Common use of TERMINATION BY ENGINEER Clause in Contracts

TERMINATION BY ENGINEER. 10.1 If OWNER fails to pay ENGINEER, within one hundred twenty (120) days after payment is due, ENGINEER may, after having given fifteen (15) days written notice, and if OWNER has not made payment, terminate this Agreement. In the event of such termination, OWNER shall compensate ENGINEER in accordance with the provisions of Sections 8.6 and 9.2 of this Agreement. 10.2 If OWNER requests ENGINEER to furnish or perform services contrary to ENGINEER’S responsibilities as a licensed designed professional, ENGINEER shall notify Director of OWNER of this request within three (3) days of the request being made. If Director renews request and request actually requires ENGINEER to act contrary to ENGINEER’S responsibilities as a license design professional, ENGINEER may terminate this Agreement upon seven (7) days written notice to OWNER. In the event of such termination, OWNER shall compensate ENGINEER in accordance with the provisions of Section 9.2 of this Agreement. 10.3 If ENGINEER loses the services of key personnel essential to the prosecution of this Agreement ENGINEER has the following options: a. With the consent of OWNER, substitute other personnel. OWNER may not unreasonably withhold consent. b. Terminate the Agreement. However, if ENGINEER terminates the Agreement, OWNER may complete PROJECT in any manner deemed appropriate. ENGINEER shall be liable to OWNER for the difference between the cost of completing the PROJECT after termination and the contract price together with any incidental and consequential damages, but less expenses saved in consequence of ENGINEER’S termination.

Appears in 9 contracts

Sources: Professional Services, Professional Services, Professional Services

TERMINATION BY ENGINEER. 10.1 If OWNER fails to pay ENGINEER, ENGINEER within one hundred twenty sixty (12060) days after payment is due, ENGINEER may, after having given fifteen (15) days written notice, and if OWNER has not made payment, terminate this Agreement. In the event of such termination, OWNER shall compensate ENGINEER in accordance with the provisions of Sections Paragraphs 8.6 and 9.2 of this Agreement. 10.2 If OWNER requests ENGINEER to furnish or perform services contrary to ENGINEER’S 's responsibilities as a licensed designed design professional, ENGINEER shall notify Director of OWNER of this request within three (3) days of the request being made. If Director renews request and request actually requires ENGINEER to act contrary to ENGINEER’S 's responsibilities as a license licensed design professional, ENGINEER may terminate this Agreement upon seven (7) days written notice to OWNER. In the event of such termination, OWNER shall compensate ENGINEER in accordance with the provisions of Section Paragraph 9.2 of this Agreement. 10.3 If ENGINEER loses the services of key personnel essential to the prosecution of this Agreement Agreement, ENGINEER has the following options: a. A. With the consent of OWNER, substitute other personnel. personnel (OWNER may not unreasonably withhold consent.); or b. B. Terminate the Agreement. However, if ENGINEER terminates the Agreement, OWNER may complete PROJECT in any manner deemed appropriate. ENGINEER shall be liable to OWNER for the difference between the cost of completing the PROJECT after termination and the contract price together with any incidental and consequential damages, but less expenses saved in consequence of ENGINEER’S 's termination.

Appears in 5 contracts

Sources: Professional Services Agreement, Professional Services, Professional Services

TERMINATION BY ENGINEER. 10.1 If OWNER fails to pay ENGINEER, within one hundred twenty (120) days after payment is due, ENGINEER may, after having given fifteen (15) days written notice, and if OWNER has not made payment, terminate this Agreement. In the event of such termination, OWNER shall compensate ENGINEER in accordance with the provisions of Sections Paragraphs 8.6 and 9.2 of this Agreement. 10.2 If OWNER requests ENGINEER to furnish or perform services contrary to ENGINEER’S responsibilities as a licensed designed professional, ENGINEER shall notify Director of OWNER of this request within three (3) days of the request being made. If Director renews request and request actually requires ENGINEER to act contrary to ENGINEER’S responsibilities as a license design professional, ENGINEER may terminate this Agreement upon seven (7) days written notice to OWNER. In the event of such termination, OWNER shall compensate ENGINEER in accordance with the provisions of Section Paragraph 9.2 of this Agreement. 10.3 If ENGINEER loses the services of key personnel essential to the prosecution of this Agreement ENGINEER has the following options: a. With the consent of OWNER, substitute other personnel. OWNER may not unreasonably withhold consent. b. Terminate the Agreement. However, if ENGINEER terminates the Agreement, OWNER may complete PROJECT in any manner deemed appropriate. ENGINEER shall be liable to OWNER for the difference between the cost of completing the PROJECT after termination and the contract price together with any incidental and consequential damages, but less expenses saved in consequence of ENGINEER’S termination.

