Common use of TERMINATION/CANCELLATION Clause in Contracts

TERMINATION/CANCELLATION. Termination for Cause - Performance of work under the Subcontract may be terminated by Buyer, in whole or in part, if, within ten days of Buyer’s notice to Seller, Seller fails to: (1) cure any material failure to perform, discharge or fulfill its obligations under the Subcontract including, but not limited to failure to observe or comply with any of the other instructions, terms, conditions, or warranties applicable to the Subcontract, (2) fails to make progress so as to endanger performance of the Subcontract, or (3) fails to provide adequate assurance of future performance. Additionally, Buyer may terminate the Subcontract immediately if Seller fails to deliver according to the Schedule or violates any Federal, state, local, or law pertaining to performance of the Subcontract. Default involving delivery schedule delays shall not be subject to cure provisions. Buyer shall not be liable for any work not accepted prior to termination. Buyer may require Seller to deliver to Buyer any supplies and materials, manufacturing materials, and manufacturing drawings Seller has specifically produced or acquired for the terminated portion of the Subcontract. Seller shall continue all work not terminated. Without Cause - For work not specially performed under the Subcontract, Buyer may terminate in whole or in part the Subcontract for its convenience by giving written notice to Seller and Buyer’s only obligation to Seller shall be payment of mutually agreed upon restocking or service charges. For work specially performed for Buyer, Buyer may terminate in whole or in part the Subcontract for its convenience by giving written notice to Seller. Seller shall be entitled to its costs already incurred in the performance of the work canceled, plus (unless Seller would have sustained a loss on the entire Subcontract had it been completed) a reasonable profit on such costs (unless Seller would have sustained a loss on the entire Subcontract had it been completed), which together may not exceed the contract price or not-to-exceed amount for the work canceled. Buyer is not liable for work performed or costs incurred by Seller after notice of termination, which reasonably could have been avoided. In no event shall Buyer be liable for lost or anticipated profits, or unabsorbed indirect costs or overhead, or for any sum in excess or the total Subcontract price or not-to-exceed amount. Seller’s termination claim shall be submitted within ninety (90) calendar days from the effective date of the written notice of termination. Seller shall continue all work not terminated. The amount of any payments made by Buyer to Seller under this clause shall be determined in conformity with the policies and principles set forth in Part 49 and related sections of Part 31 of the FAR in effect at the date of this Subcontract, unless inconsistent with the express terms of this Subcontract.

TERMINATION/CANCELLATION. Termination for Cause - Performance of work under the Subcontract may be terminated by Buyer, in whole or in part, if, within ten days of Buyer’s notice to Seller, Seller fails to: (1) cure any material failure to perform, discharge or fulfill its obligations under the Subcontract including, but not limited to failure to observe or comply with any of the other instructions, terms, conditions, or warranties applicable to the Subcontract, (2) fails to make progress so as to endanger performance of the Subcontract, or (3) fails to provide adequate assurance of future performance. Additionally, Buyer may terminate the Subcontract immediately if Seller fails to deliver according to the Schedule or violates any Federal, state, local, or law pertaining to performance of the Subcontract. Default involving delivery schedule delays shall not be subject to cure provisions. Buyer shall not be liable for any work not accepted prior to termination. Buyer may require Seller to deliver to Buyer any supplies and materials, manufacturing materials, and manufacturing drawings Seller has specifically produced or acquired for the terminated portion of the Subcontract. Seller shall continue all work not terminated. Without Cause - For work not specially performed under the Subcontract, Buyer may terminate in whole or in part the Subcontract for its convenience by giving written notice to Seller and Buyer’s only obligation to Seller shall be payment of mutually agreed upon restocking or service charges. For work specially performed for Buyer, Buyer may terminate in whole or in part the Subcontract for its convenience by giving written notice to Seller. Seller shall be entitled to its costs already incurred in a percentage of the performance price of this Subcontract reflecting the percentage of the work canceledperformed prior to the notice of termination, plus (unless reasonable charges the Seller would can demonstrate to the satisfaction of the Buyer using its standard record keeping system, have sustained a loss on resulted from the entire Subcontract had it been completed) a reasonable profit on such costs (unless Seller would have sustained a loss on the entire Subcontract had it been completed), which together may not exceed the contract price or not-to-exceed amount for the work canceled. termination Buyer is not liable for work performed or costs incurred by Seller after notice of termination, which reasonably could have been avoided. In no event shall Buyer be liable for lost or anticipated profits, or unabsorbed indirect costs or overhead, or for any sum in excess or the total Subcontract price or not-to-exceed amount. Seller’s termination claim shall be submitted within ninety (90) calendar days from the effective date of the written notice of termination. Seller shall continue all work not terminated. The amount of any payments made by Buyer to Seller under this clause shall be determined in conformity with the policies and principles set forth in Part 49 and related sections of Part 31 of the FAR in effect at the date of this Subcontract, unless inconsistent with the express terms of this Subcontract.

