Skip to main content

Main navigation

  • Documents
  • Search

User account menu

  • Log in
Home
Nashua City Data

Breadcrumb

  1. Home
  2. Finance Committee - Agenda - 1/17/2018 - P16

Finance Committee - Agenda - 1/17/2018 - P16

By dnadmin on Mon, 11/07/2022 - 11:48
Document Date
Wed, 01/17/2018 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 01/17/2018 - 00:00
Page Number
16
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__011720…

TERMINATION OF CONTRACT

TERMINATION, ABANDONMENT, OR SUSPENSION AT WILL. [In accordance with 24 CFR 85.44, the City,
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 City chooses to terminate, abandon, or suspend all or part of the
project, it shall provide Contractor 10 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, Contractor 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 portion of work under the contract that is not
terminated.

3. Immediately make every reasonable effort to obtain cancellation upon terms satisfactory to
the City of all orders or subcontracts to the extent they relate to the performance of work
terminated, abandoned, or suspended under the notice, assign to the City any orders or
subcontracts specified in the notice, and revoke agreements specified in the notice.

4. Not resume work after the effective date of a notice of suspension until receipt of a written
notice from the City to resume performance.

In the event of a termination, abandonment, or suspension at will, 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 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.

. TERMINATION FOR CAUSE. This agreement may be terminated by the City on 10 calendar day’s
written notice to Contractor in the event of a failure by Contractor to adhere to all the terms and
conditions of the contract or for failure to satisfactorily, in the sole opinion of the City, pursue the
project or to complete work in a timely and professional manner. Contractor shall be given an
‘opportunity for consultation with the City prior to the effective date of the termination. Contractor
may terminate the contract on 10 calendar days written notice if, through no fault of Contractor,
the City fails to pay Contractor for 45 days after the date of approval of any submitted invoice
forms and progress reports.

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. Place no further orders or subcontracts 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.

3. Immediately make every reasonable effort to obtain cancellation upon terms satisfactory to
the City of all orders or subcontracts to the extent they relate to the performance of work
terminated, abandoned, or suspended under the notice, assign to the City any orders or
subcontracts specified in the notice, and revoke agreements specified in the notice.

4. Not resume work after the effective date of a notice of suspension until receipt of a written
notice from the City to resume performance.

In the event of a termination for cause, Contractor shall receive ail 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

GC - 4 of 14

Page Image
Finance Committee - Agenda - 1/17/2018 - P16

Footer menu

  • Contact