# COMAR Title 21 — State Procurement Regulations

## Subtitle 07 — Contract Terms and Conditions

### Chapter 01 — Mandatory Contract Provisions — All Contracts (except as provided under COMAR 21.05.07, 21.07.02, and 21.07.03)

#### Regulation .12 Termination for Convenience.

*COMAR 21.07.01.12*

A. Except as provided in §B of this regulation, mandatory provision for all contracts. One of the following clauses is preferred:

  (1) Alternate Clause — Termination for Convenience (short form).

  (2) Alternate Clause — Termination for Convenience (long form).

B. Leases of Real Property.

  (1) Inclusion of a termination for convenience clause in a real property lease is discretionary with the Board of Public Works, upon recommendation of the Secretary of General Services.

  (2) In recommending the exclusion of a termination for convenience clause in a real property lease, the Secretary shall consider such factors as:

    (a) The practicality of including the termination for convenience clause in a lease of real property located in another state or overseas when the demand for property of a particular type or in some particular geographic location is extremely intense, or when the contents of a lease are established by a foreign government and are effectively non-negotiable, or both;

    (b) The perception of some landlords that the termination for convenience clause permits the State to unilaterally convert a fixed term lease to a day-to-day lease; or

    (c) The prospects that some lending institutions may reject loan requests from landlords owning property that the State might wish to lease but that must be first upgraded at the owner's expense to meet State User Agency Requirements.