Appears in 2 contracts

Sources: Professional Services, Professional Services

TERMINATION BY ENGINEER. 10.1 If OWNER fails to pay ENGINEER, within one hundred twenty (120) days after payment is due, ENGINEER may, after having given fifteen (15) days written notice, and if OWNER has not made payment, terminate this Agreement. In the event of such termination, OWNER shall compensate ENGINEER in accordance with the provisions of Sections Paragraphs 8.6 and 9.2 of this Agreement. 10.2 If OWNER requests ENGINEER to furnish or perform services contrary to ENGINEER’S responsibilities as a licensed designed professional, ENGINEER shall notify Director of OWNER of this request within three (3) days of the request being made. If Director OWNER renews request and request actually requires ENGINEER to act contrary to ENGINEER’S responsibilities as a license licensed design professional, ENGINEER may terminate this Agreement upon seven (7) days written notice to OWNER. In the event of such termination, OWNER shall compensate ENGINEER in accordance with the provisions of Section Paragraph 9.2 of this Agreement. 10.3 If ENGINEER loses the services of key personnel essential to the prosecution of this Agreement ENGINEER has the following options: a. With the consent of OWNER, substitute other personnel. OWNER may not unreasonably withhold consent. b. Terminate the Agreement. However, if ENGINEER terminates the Agreement, OWNER may complete PROJECT in any manner deemed appropriate. ENGINEER shall be liable to OWNER for the difference between the cost of completing the PROJECT after termination and the contract price together with any incidental and consequential damages, but less expenses saved in consequence of ENGINEER’S termination.

Appears in 2 contracts

Sources: Professional Services, Professional Services

TERMINATION BY ENGINEER. 10.1 If OWNER fails to pay ENGINEER, ENGINEER within one hundred twenty sixty (12060) days after payment is due, ENGINEER may, after having given fifteen (15) days written notice, and if OWNER has not made payment, terminate this Agreement. In the event of such termination, OWNER shall compensate ENGINEER in accordance with the provisions of Sections Paragraphs 8.6 and 9.2 of this Agreement. 10.2 If OWNER requests ENGINEER to furnish or perform services contrary to ENGINEER’S 's responsibilities as a licensed designed design professional, ENGINEER shall notify Director of OWNER of this request within three (3) days of the request being made. If Director renews request and request actually requires ENGINEER to act contrary to ENGINEER’S 's responsibilities as a license licensed design professional, ENGINEER may terminate this Agreement upon seven (7) days written notice to OWNER. In the event of such termination, OWNER shall compensate ENGINEER in accordance with the provisions of Section Paragraph 9.2 of this Agreement. 10.3 If ENGINEER loses the services of key personnel essential to the prosecution of this Agreement Agreement, ENGINEER has the following options: a. A. With the consent of OWNER, substitute other personnel. personnel (OWNER may not unreasonably withhold consent.); or b. B. Terminate the Agreement. However, if ENGINEER terminates the Agreement, OWNER may complete PROJECT in any manner deemed appropriate. ENGINEER shall be liable to OWNER for the difference between the cost of completing the PROJECT after termination and the contract price together with any incidental and consequential damagesprice, but less expenses saved in consequence of ENGINEER’S 's termination. If ENGINEER is not allowed to complete all the services called for by this Agreement, the ENGINEER shall not be held responsible for the accuracy, completeness or constructability of the construction documents prepared by the ENGINEER if used, reused, changed or completed by the OWNER or by another party, unless authorized by ENGINEER.

Appears in 1 contract

Sources: Professional Services

TERMINATION BY ENGINEER. 10.1 If OWNER fails to pay ENGINEER, ENGINEER within one hundred twenty sixty (12060) days after payment is due, ENGINEER may, after having given fifteen (15) days written notice, and if OWNER has not made payment, terminate this Agreement. In the event of such termination, OWNER shall compensate ENGINEER in accordance with the provisions of Sections Paragraphs 8.6 and 9.2 of this Agreement. 10.2 If OWNER requests ENGINEER to furnish or perform services contrary to ENGINEER’S 's responsibilities as a licensed designed design professional, ENGINEER shall notify Director of OWNER of this request within three (3) days of the request being made. If Director renews request and request actually requires ENGINEER to act contrary to ENGINEER’S 's responsibilities as a license licensed design professional, ENGINEER may terminate this Agreement upon seven (7) days written notice to OWNER. In the event of such termination, OWNER shall compensate ENGINEER in accordance with the provisions of Section Paragraph 9.2 of this Agreement. 10.3 If ENGINEER loses the services of key personnel essential to the prosecution of this Agreement Agreement, ENGINEER has the following options: a. A. With the consent of OWNER, substitute other personnel. personnel (OWNER may not unreasonably withhold consent.); or b. B. Terminate the Agreement. However, if ENGINEER terminates the Agreement, OWNER may complete PROJECT each approved written Task Order in any manner deemed appropriate. ENGINEER shall be liable to OWNER for the difference between the cost of completing the PROJECT each uncompleted written Task Order after termination and the contract price together with any incidental and consequential damages, but less expenses saved in consequence of ENGINEER’S 's termination.

Appears in 1 contract

Sources: Continuing Professional Services Agreement