Owner’s Right to Terminate for Convenience Sample Clauses
The Owner’s Right to Terminate for Convenience clause allows the owner to end a contract at their discretion, without needing to prove contractor fault or breach. In practice, this means the owner can halt the project for reasons such as budget changes, shifting priorities, or other business considerations, typically by providing written notice to the contractor. The clause ensures the owner retains flexibility to adapt to changing circumstances, while also usually requiring compensation to the contractor for work performed and certain costs incurred, thereby balancing the owner’s need for control with fair treatment of the contractor.
Owner’s Right to Terminate for Convenience. 15.3.1 Upon ten (10) Days’ written notice to Design-Builder, Owner may, for its convenience and without cause, elect to terminate this Agreement. In such event, Owner shall pay Design-Builder for the following:
(a) to the extent not already paid, all Work executed, and for proven loss, cost or expense in connection with the Work;
(b) the reasonable costs and expenses attributable to such termination, including demobilization costs;
(c) amounts due in settlement of terminated contracts with Subcontractors and Design Consultants;
(d) overhead and profit margin in the amount of fifteen percent (15%) on the sum of items (a) and (b) above; and
(e) all retainage withheld by Owner on account of Work that has been completed in accordance with the Contract Documents.
15.3.2 If Owner terminates this Agreement pursuant to this Section 15.3 and proceeds to design and construct the Project through its employees, agents or third parties, Owner’s rights to use the Work Product shall be as set forth in Section 5.3.
Owner’s Right to Terminate for Convenience. Owner may, at its sole discretion, terminate this Contract, in whole or in part, by written notice to Consultant specifying the termination date of the Contract.
Owner’s Right to Terminate for Convenience. 16.3.1 Upon thirty (30) Days’ written notice to Vendor, Owner may, for its convenience and without cause, elect to terminate this Agreement. In such event, Owner shall pay Vendor for the following (without duplication):
(a) To the extent not already paid, all work completed in accordance with the Contract Documents;
(b) The reasonable costs and expenses attributable to such termination, including demobilization costs and amounts due in settlement of terminated contracts with Vendor’s subcontractors and suppliers, including cancellation payments agreed between Vendor and such subcontractors and suppliers, and the cancellation payment schedule set forth in Exhibit D, if any;
(c) Overhead and profit margin in the amount of [*] on item (b) above; and
(d) All retainage withheld by Owner on account of work that has been completed in accordance with the Contract Documents (or return of any letter of credit that may have been provided by Vendor in lieu of such retainage); provided, however, that the total amount payable by Owner pursuant to this Section 16.3.1 shall not in any circumstance exceed the Contract Price.
Owner’s Right to Terminate for Convenience. The Owner shall have the right to terminate this Contract at its own convenience for any reason by giving seven (7) days prior written notice of termination to the Contractor. The Contractor shall be paid an amount equal to the lesser of: (1) the actual cost of any work, labor or materials actually performed or in place and the actual cost of any labor, equipment or materials ordered in good faith which could not be canceled, less the salvage value thereof, plus ten percent (10%) or
Owner’s Right to Terminate for Convenience. Owner may, in its sole discretion, terminate this Design and Construction Contract by written notice to ESCO specifying the date of termination. If Owner, during Phase II terminates this Design and Construction Contract for convenience by providing 15 days advance written notice thereof to ESCO, Owner shall pay to ESCO that sum equal to the percentage of the Work that is completed and accepted by Owner.
Owner’s Right to Terminate for Convenience. Upon written notice to ▇▇▇▇▇▇ Mechanical, Owner may, for its convenience and without cause, elect to terminate this Agreement. In such event, Owner shall pay ▇▇▇▇▇▇ Mechanical for the following:
1. all Work executed;
2. the reasonable and documented costs and expenses attributable to such termination, including demobilization costs and amounts due in settlement of terminated contracts with Subcontractors and Design Consultants; and
3. overhead and profit in the amount of * on the sum of items 1 and 2 above. In no event shall Owner be liable to ▇▇▇▇▇▇ Mechanical for profit or overhead on Work not executed. * PORTIONS OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT WHICH HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
9.3.1 If Owner improperly terminates the Agreement for cause, the termination for cause will be converted to a termination for convenience in accordance with the provisions of Section 9.3 of the Contract.
Owner’s Right to Terminate for Convenience. Notwithstanding the rights of the Owner or defaults outlined above, the Owner shall have the right to terminate this Contract, in whole or in part, at its own convenience for any reason by giving seven (7) days prior written notice of termination to the Contractor. In the event of such termination for convenience prior to a SPRS being placed in service, the Contractor shall be paid an amount equal to the actual cost of any Work actually performed and in place and the actual cost of any labor, equipment or materials ordered in good faith which could not be canceled, less the salvage value thereof, plus theten percent (10%). In the event of a termination after a SPRS is placed in service, the Contractor shall be paid an amount equal to the rates agreed for any power provided prior to the effective date of the termination, plus the future value of power calculated by multiplying the annual projected amount of kWh by the agreed upon rate discounted at four percent (4%). The Owner shall have the right of audit, and Contractor shall have the obligations, stated in Article 24 insofar as they pertain to amounts claimed to be due hereunder. In the event a termination by the Owner for default, in whole or in part, subsequently is determined to have been without sufficient justification, such termination shall be deemed a termination for convenience and the Contractor’s remedies shall be limited as provided in this Article 18.7.
Owner’s Right to Terminate for Convenience. 11.5.1 Upon ten (10) days’ written notice to Design-Builder, Owner may, for its convenience and without cause, elect to terminate this Agreement. In such event, Owner shall pay Design-Builder for the following:
.1 All Work executed and for proven loss, cost or expense in connection with the Work; .2 The reasonable costs and expenses attributable to such termination, including demobilization costs and amounts due in settlement of terminated contracts with Subcontractors and Design Consultants; and
Owner’s Right to Terminate for Convenience. Owner may, at its sole discretion, terminate this MA, in whole or in part, by written notice to Consultant specifying the termination date of the MA.
Owner’s Right to Terminate for Convenience. Owner may, at its sole discretion, terminate this Contract, in whole or in part, when such termination is in the public interest of the Owner, upon written notice to Consultant specifying the scope of the termination and the termination date of the Contract. Owner may terminate this Contract immediately, in whole or in part, upon written notice to Consultant, or such later date as Owner may establish in such notice, upon the occurrence of any of the following events: Owner fails to receive appropriations, limitations or other expenditure authority sufficient to allow Owner, in the exercise of its reasonable administrative discretion, to continue to make payments for Consultant’s Services; Federal, State or local laws, regulations or guidelines are modified or interpreted in such a way that either the Services under the Contract are prohibited or Owner is prohibited from paying for such Services from the planned funding source; Consultant no longer holds any license or certificate that is required to perform the Services; Consultant has liquidated and delinquent debt owed to the State of Oregon or any department or agency of the State; or Consultant commits any material breach or default of any covenant, warranty, obligation, certification or agreement under the Contract, fails to perform the Services under the Contract within the time specified or any extension thereof, or so fails to perform the Services as to endanger Consultant's performance under the Contract in accordance with its terms, and such breach, default or failure is not cured within 30 calendar days after Owner's notice to Consultant, or such longer period as Owner may specify in such notice.