Termination
Applicability — All Contracts over $10,000.
l. Termination for Convenience (General Provision) the recipient may terminate this
contract, in whole or in part, at any time by written notice to contractor when it is in the
recipient's best interest. Contractor shall be paid its costs, including contract close-out
costs, and profit on work performed up to the time of termination. Contractor shall
promptly submit its termination claim to the recipient. If contractor is in possession of any
of the recipient’s property, contractor shall account for same, and dispose of it as the
recipient directs.
2. Termination for Default [Breach or Cause] (General Provision) If contractor does
not deliver items in accordance with the contract delivery schedule, or, if the contract is for
services, and contractor fails to perform in the manner called for in the contract, or if
contractor fails to comply with any other provisions of the contract, the recipient may
terminate this contract for default. Termination shall be effected by serving a notice of
termination to contractor setting forth the manner in which contractor is in default.
Contractor shall only be paid the contract price for supplies delivered and accepted, or for
services performed in accordance with the manner of performance set forth in the contract.
If it is later determined by the recipient that contractor had an excusable reason for not
performing, such as a strike, fire, or flood, events which are not the fault of or are beyond
the control of contractor, the recipient, after setting up a new delivery or performance
schedule, may allow contractor to continue work, or treat the termination as a termination
for convenience.
3, Opportunity to Cure (General Provision) the recipient in its sole discretion may, in
the case of a termination for breach or default, allow the contractor 10 days in which to
cure the defect. In such case, the notice of termination shall state the time period in which
cure is permitted and other appropriate conditions. If contractor fails to remedy to the
recipient's satisfaction the breach or default or any of the terms, covenants, or conditions of
this Contract within ten (10) days after receipt by contractor or written notice from the
recipient setting forth the nature of said breach or default, the recipient shall have the right
to terminate the Contract without any further obligation to contractor. Any such
termination for default shall not in any way operate to preclude the recipient from also
pursuing all available remedies against contractor and its sureties for said breach or default.
4, Waiver of Remedies for any Breach In the event that the recipient elects to waive
its remedies for any breach by contractor of any covenant, term or condition of this
Contract, such waiver by the recipient shall not limit its remedies for any succeeding
breach of that or of any other term, covenant, or condition of this Contract.
5. Termination for Convenience (Professional or Transit Service Contracts) the
recipient, by written notice, may terminate this contract, in whole or in part, when it is in
the recipient's interest. If the contract is terminated, the recipient shall be liable only for
payment under the payment provisions of this contract for services rendered before the
effective date of termination.