TERMINATION/CANCELLATION. Termination for Cause - Performance of work under the Subcontract may be terminated by Buyer, in whole or in part, if, within ten days of Buyer’s notice to Seller, Seller fails to: : (1) cure any material failure to perform, discharge or fulfill its obligations under the Subcontract including, but not limited to failure to observe or comply with any of the other instructions, terms, conditions, or warranties applicable to the Subcontract, (2) fails to make progress so as to endanger performance of the Subcontract, or (3) fails to provide adequate assurance of future performance. Additionally, Buyer may terminate the Subcontract immediately if Seller fails to deliver according to the Schedule or violates any Federal, state, local, or law pertaining to performance of the Subcontract. Default involving delivery schedule delays shall not be subject to cure provisions. Buyer shall not be liable for any work not accepted prior to termination. Buyer may require Seller to deliver to Buyer any supplies and materials, manufacturing materials, and manufacturing drawings Seller has specifically produced or acquired for the terminated portion of the Subcontract. Seller shall continue all work not terminated. Without Cause - For work not specially performed under the Subcontract, Buyer may terminate in whole or in part the Subcontract for its convenience by giving written notice to Seller and Buyer’s only obligation to Seller shall be payment of mutually agreed upon restocking or service charges. For work specially performed for Buyer, Buyer may terminate in whole or in part the Subcontract for its convenience by giving written notice to Seller. Seller shall be entitled to its costs already incurred in the performance of the work canceled, plus (unless Seller would have sustained a loss on the entire Subcontract had it been completed) a reasonable profit on such costs (unless Seller would have sustained a loss on the entire Subcontract had it been completed), which together may not exceed the contract price or not-to-exceed amount for the work canceled. Buyer is not liable for work performed or costs incurred by Seller after notice of termination, which reasonably could have been avoided. In no event shall Buyer be liable for lost or anticipated profits, or unabsorbed indirect costs or overhead, or for any sum in excess or of the total Subcontract price or not-to-to- exceed amount. Seller’s termination claim shall be submitted within ninety (90) calendar days from the effective date of the written notice of termination. Seller shall continue all work not terminated. The amount of any payments made by Buyer to Seller under this clause shall be determined in conformity with the policies and principles set forth in Part 49 and related sections of Part 31 of the FAR in effect at the date of this Subcontract, unless inconsistent with the express terms of this Subcontract.

