Compensation on Termination for Contractor Default Clause Samples

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Compensation on Termination for Contractor Default. On termination of the Contract under this clause 49 (Termination on Contractor Default), the Authority may recover from the Contractor the costs reasonably incurred of making other arrangements for the provision of the Services up to the earlier of the date falling twelve (12) Months after the Termination Date and the Expiry Date, provided that in the payment of compensation by the Contractor only the difference in cost between the amount that would have been paid by the Authority for the provision of the Services had a Contractor Default not occurred and amounts reasonably incurred by the Authority for the delivery of the Services by an alternative provider (which the Authority shall take reasonable steps to mitigate) shall be paid by the Contractor to the Authority. The amount which would have been paid to the Contractor had a Contractor Default not occurred shall, for the purposes of this clause, be calculated as:
Compensation on Termination for Contractor Default. The following provisions of this Part 3 (Compensation on Termination for Contractor Default) shall apply on termination of the Contract pursuant to Clause 67 (Termination for Contractor Default) and any compensation payable by the Authority to the Contractor shall be determined accordingly.
Compensation on Termination for Contractor Default. On termination of the Contract under this clause 34 (Termination on Contractor Default), without prejudice to its other rights and remedies under this Contract, the Authority may recover from the Contractor the costs reasonably incurred of making other arrangements for the provision of the Service (including, for the avoidance of doubt, the Authority’s administrative costs) up to the Expiry Date provided that in the payment of compensation by the Contractor only the difference in cost between the amount that would have been paid by the Authority for the provision of the Service had a Contractor Default not occurred and amounts reasonably incurred by the Authority for the delivery of the Service by an alternative provider (which the Authority shall take reasonable steps to mitigate) shall be paid by the Contractor to the Authority. The amount which would have been paid to the Contractor had a Contractor Default not occurred shall, for the purposes of this clause 34.4 (Compensation on Termination for Contractor Default), be calculated as: where the Services Period at the Termination Date was twelve (12) Months or more, the average Contract Price paid or payable per Month (excluding VAT and less the amount of any Performance deductions paid or payable by the Contractor in such period) in respect of the Services provided in the twelve (12) Months immediately preceding the Termination Date; where the Services Period at the Termination Date was less than twelve (12 Months, the average Contract Price paid or payable per Month during the Services Period (excluding VAT and less the amount of any Performance deductions paid or payable by the Contractor in such period) in respect of the Services provided in the Services Period. in each case multiplied by the number of Months in respect of which compensation is payable. On termination under this clause 34 (Termination on Contractor Default) the Authority shall have the option to require the Contractor to transfer all of its right, title and interest in and to the Assets to the Authority or as directed by the Authority. 35TERMINATION ON FORCE MAJEURE
Compensation on Termination for Contractor Default 

Related to Compensation on Termination for Contractor Default

  • Compensation on Termination An Employee whose services have been terminated for any cause and who within three (3) months of separation is diagnosed by a physician as having tuberculosis, shall be entitled to the above compensation and the salary rate shall be based on the salary he was receiving at the time his services were terminated. The benefits of this provision may be extended for an additional three (3) months, provided that the former Employee concerned submits a x-ray plate taken within three (3) months after the termination of employment.

  • SUSPENSION & TERMINATION FOR DEFAULT Enterprise Services may suspend Contractor’s operations under this Contract immediately by written cure notice of any default. Suspension shall continue until the default is remedied to Enterprise Services’ reasonable satisfaction; Provided, however, that, if after thirty (30) calendar days from such a suspension notice, Contractor remains in default, Enterprise Services may terminate Contractor’s rights under this Contract. All of Contractor’s obligations to Enterprise Services and Purchasers survive termination of Contractor’s rights under this Contract, until such obligations have been fulfilled.

  • Term; Termination; Rights on Termination The term of this Agreement shall begin on the date hereof and continue for three (3) years, and, unless terminated sooner as herein provided, shall continue thereafter on a year-to-year basis on the same terms and conditions contained herein in effect as of the time of renewal (such initial three year period and any extensions thereof being referred to herein as the "Term"). This Agreement and Employee's employment may be terminated in any one of the following ways:

  • Termination of 401(k) Plan At Parent’s written request, delivered no later than fifteen (15) days prior to the Closing, the Company shall terminate the Furmanite Corporation 401(k) Savings and Investment Plan (the “Company 401(k) Plan”) effective immediately prior to the Closing Date and contingent upon the occurrence of the Closing, and upon such termination, shall cease all further contributions to the Company 401(k) Plan for pay periods beginning on and after the Closing Date and, to the extent the Company 401(k) Plan provides for loans to participants, and upon such termination, shall cease making any such additional loans effective immediately prior to the Closing Date. If Parent does not instruct the Company to terminate the Company 401(k) Plan, nothing herein shall be deemed to prevent the Surviving Corporation or Parent from terminating the Company 401(k) Plan following the Closing in accordance with applicable Law. In the event that Parent instructs the Company to terminate the Company 401(k) Plan, (a) prior to the Closing Date and thereafter (as applicable), the Company and Parent shall take any and all action as may be required, including amendments to the Company 401(k) Plan and/or the corresponding 401(k) plan sponsored or maintained by Parent or one of its Subsidiaries (the “Parent 401(k) Plan”) to comply with applicable Law, (b) subject to the receipt of a favorable IRS determination letter with respect to the termination of the Company 401(k) Plan, to permit each employee of the Company and its Subsidiaries who continues to be employed by Parent or its Subsidiaries (including, for the avoidance of doubt the Surviving Corporation and its Subsidiaries) immediately following the Effective Time (each, a “Continuing Employee”) to make rollover contributions of “eligible rollover distributions” (within the meaning of Section 401(a)(31) of the Code, including of loans) in cash or notes (in the case of loans) in an amount equal to the eligible rollover distribution portion of the account balance distributable to such Continuing Employee from the Company 401(k) Plan to the corresponding Parent 401(k) Plan, and (c) upon any termination of the Company 401(k) Plan in accordance with this Section 6.03, the Continuing Employees shall be eligible to participate, effective as of the Effective Time, in the Parent 401(k) Plan.

  • Complete Disposal Upon Termination of Service Agreement Upon Termination of the Service Agreement Provider shall dispose or delete all Student Data obtained under the Service Agreement. Prior to disposition of the data, Provider shall notify LEA in writing of its option to transfer data to a separate account, pursuant to Article II, section 3, above. In no event shall Provider dispose of data pursuant to this provision unless and until Provider has received affirmative written confirmation from LEA that data will not be transferred to a separate account.