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  2. Finance Committee - Agenda - 11/15/2017 - P247

Finance Committee - Agenda - 11/15/2017 - P247

By dnadmin on Mon, 11/07/2022 - 10:19
Document Date
Wed, 11/15/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 11/15/2017 - 00:00
Page Number
247
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__111520…

C-2.4

Upon receipt of notice of termination for cause, Contractor shall:

1. Immediately discontinue work on the date and to the extent specified in the notice.
2. Provide the Owner 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 Owner 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 Owner 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 Owner to resume performance.

In the event of a termination for cause, Contractor shall receive all amounts due and not
previously paid to Contractor 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 Owner by reasons of
Contractor's failure. Contractor shall not be relieved of liability to the Owner for damages
sustained from the failure, and the Owner may withhold any payment to the Contractor until such
time as the exact amount of damages due to the Owner is determined. All claims for payment by
the Contractor must be submitted to the Owner within 30 days of the effective date of the notice
of termination.

If after termination for the failure of Contractor to adhere to any of the terms and conditions of
the contract or for failure to satisfactorily, in the sole opinion of the Owner, to complete or make
sufficient progress on the work in a timely and professional manner, it is determined that
Contractor had not so failed, the termination shall be deemed to have been a termination at will.
In that event, the Owner shall, if necessary, make an adjustment in the compensation paid to
Contractor such that Contractor receives total compensation in the same amount as it would have
received in the event of a termination-at-will.

22.03 General Provisions for Termination
Upon termination of the contract, the Owner may take over the work and prosecute it to
completion by agreement with another party or otherwise. In the event Contractor shall cease

conducting business, the Owner shall have the right to solicit applications for employment from
any employee of the Contractor assigned to the performance of the contract.

13089A

Page Image
Finance Committee - Agenda - 11/15/2017 - P247

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