it has earned to the date of termination less any costs or expenses incurred or anticipated to be unearned by the TOWN due to errors or omissions of the FIRM. Upon receiving notice of termination, FIRM shall immediately and expeditiously terminate any ongoing Services and Additional Services or amendment thereto and inform FIRM’s Consultants of the termination of this Agreement, so as to minimize the costs and expenses sustained prior to the effective date of the termination. 12.3.2 In the event of termination by reason of a material breach of the Agreement by the TOWN, FIRM shall be entitled to the same compensation as it would have received had the TOWN terminated the Agreement for convenience, and FIRM expressly agrees that said compensation is fair and appropriate as liquidated damages for any and all costs and damages it might incur as a result of such termination. 12.3.3 In the event of termination by reason of a material breach of the Agreement by the FIRM, FIRM shall be paid that portion of its fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the TOWN due to errors or omissions of the FIRM or by reason of the FIRM’s breach of this Agreement. 12.3.4 Should this Agreement be terminated, for whatever reason, FIRM shall, at the request of the TOWN, expend such additional effort as may be necessary, at its cost and expense, to provide to the TOWN professionally certified and sealed drawings, and such other information and materials as may have been accumulated by the FIRM in the performance of this Agreement or Written Amendment, whether completed or in process.
Appears in 2 contracts
Sources: Agreement for Estimating Services, Agreement for Estimating Services
Compensation After Termination. 12.3.1 In the event of termination for the convenience of the TOWN, the FIRM shall be paid that portion of its fees and expenses that it has earned to the date of termination less any costs or expenses incurred or anticipated to be unearned by the TOWN due to errors or omissions of the FIRM. Upon receiving notice of termination, FIRM shall immediately and expeditiously terminate any ongoing Services and Additional Services it is to provide under any Task Order or amendment thereto and inform FIRM’s Consultants of the termination of this AgreementAgreement and/or Task Order, so as to minimize the costs and expenses sustained prior to the effective date of the termination.
12.3.2 In the event of termination by reason of a material breach of the Agreement by the TOWN, FIRM shall be entitled to the same compensation as it would have received had the TOWN terminated the Agreement for convenience, and FIRM expressly agrees that said compensation is fair and appropriate as liquidated damages for any and all costs and damages it might incur as a result of such termination.
12.3.3 In the event of termination by reason of a material breach of the Agreement by the FIRM, FIRM shall be paid that portion of its fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the TOWN due to errors or omissions of the FIRM or by reason of the FIRM’s breach of this Agreement.
12.3.4 Should this Agreement be terminated, for whatever reason, FIRM shall, at the request of the TOWN, expend such additional effort as may be necessary, at its cost and expense, to provide to the TOWN professionally certified and sealed drawings, and such other information and materials as may have been accumulated by the FIRM in the performance of this Agreement or Written Amendment, whether completed or in process.
Appears in 2 contracts
Sources: Master Agreement for on Call Engineering and Related Services, Master Agreement for on Call Engineering and Related Services
Compensation After Termination. 12.3.1 In the event of termination for the convenience of the TOWN, the FIRM shall be paid that portion of its fees and expenses that it has earned to the date of termination less any costs or expenses incurred or anticipated to be unearned by the TOWN due to errors or omissions of the FIRM. Upon receiving notice of termination, FIRM shall immediately immedia te ly and expeditiously terminate any ongoing Services and Additional Services it is to provide under any Task Order or amendment thereto and inform FIRM’s Consultants of the termination of this AgreementAgreement and/or Task Order, so as to minimize the costs and expenses sustained prior to the effective date of the termination.
12.3.2 In the event of termination by reason of a material breach of the Agreement by the TOWN, FIRM shall be entitled to the same compensation as it would have received had the TOWN terminated the Agreement for convenience, and FIRM expressly agrees that said compensation is fair and appropriate as liquidated damages for any and all costs and damages it might incur as a result of such termination.
12.3.3 In the event of termination by reason of a material breach of the Agreement by the FIRM, FIRM shall be paid that portion of its fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the TOWN due to errors or omissions of the FIRM or by reason of the FIRM’s breach of this Agreement.
12.3.4 Should this Agreement be terminated, for whatever reason, FIRM shall, at the request of the TOWN, expend such additional effort as may be necessary, at its cost and expense, to provide to the TOWN professionally certified and sealed drawings, and such other information and materials as may have been accumulated by the FIRM in the performance of this Agreement or Written Amendment, whether completed or in process.
Appears in 1 contract
Sources: Master Agreement for on Call Engineering and Surveying Services
Compensation After Termination. 12.3.1 In the event of termination for the convenience of the TOWN, the FIRM shall be paid that portion of its fees and expenses that it has earned to the date of termination less any costs or expenses incurred or anticipated to be unearned by the TOWN due to errors or omissions of the FIRM. Upon receiving notice of termination, FIRM shall immediately and expeditiously terminate any ongoing Services and Additional Services it is to provide under any Task Order or amendment thereto and inform FIRM’s Consultants of the termination of this AgreementAgreement and/or Task Order, so as to minimize the costs and expenses sustained prior to the effective date of the termination.
12.3.2 In the event of termination by reason of a material breach of the Agreement by the TOWN, FIRM shall be entitled to the same compensation as it would have received had the TOWN terminated the Agreement for convenience, and FIRM expressly agrees that said compensation is fair and appropriate as liquidated damages for any and all costs and damages it might incur as a result of such termination.
12.3.3 In the event of termination by reason of a material breach of the Agreement by the FIRM, FIRM shall be paid that portion of its fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the TOWN due to errors errors, acts or omissions of the FIRM or by reason of the FIRM’s breach of this Agreement.
12.3.4 Should this Agreement be terminated, for whatever reason, FIRM shall, at the request of the TOWN, expend such additional effort as may be necessary, at its cost and expense, to provide to the TOWN professionally certified and sealed drawings, and such other information and materials as may have been accumulated by the FIRM in the performance of this Agreement or Written Amendment, whether completed or in process.
Appears in 1 contract
Sources: Master Agreement
Compensation After Termination. 12.3.1 In the event of termination for the convenience of the TOWN, the FIRM shall be paid that portion of its fees that it has earned to the date of termination less any costs or expenses incurred or anticipated to be unearned by the TOWN due to errors or omissions of the FIRM. Upon receiving notice of termination, FIRM shall immediately and expeditiously terminate any ongoing Services SERVICES and Additional Services ADDITIONAL SERVICES or amendment thereto and inform FIRM’s Consultants of the termination of this AgreementAGREEMENT, so as to minimize the costs and expenses sustained prior to the effective date of the termination.
12.3.2 In the event of termination by reason of a material breach of the Agreement AGREEMENT by the TOWN, FIRM shall be entitled to the same compensation as it would have received had the TOWN terminated the Agreement AGREEMENT for convenience, and FIRM expressly agrees that said compensation is fair and appropriate as liquidated damages for any and all costs and damages it might incur as a result of such termination.
12.3.3 In the event of termination by reason of a material breach of the Agreement AGREEMENT by the FIRM, FIRM shall be paid that portion of its fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the TOWN due to errors or omissions of the FIRM or by reason of the FIRM’s breach of this AgreementAGREEMENT.
12.3.4 Should this Agreement AGREEMENT be terminated, for whatever reason, FIRM shall, at the request of the TOWN, expend such additional effort as may be necessary, at its cost and expense, to provide to the TOWN professionally certified and sealed drawings, and such other information and materials as may have been accumulated by the FIRM in the performance of this Agreement AGREEMENT or Written Amendment, whether completed or in process.
Appears in 1 contract
Sources: Agreement for Estimating Services