(iii) Not to include in the Contractor`s other work any items that are reasonably usable without loss. The Contractor further acknowledges that it has been informed of any material change in the status of the Items between the dates of the Cancellation Lists and the date of this Agreement. For example, imagine that Company A signs a contract with Company B for the monthly delivery of small green widgets to Company A`s suppliers. Instead, Company B delivers big red widgets that are unusable for sellers. This measure would constitute a substantial breach of contract if it were provided for in the agreement. Company A could terminate its contract with Company B and claim damages in the event of non-compliance with the terms of its agreement. (b) Where the settlement agreement covers more than one contract, it shall not be due to amounts provided for in the contract. (1) It is known that the Contractor will accept one, (iii) The net statement of $____ in subsection (ii) of this section, together with the amounts previously paid, constitutes a full and complete payment of the amount due to the Contractor for the complete termination of the Contract and all other claims and liabilities of the Contractor and the Government under the Contract, with the exception of the provisions of paragraph b(7) of this Section. When a company terminates a contract, it often notifies the other party of a written notice by terminating the contract. Under the applicable terms of the Agreement, the Company may be required to provide additional documents or information related to the termination. (3) Apportion the total amount of the settlement among the various contracts on a reasonable basis, (e) Each take-back contract obliges the guarantor to enter into the contract and the government to pay the guarantor`s fees and expenses up to the remainder of the contract price not paid at the time of default, subject to the following conditions: (g) If, after complying with the procedures set out in points (a) to (f) of this Directive, the Contractor determines 49.402-3: that termination for delay is appropriate, the agent shall issue a notice of termination stating: The termination clauses for cost reimbursement contracts (see 49.503(a)) provide for the payment of fees and charges, if need be. Contractual clauses on costs determine which costs are to be credited.
(2) The Government undertakes to pay the contractor or its transferee on presentation of an invoice or a valid voucher ____ [Enter the net amount as the amount of the fees]. This amount, together with the amounts previously paid, constitutes the full payment and full payment of the amount due to the Contractor on the basis of his contractual fees. (a) If the contract contains clause 52.216-7, Eligible Costs and Payment, and it appears that the adjustment of indirect costs unreasonably delays the final settlement, the TCO may, after obtaining information from the competent testing organization, agree with the Contractor, (5) The Government agrees to pay the Contractor or its assignee upon presentation of an invoice or a valid voucher, ____ $ [Insert net settlement amount], previously paid to the Contractor and the amount of __ $ to the Contractor as partial, progressive or advance payments, constitutes a full and complete payment of the amount due to the Contractor for the portion of its settlement proposal based on the termination of the subcontracts listed above, unless otherwise specified in subsection (b) (6) of this section. (1) All subcontractor termination inventory shall be disposed of and accounted for in accordance with the procedures set out in clause 52.245-1, Government Property (j); and (ix) all rights and responsibilities of the parties under the Agreement with respect to options (excluding options to continue or increase work under the Agreement), non-compete obligations and indemnification obligations. Termination clauses for cause can be very specific or vague depending on the industry, normal performance history and type of contract. For example, if a project depends on the completion of a service on a specific date and a party does not run on that date, the party`s inaction may trigger termination based on that single violation. 49.401 General. a) Termination for default is generally the exercise of the government`s contractual right to terminate a contract in whole or in part due to the actual or anticipated non-compliance with the contractor`s contractual obligations. (b) whether the contractor can prove or is otherwise determined that the contractor was not in default or that the non-performance is excusable; that is, for reasons beyond the control and without fault or negligence of the Contractor, the default clauses prescribed in section 49.503 and located at 52,249 provide that a notice of default will be considered a termination for the convenience of the government and that the rights and obligations of the parties will be regulated accordingly. (c) The Government may, in appropriate cases, exercise rights of termination or termination in addition to those provided for in the contractual clauses (see (e.B. Paragraph (h) of the model clause of 52.249-8).
d) For non-termination of orders under federal supply annex contracts, see paragraph 8.4. (e) Notwithstanding the provisions of this 49.401, the Contractor may, with the written consent of the Contractor, reinstate the terminated Contract by amending the Notice of Termination after it has been determined in writing that the supplies or services are still necessary and that reinstatement is beneficial to the Government. 49,402 Termination of fixed-price contracts for default. 49.402-1 The Law of the Government. In the case of contracts containing the default clause under 52.249-8, the government has the right, subject to the notice periods of the clause, to terminate the contract in whole or in part due to a defect if the contractor does not provide (a) the deliveries or does not provide the services within the period specified in the contract, (b) to perform any other provision of the Contract, or (c) to progress and such failure jeopardizes the performance of the Contract. 49.402-2 Effect of termination due to delay. (a) In the event of termination for default, the Government will not be liable for the Contractor`s costs for the Undelivered Work and will be entitled to reimbursement of all advance payments and advance payments applicable to such Work. Under the default clause, the government may choose to require the contractor to transfer ownership and deliver completed manufacturing supplies and materials to the government as directed by the contract agent.
(b) The Contractor may not use the default clause as purchasing power for completed supplies or manufacturing materials unless it has been determined that the Government does not already own another provision of the Contract. The Contractor must acquire manufacturing materials under the default clause for supply to another Contractor only taking into account the difficulties that the other Contractor may have in the use of the Materials. (c) Subject to paragraph (d) of this section, the Government shall pay the Contractor the contract price for all completed deliveries and the amount agreed upon between the Contractor and the Contractor for all manufacturing materials purchased by the Government under the default clause. (d) The government must be protected from overpayments that may result from failing to provide for the potential liability of the government to workers and material suppliers for unpaid privileges on supplies or materials completed after the government has paid the contractor for them. To do this, the Customer must take one or more of the following steps before paying for the supplies or materials: (1) Verify whether the payment guarantees provided by the Contractor, if any, are sufficient to satisfy all claims for the privileges, or whether it is possible to obtain similar bonds to cover the outstanding privileges. (2) Require the Contractor to submit appropriate declarations from workers and suppliers of materials that exclude any lien on deliveries and materials. (3) Obtain appropriate consent from the Government, the Contractor and the Givers of Privileges to ensure the Government`s exemption from any liability to the Contractor or liens. 4. Retain from the amount due for supplies or materials an amount which the contracting entity deems necessary to protect the interests of the Government, but only if the measures referred to in paragraph d (1), (2) and (3) of this Section cannot be implemented or are considered insufficient. (5) Take other appropriate measures, taking into account the circumstances and the degree of solvency of the contractor. (e) The Contractor is liable to the Government for all excess costs incurred in the purchase of supplies and services similar to those terminated due to delay (see 49.402-6), as well as for any other damages, whether or not a redemption is made (see 49.402-7). 49.402-3 Failure procedure.
(a) Where a cessation of default is envisaged, the Government shall decide only after examination by contractual and technical staff and a lawyer to ensure the accuracy of the proposed measure. (b) The administrative officer may not, without the prior consent of the Government Procurement Bureau, issue a notification or notification of healing which should be obtained by the fastest possible means. .