Agenda - 12-02-1985 - Laserfiche WebLink

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045 If the terinination is for the convenience of the Client, the Consultant shall be paid its Contract close-out costs, and a fee, if the Contract provided far a payment of a fee, in proportion to the work performed up to the time of termination. If the termination is for default, the Client mayl fix the fee, if the Contract provides for a fee, to be paid the Consultant in proportion to the value, if any, of work performed up ' to the time of termination. If, after serving a notice of termination for default, the Client determines that the Consultant has an excusable reason for not perform- ing, such as a strike, fire, flood, events which are not the fault of and are beyond the control of the Consultant, the Client, after setting up a new w' ork schedule, may allow the Consultant to continue work, or treat the te' rmination as a termination of convenience. 1 1 B. If, through any cause, the Consultant shall fail to fulfill, in a time.e. ly and proper manner, his obligations under this Contract, or if the Consultant 1 shall violate any of the covenants, agreements, representa- tions or stipulations of this Contract, the Client shall thereupon have • the right 'to terminate this Contract by giving written notice to the Consultant of such termination and specifying the effective date there- . of, at least fifteen (15) days before the effective date of such termi- nation. hi such event, all unfinished documents and other materials collected ar prodiked under this Contract shall, at the option of the Client, beCome its property, and the Consultant shall be entitled to receive jusit and equitable compensation for any satisfactory work com- pleted on Such documents or materials. Notwithstanding the foregoing, the Client may withhold any payments to the Consultant for the purpose of setoff fpr damages caused by the Consultant's breach, until such time as the exact amount of damages to the Client by the Consultant is determinedl. C. The Client may terminate this Contract at any time by giving written notice to the Consultant of such termination and specifying the effec- tive date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished or unfinished docu- , ments and other materials produced or collected under this Contract • shall, at the option of the Client, become its property. If this Contract is terminated by the Client as provided in this paragraph, the Consultant will be paid either: 1. an amount which bears the same ratio to the total compensation to be paid to the Consultant under this Contract as the services • actually performed prior to the termination of this Contract bear to the total services to be performed by the Consultant under this Contract, less payments of compensation previously made; provided, however, that if less than sixty percent (60%) of the 1 services covered by this Contract have been performed • by the •