4. Not resume work after the effective date of a notice of suspension until receipt of
a written notice from the City of Nashua to resume performance.
In the event of a termination, abandonment, or suspension at will, DesignLAB shall receive
all amounts due and not previously paid to DesignLAB for work satisfactorily completed
in accordance with the contract prior to the date of the notice and compensation for work
thereafter completed as specified in the notice. No amount shall be allowed or paid for
anticipated profit on unperformed services or other unperformed work.
B. TERMINATION FOR CAUSE This agreement may be terminated by the City of Nashua on
10 calendar day’s written notice to DesignLAB in the event of a failure by DesignLAB to
adhere to any or all the terms and conditions of the contract or for failure to satisfactorily,
in the sole opinion of the City of Nashua, to complete or make sufficient progress on the
work in a timely and professional manner. DesignLAB shall be given an opportunity for
consultation with the City of Nashua prior to the effective date of the termination.
DesignLAB may terminate the contract on 10 calendar days written notice if, through no
fault of DesignLAB, the City of Nashua fails to pay DesignLAB for 45 days after the date
of approval by the City of Nashua of any Application for Payment.
Upon receipt of notice of termination for cause, DesignLAB shall:
1. Immediately discontinue work on the date and to the extent specified in the notice.
2. Provide the City of Nashua with a list of all unperformed services.
3. Place no further orders or sub-contracts for materials, services, or facilities, other
than as may be necessary or required for completion of such portion of work
under the contract that is not terminated.
4. Immediately make every reasonable effort to obtain cancellation upon terms
satisfactory to the City of Nashua of all orders or sub contracts to the extent they
relate to the performance of work terminated, abandoned, or suspended under the
notice, assign to the City of Nashua any orders or sub contracts specified in the
notice, and revoke agreements specified in the notice.
5. Not resume work after the effective date of a notice of termination unless and
until receipt of a written notice from the City of Nashua to resume performance.
In the event of a termination for cause, DesignLAB shall receive all amounts due and not
previously paid to DesignLAB for work satisfactorily completed in accordance with the
contract prior to the date of the notice, less all previous payments. No amount shall be
allowed or paid for anticipated profit on unperformed services or other unperformed work.
Any such payment may be adjusted to the extent of any additional costs occasioned to the
City of Nashua by reasons of DesignLAB's failure. DesignLAB shall not be relieved of
liability to the City of Nashua for damages sustained from the failure, and the City of
Nashua may withhold any payment to the DesignLAB until such time as the exact amount
of damages due to the City of Nashua is determined. All claims for payment by the
DesignLAB must be submitted to the City of Nashua within 30 days of the effective date
of the notice of termination.
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