Common use of Termination of Agreement; Default Clause in Contracts

Termination of Agreement; Default. A. This Agreement and all obligations hereunder may be terminated at any time, without cause, by the City upon 60-days’ written notice to organization, or with cause, by the City upon 15 days’ written notice to organization. B. If organization fails to perform any of its obligations under this Agreement within the time and in the manner herein provided or otherwise violate any of the terms of this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice. In such event, organization shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred hereunder, an amount which bears the same ratio to the total fees specified in the Agreement as the services satisfactorily rendered hereunder by organization bear to the total services otherwise required to be performed for such total fee; provided, however, that the City shall deduct from such amount the amount of damages, if any, sustained by City by virtue of the breach of the Agreement by organization. ▇. ▇▇ the event this Agreement is terminated by City without cause, organization shall be entitled to any compensation owing to it hereunder up to the time of such termination, it being understood that any payments are full compensation for services rendered prior to the time of payment. D. Upon termination of this Agreement with or without cause, organization shall turn over to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by organization or its subcontractors, if any, or given to organization or its subcontractors, if any, in connection with this Agreement. Such materials shall become the permanent property of the City. Organization, however, shall not be liable for the City's use of incomplete materials nor for the City's use of complete documents if used for other than the project contemplated by this Agreement.

Termination of Agreement; Default. A. This Agreement and all obligations hereunder may be terminated at any time, without cause, by the City upon 60-days’ written notice to organization, or with cause, by the City upon 15 days’ written notice to organization. B. If organization fails to perform any of its obligations under this Agreement within the time and in the manner herein provided or otherwise violate any of the terms of this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice. In such event, organization shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred hereunder, an amount which bears the same ratio to the total fees specified in the Agreement as the services satisfactorily rendered hereunder by organization bear to the total services otherwise required to be performed for such total fee; provided, however, that the City shall deduct from such amount the amount of damages, if any, sustained by City by virtue of the breach of the Agreement by organization. ▇. ▇▇ C. In the event this Agreement is terminated by City without cause, organization shall be entitled to any compensation owing to it hereunder up to the time of such termination, it being understood that any payments are full compensation for services rendered prior to the time of payment. D. Upon termination of this Agreement with or without cause, organization shall turn over to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by organization or its subcontractors, if any, or given to organization or its subcontractors, if any, in connection with this Agreement. Such materials shall become the permanent property of the City. Organization, however, shall not be liable for the City's use of incomplete materials nor for the City's use of complete documents if used for other than the project contemplated by this Agreement.