Builder Default Sample Clauses

Builder Default. Subject to an Event of Force Majeure (as defined herein) and provided that Owner is not in default hereunder, in the event that Builder fails to perform any of the items required of Builder hereunder within the time allowed therefor or otherwise persistently fails or neglects to carry out the work required hereunder following the expiration of thirty (30) days after receipt of written notice from Owner to Builder of such failure or neglect, Owner may, without prejudice to any other remedy Owner may have, cure such defaults and set off the costs of curing such deficiencies against monies otherwise due to Builder. In addition, Owner may, at its option, proceed in law or equity to enforce its rights under this Contract which rights include, but are not limited to, terminating this Contract without any liability to Builder therefor and finishing all work to be performed by Builder hereunder in a commercially reasonable manner consistent with the construction methods utilized by contractors experienced in the construction of structures similar to the Home. If such expenses exceed the unpaid balance of the Construction Price, Builder shall be liable to pay to Owner the difference. Under no circumstances and under no events shall Owner be entitled to seek from Builder consequential, punitive, special or any other damages from Builder other than actual damages as set forth herein.

Builder Default. Should any event occur which may result in the Builder being unable to continue the construction of the Vessel or being unable to fulfill any obligations of the Builder under this Contract, the Buyer may terminate the Contract in accordance with Article VII(g).

Builder Default. Should BUILDER be in default or fail to comply with any term of this Agreement, LRWP in its absolute discretion may terminate the Agreement without notice.