Orange County NC Website
13.2 Termination: <br />13.2.1 Termination for. Convenience: Client may terminate all or part <br />of. this Agreement for its convenience. In such event, Subconsultant <br />will be entitled to compensation for services competently performed up <br />to the date of termination and reasonable termination expenses as <br />determined in the discretion of Client. Subconsultant will not be <br />entitled to compensation for profit on services not performed. <br />13.2.2 Termination for Default: <br />(1) Client may, by written notice to the Subconsultant, terminate the <br />whole or any part of the Agreement for default in the event that <br />Subconsultant fails to perform any of the provisions of this <br />Agreement, or fails to make progress so as to endanger <br />performance of the Agreement in accordance with its terms, or, in <br />the opinion of Client, becomes .financially or legally incapable of <br />completing the work and does not correct such to Client's <br />reasonable satisfaction within a period of 24 hours after receipt of <br />notice from Client specifying such failure. <br />(2) In the event of termination for default, Subconsultant will be <br />entitled to payment for work satisfactorily completed, but not until <br />completion of the project and the assessment of all costs <br />associated with its completion. If deemed necessary by the Client, <br />the Client may acquire similar services by subcontract, complete <br />the work itself, or satisfy the task requirement in any other manner <br />deemed appropriate. The Client may take possession of all <br />equipment, materials and supplies at the work site or in storage for <br />the work. Subconsultant will be liable for all expenses incurred by <br />the Client in completing the work that was' to have been done by <br />the Subconsultant, as well as any expenses and damages <br />associated with the work in accordance with. this Agreement <br />(3) If, after notice of termination for default, it is determined for any <br />reason that Subconsultant was not in default or that the default <br />was excusable, the rights and obligations of the parties will be the <br />same as if the notice of termination had been issued pursuant to <br />termination for convenience. <br />(4) Regardless of the cause of termination, the Subconsultant shall <br />make an orderly turn over of the terminated work to the Client and <br />provide legible copies of all completed or partially completed work <br />products and instruments of service including, but not limited to, <br />laboratory, field, or other notes, log book pages, inspection <br />reports, technical data, computations, and designs. <br />(5) The rights and remedies of Client provided in .this Article are not <br />exclusive and are in addition to any other rights and remedies <br />provided by law or equity or under this Agreement. <br />Page 9 of 11 <br />