Service Order may (itself or through another contractor) complete the
performance of the Services under a Service Order that were not completed
by Contractor prior to termination, and Contractor shall pay to Company all
costs reasonably incurred in completing the Services and all other costs
necessitated by the termination, including all of the costs listed below:
(1) Any additional mobilizing and demobilizing costs incurred by other
contractors or by Company.
(2) Excess costs incurred in obtaining performance of the remaining
Services by other contractors or by Company.
(3) Any damages or penalties incurred by Company resulting from delay
in completing the Services.
(C) Non-Exclusive Remedies. The remedies set out in Section 3.2(B) are not
exclusive, and Company reserves all other rights and remedies available
under this Contract, at law or in equity. Company’s termination of this
Contract does not constitute a waiver or election of any rights or remedies
that Company may have against Contractor.
(D) Contractor’s Entitlement Following Termination for Cause. If Company
terminates a Service Order under Section 3.2, Company shall pay Contractor
for that portion of the Services which Company, in its sole judgment,
determines were satisfactorily performed prior to termination.
3.3 Termination of a Service Order for Force Majeure.
(A) Force Majeure. If Contractor is unable to perform any portion of the
Services under a Service Order as a result of a Force Majeure Event and
Contractor notifies the Company named as “Company” in a Service Order in
accordance with Section 17.2, the Service Order may be terminated by giving
notice to Contractor if Company, in its sole judgment, determines that the
Force Majeure Event is of sufficient duration to substantially diminish
Company’s benefit from the Service Order. Termination is effective on the
date specified in the notice, provided that if no date is specified, termination
is effective when Company’s notice is received by Contractor.
(B) Contractor’s Remedy. If termination occurs under Section 3.3, Company
shall pay Contractor for that portion of the Services which Company, in its
sole judgment, determines were satisfactorily performed prior to termination.
3.4 Termination of this Contract or a Service Order without Cause.
(A) Right to Terminate. Company (the Party that is the signatory of this
Contract) may terminate this Contract and the Company named as
“Company” in a Service Order may terminate all or part of that Service Order
at any time by giving Contractor not less than thirty days’ notice of
termination. Termination under this Section is effective on the date and to the
extent specified in the notice (or if no date is specified, on the thirtieth day
following Contractor’s receipt of the notice). Upon receipt of such notice,
Contractor shall discontinue performance to the extent specified in the notice
and take all commercially reasonable measures to mitigate the costs of
termination.