TERMINATION/CANCELLATION. Termination for Cause - Performance of work under the Subcontract may be terminated by Buyer, in whole or in part, if, within ten days of Buyer’s notice to Seller, Seller fails to: : (1) cure any material failure to perform, discharge or fulfill its obligations under the Subcontract including, but not limited to failure to observe or comply with any of the other instructions, terms, conditions, or warranties applicable to the Subcontract, (2) fails to make progress so as to endanger performance of the Subcontract, or (3) fails to provide adequate assurance of future performance. Additionally, Buyer may terminate the Subcontract immediately if Seller fails to deliver according to the Schedule or violates any Federal, state, local, or law pertaining to performance of the Subcontract. Default involving delivery schedule delays shall not be subject to cure provisions. Buyer shall not be liable for any work not accepted prior to termination. Buyer may require Seller to deliver to Buyer any supplies and materials, manufacturing materials, and manufacturing drawings Seller has specifically produced or acquired for the terminated portion of the Subcontract. Seller shall continue all work not terminated. Without Cause - For work not specially performed under the Subcontract, Buyer may terminate in whole or in part the Subcontract for its convenience by giving written notice to Seller and Buyer’s only obligation to Seller shall be payment of mutually agreed upon restocking or service charges. For work specially performed for Buyer, Buyer may terminate in whole or in part the Subcontract for its convenience by giving written notice to Seller. Seller shall be entitled to its costs already incurred in a percentage of the performance price of this Subcontract reflecting the percentage of the work canceledperformed prior to the notice of termination, plus (unless reasonable charges the Seller would can demonstrate to the satisfaction of the Buyer using its standard record keeping system, have sustained a loss on resulted from the entire Subcontract had it been completed) a reasonable profit on such costs (unless Seller would have sustained a loss on the entire Subcontract had it been completed), which together may not exceed the contract price or not-to-exceed amount for the work canceled. termination Buyer is not liable for work performed or costs incurred by Seller after notice of termination, which reasonably could have been avoided. In no event shall Buyer be liable for lost or anticipated profits, or unabsorbed indirect costs or overhead, or for any sum in excess or the total Subcontract price or not-to-exceed amount. Seller’s termination claim shall be submitted within ninety (90) calendar days from the effective date of the written notice of termination. Seller shall continue all work not terminated. The amount of any payments made by Buyer to Seller under this clause shall be determined in conformity with the policies and principles set forth in Part 49 and related sections of Part 31 of the FAR in effect at the date of this Subcontract, unless inconsistent with the express terms of this Subcontract.

TERMINATION/CANCELLATION. Termination for Cause - Performance of work under the Subcontract may be terminated by Buyer▇▇▇▇▇, in whole or in part, if, within ten days of Buyer’s notice to Seller, Seller fails to: (1) cure any material failure to perform, discharge or fulfill its obligations under the Subcontract including, but not limited to failure to observe or comply with any of the other instructions, terms, conditions, or warranties applicable to the Subcontract, (2) fails to make progress so as to endanger performance of the Subcontract, or (3) fails to provide adequate assurance of future performance. Additionally, Buyer may terminate the Subcontract immediately if Seller fails to deliver according to the Schedule or violates any Federal, state, local, or law pertaining to performance of the Subcontract. Default involving delivery schedule delays shall not be subject to cure provisions. Buyer shall not be liable for any work not accepted prior to termination. Buyer may require Seller to deliver to Buyer any supplies and materials, manufacturing materials, and manufacturing drawings Seller has specifically produced or acquired for the terminated portion of the Subcontract. Seller shall continue all work not terminated. Without Cause - For work not specially performed under the Subcontract, Buyer may terminate in whole or in part the Subcontract for its convenience by giving written notice to Seller and Buyer’s only obligation to Seller shall be payment of mutually agreed upon restocking or service charges. For work specially performed for Buyer, Buyer may terminate in whole or in part the Subcontract for its convenience by giving written notice to Seller. Seller shall be entitled to its costs already incurred in a percentage of the performance price of this Subcontract reflecting the percentage of the work canceledperformed prior to the notice of termination, plus (unless reasonable charges the Seller would can demonstrate to the satisfaction of the Buyer using its standard record keeping system, have sustained a loss on resulted from the entire Subcontract had it been completed) a reasonable profit on such costs (unless Seller would have sustained a loss on the entire Subcontract had it been completed), which together may not exceed the contract price or not-to-exceed amount for the work canceled. termination Buyer is not liable for work performed or costs incurred by Seller after notice of termination, which reasonably could have been avoided. In no event shall Buyer be liable for lost or anticipated profits, or unabsorbed indirect costs or overhead, or for any sum in excess or the total Subcontract price or not-to-exceed amount. Seller’s termination claim shall be submitted within ninety (90) calendar days from the effective date of the written notice of termination. Seller shall continue all work not terminated. The amount of any payments made by Buyer to Seller under this clause shall be determined in conformity with the policies and principles set forth in Part 49 and related sections of Part 31 of the FAR in effect at the date of this Subcontract, unless inconsistent with the express terms of this Subcontract.