Common use of Owner’s Right to Terminate for Convenience Clause in Contracts

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.

Appears in 2 contracts

Sources: Engineering, Procurement and Construction Services Fixed Price Contract (Otter Tail Ag Enterprises, LLC), Engineering, Procurement and Construction Services Fixed Price Contract (Otter Tail Ag Enterprises, LLC)