Termination by Owner. The Owner may terminate this Agreement in whole or in part, for the failure of the Consultant to: 1. Perform the services within the time specified in this contract or by Owner approved extension; 2. Make adequate progress so as to endanger satisfactory performance of the Project; 3. Fulfill the obligations of the Agreement that are essential to the completion of the Project; or 4. If the Consultant is adjudicated as bankrupt, or if it makes a general assignment for the benefit of creditors, or if a receiver is appointed on account of its insolvency, or 5. If it fails to supply qualified and dedicated personnel, 6. If it fails to make proper payment to sub-consultants and subcontractors, or 7. Disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdictions, or 8. Otherwise is guilty of material breach of any provision of this Agreement, the Owner may, without prejudice to any right or remedy, terminate the employment of Consultant and complete the Consultant's services hereunder through others. Upon receipt of the notice of termination, the Consultant must immediately discontinue all services affected unless the notice directs otherwise. Upon termination of the Agreement, the Consultant must deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete. Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice. Compensation include anticipated profit on non-performed services. If, after finalization of the termination action, the Owner determines the Consultant was not in default of the Agreement, the rights and obligations of the parties shall be the same as if the Owner issued the termination for the convenience of the Owner.
Appears in 10 contracts
Sources: Professional Services, Professional Services, Professional Services
Termination by Owner. The Owner may terminate this Agreement in whole or in part, for the failure of the Consultant to:
1. Perform the services within the time specified in this contract or by Owner approved extension;
2. Make adequate progress so as to endanger satisfactory performance of the Project;
3. Fulfill the obligations of the Agreement that are essential to the completion of the Project; or
4. If the Consultant is adjudicated as bankrupt, or if it makes a general assignment for the benefit of creditors, or if a receiver is appointed on account of its insolvency, or
5. If it fails to supply qualified and dedicated personnel,
6. If it fails to make proper payment to sub-consultants and subcontractors, or
7. Disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdictions, or
8. Otherwise is guilty of material breach of any provision of this Agreement, the Owner may, without prejudice to any right or remedy, terminate the employment of Consultant and complete the Consultant's services hereunder through others. Upon receipt of the notice of termination, the Consultant must immediately discontinue all services affected unless the notice directs otherwise. Upon termination of the Agreement, the Consultant must deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete. Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice. Compensation include anticipated profit on non-performed services. Owner further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. If, after finalization of the termination action, the Owner determines the Consultant was not in default of the Agreement, the rights and obligations of the parties shall be the same as if the Owner issued the termination for the convenience of the Owner.
Appears in 1 contract
Sources: Professional Services
Termination by Owner. The Owner may terminate this Agreement in whole or in part, for the failure of the Consultant to:
1. a. Perform the services within the time specified in this contract or by Owner approved extension;
2. b. Make adequate progress so as to endanger satisfactory performance of the Project;
3. c. Fulfill the obligations of the Agreement that are essential to the completion of the Project; or
4. d. If the Consultant is adjudicated as bankrupt, or if it makes a general assignment for the benefit of creditors, or if a receiver is appointed on account of its insolvency, or
5. e. If it fails to supply qualified and dedicated personnel,
6. f. If it fails to make proper payment to sub-consultants and subcontractors, or
7. g. Disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdictions, or
8. h. Otherwise is guilty of material breach of any provision of this Agreement, the Owner may, without prejudice to any right or remedy, terminate the employment of Consultant and complete the Consultant's services hereunder through others. Upon receipt of the notice of termination, the Consultant must immediately discontinue all services affected unless the notice directs otherwise. Upon termination of the Agreement, the Consultant must deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete. Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice. Compensation include anticipated profit on non-performed servicesOwner further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. If, after finalization of the termination action, the Owner determines the Consultant was not in default of the Agreement, the rights and obligations of the parties shall be the same as if the Owner issued the termination for the convenience of the Owner.
Appears in 1 contract
Sources: Professional Services
Termination by Owner. The Owner may terminate this Agreement in whole or in part, for the failure of the Consultant to:
1. Perform the services within the time specified in this contract Agreement or by Owner approved extension;
2. Make adequate progress so as to endanger satisfactory performance of the Project;
3. Fulfill the obligations of the Agreement that are essential to the completion of the Project; or
4. If the Consultant is adjudicated as bankrupt, or if it makes a general assignment for the benefit of creditors, or if a receiver is appointed on account of its insolvency, or
5. If it fails to supply qualified and dedicated personnel,
6. If it fails to make proper payment to sub-consultants and subcontractors, or
7. Disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdictions, or
8. Otherwise is guilty of material breach of any provision of this Agreement, ,
4.3.1.1 the Owner may, without prejudice to any right or remedy, terminate the employment of Consultant and complete the Consultant's services hereunder through others. .
4.3.1.2 Upon receipt of the notice of termination, the Consultant must immediately discontinue all services affected unless the notice directs otherwise. Upon termination of the Agreement, the Consultant must deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete. .
4.3.1.3 Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice. Compensation include anticipated profit on non-performed services. .
4.3.1.4 If, after finalization of the termination action, the Owner determines the Consultant was not in default of the Agreement, the rights and obligations of the parties shall be the same as if the Owner issued the termination for the convenience of the Owner.
Appears in 1 contract
Sources: Professional Services