FAR 52.241-10 — Termination Liability

Contract clause · dated Feb 1995 · prescribed in FAR 41.501(d)(4) · current through FAC 2026-01

In plain English

FAR 52.241-10, Termination Liability, is a contract clause prescribed at FAR 41.501(d)(4), most recently dated Feb 1995. The complete official text is reproduced below, verbatim, from GSA's published FAR source files.

Its text contains no sentence requiring insertion into subcontracts; see the flowdown section below for what that does and does not mean.

Does it flow down to subcontracts?

No flowdown mandate found in the clause text

We scanned the full clause text and found no sentence directing the contractor to insert this clause into subcontracts. That is a statement about the text, not legal advice: a prime contractor may still flow terms down contractually, an agency supplement (DFARS, VAAR, …) may add requirements, and clauses listed below (if any) may order this clause into subcontracts from the outside.

Where it's prescribed

As prescribed in 41.501(d)(4), insert a clause substantially the same as the following:

Prescribing reference: FAR 41.501(d)(4).

The official text, verbatim

FAR 52.241-10 · Feb 1995 current through FAC 2026-01 acquisition.gov eCFR (48 CFR)

As prescribed in 41.501(d)(4), insert a clause substantially the same as the following:

Termination Liability (Feb 1995)

  • (a) If the Government discontinues utility service under this contract before completion of the facilities cost recovery period specified in paragraph (b) of this clause, in consideration of the Contractor furnishing and installing at its expense, the new facility described herein, the Government shall pay termination charges, calculated as set forth in this clause.

  • (b) Facility cost recovery period. The period of time, not exceeding the term of this contract, during which the net cost of the new facility shall be recovered by the Contractor is ______ months.[Insert negotiated duration.]

  • (c) Net facility cost. The cost of the new facility, less the agreed upon salvage value of such facility, is $_______. [Insert appropriate dollar amount.]

  • (d) Monthly facility cost recovery rate. The monthly facility cost recovery rate which the Government shall pay the Contractor whether or not service is received is $_____.[Divide the net facility cost in paragraph (c) of this clause by the facility’s cost recovery period in paragraph (b) of this clause and insert the resultant figure.]

  • (e) Termination charges. Termination charges = $____.[Multiply the remaining months of the facility's cost recovery period specified in paragraph (b) of this clause by the monthly facility cost recovery rate in paragraph (d) of this clause and insert the resultant figure.]

  • (f) If the Contractor has recovered its capital costs at the time of termination there will be no termination liability charge.

(End of clause)

The text above is reproduced from GSA's published FAR source files (GSA/GSA-Acquisition-FAR @ da52ccb (2026-03-30)), retrieved 2026-07-17. The official publication at acquisition.gov / eCFR controls if they differ.