CITY OF NASHUA
PROFESSIONAL SERVICES
GENERAL TERMS AND CONDITIONS
EXHIBIT C
8. TERMINATION OF CONTRACT
A. TERMINATION, ABANDONMENT, OR SUSPENSION AT WILL. The OWNER, in its sole
discretion, shall have the right to terminate, abandon, or suspend all.or part of the project and contract at
will. If the OWNER chooses to terminate, abandon, or suspend all or part of the project, it shall provide
ENGINEER 7 day’s written notice of its intent to do so.
If all or part of the project is suspended for more than 90 days, the suspension shall be treated as a
termination at will of all or part of the project and contract.
Upon receipt of notice of termination, abandonment, or suspension at will, ENGINEER shall:
1. Immediately discontinue work on the date and to the extent specified in the notice.
2. Place no further orders or subcontracts for materials, “services, or facilities, other than as
may be necessary or required for completion of: such pergon of work under the contract
that is not terminated.
3. Immediately make every reasonable effort to obtain cancellation upon terms satisfactory
to the OWNER of all orders or subcontracts to thé extent they relate to the performance of
work terminated, abandoned, or suspended under the notice, assign to the OWNER any
orders or subcontracts specified i in _ the notice, te revoke agreements specified in the
notice. €
4. Not resume work after the effective date ofa notice of suspension until receipt of a
written notice from the OWNER to resume performance.
In the event of a termination, abandonment, ‘or suspension at will, ENGINEER shall receive all amounts
due and not previously paid to ENGINEER’ for work satisfactorily completed in accordance with the
contract prior to the date of the notice and compensation for work thereafter completed as specified i in the
notice. No amount shall, be allowed or pad for anticipated profit on unperformed services or other
unperformed work.
In order that the ENGINEER shall receive payment under termination notice of any part of the work, all
plans, drawings, tracings, field. notes, estimates, specifications, proposals, sketches, diagrams, and
calculations, together with all other materials and data collected or prepared in connection with the
PROJECT shall be transmitted to the OWNER in a form acceptable to the OWNER and DIVISION.
B. TERMINATION FOR CAUSE. This agreement may be terminated by the OWNER on 7
day’s written notice to ENGINEER in the event of a failure by ENGINEER to adhere to all the terms and
conditions of the contract or for failure to satisfactorily, in the sole opinion of the OWNER, pursue the
project or to complete work in a timely and professional manner. ENGINEER shall be given an
opportunity | for cousultalion with the OWNER prior to the effective date of the termination. Professional
Upon receipt of notice of termination for cause, ENGINEER 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.
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