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IACCM Contract Management Forum

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Anonymous
2019-06-30 13:00:40

Termination of Convenience

Please suggest the clause for Termination of convenience.
 
 •  IACCM  •   2019-06-30 23:59:40
I think people are going to need a bit more information about the situation to be able to give you help with that question.
 
 
 •  Neptune Marine Service Ltd  •   2019-07-03 00:38:02
Yup, will need more info before commenting on the clause.

Key items to consider:-
- Both parties will have this right.
- Notice period.
- Amount payable [fixed termination fees or actual documented cost].
- Etc.

Regards,
Gaurav Seth
 
 
 •  Regina Airport Authority Inc.  •   2019-07-03 17:41:39
b. "Client" may terminate this Agreement for its convenience at any time upon providing 180 days written notice to the "Supplier". In such case, the "Supplier" shall be entitled to receive full compensation for all the services performed hereunder payment for all Work performed prior to the date of termination. Payment of such compensation is the sole and exclusive remedy of "Supplier" for termination of this Agreement by the "Client" hereunder and "Supplier" shall not be entitled to, and hereby waives, claims for lost profits and all other damages and expenses.
 
 
 •  AL Faris International Co. for General Contracting  •   2019-07-10 07:45:16
We use below clause in our contracts:

"XXX may at any time and at its sole convenience, terminate this Contract, or any part of the WORK, by giving written notice to CONTRACTOR specifying the extent and the effective date of the termination ("Termination Date"). Should XXX terminate the Contract or any part of the WORK in accordance with clause x.x, CONTRACTOR shall immediately stop performance of the WORK, unless otherwise directed by XXX, and demobilize within XXX (XX) consecutive days. XXX shall pay CONTRACTOR all amounts properly due and payable for terminated WORK up to the Termination Date."
 
 
 •  GSPC Group  •   2019-07-27 17:06:43
We use following clause for EPC Contracts of NG Pipeline Projects:

1. Termination for Owner's Convenience:

1.1. The Owner may at any time terminate the Contract either in whole or in part for any reason whatsoever by giving the Contractor a notice of termination specifying the extent to which performance of Work under the Contract is terminated and the date upon which such termination becomes effective. (Note: You can specify the period of Notice as per Contract Requirements)

1.2 Upon receipt of the notice of termination, the Contractor shall either immediately or upon the date specified in the notice of termination
a) cease all further work, except for such work as the Owner may specify in the notice of termination for the sole purpose of protecting that part of the Facilities already executed, or any work required to leave the Site in a clean and safe condition
b) Terminate all sub-contracts, except those to be assigned to the Owner pursuant to paragraph (d) (ii) below
c) Remove all Contractor's Equipment from the Site, repatriate the Contractor's and its Subcontractors' personnel from the Site, remove from the Site any wreckage, rubbish and debris of any kind, and leave the whole of the Site in a clean and safe condition
d) In addition, the Contractor as a condition of receiving the Payment specified in Sub-Clause 1.3, shall
i) Deliver to the Owner the parts of the Facilities executed by the Contractor up to the date of termination
ii) To the extent required by the Owner, execute all papers and take all other steps to the extent legally possible, which may be required to vest in Owner all rights, set-offs, benefits, title and interest of the Contractor to the Facilities and to the Plant and Equipment as of the date of termination to become the property of Owner and in and to subcontracts, purchase orders and other commitments entered into by Contractor for the benefit of the Project.
iii) Deliver to the Owner all non-proprietary drawings, specifications and other documents prepared by the Contractor or its Subcontractors as at the date of termination in connection with the Facilities and the Contract.

1.3 In the event of termination of the Contract under Sub-Clause 1.1, the Owner shall pay to the Contractor the following amounts:

a) The part of Contract Price, properly attributable to the parts of the Facilities executed by the Contractor as of the date of termination
b) The costs reasonably incurred by the Contractor in the removal of the Contractor's Equipment from the Site and in the repatriation of the Contractor's and its Subcontractors' personnel;
c) Any amounts to be paid by the Contractor to its Subcontractors in connection with the termination of any subcontracts, provided that Contract with the Sub-contractors was approved by the Owner prior to the appointment of the Sub-contractors;
d) Costs incurred by the Contractor in protecting the Facilities and leaving the Site in a clean and safe condition pursuant to paragraph (a) of Sub-Clause 1.2.
 
 
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