Failure to Furnish an Acceptable GMP Sample Clauses

Failure to Furnish an Acceptable GMP. If the CM/GC does not furnish a GMP acceptable to Owner within Owner's Target GMP Range, or if Owner determines at any time in its sole discretion that the parties may fail to reach a timely agreement on a GMP acceptable to Owner, Owner may terminate the Contract without liability, and the CM/GC shall not receive additional compensation beyond the Preconstruction Fee under the Contract and sums due under any Early Work Amendment. Termination under this provision shall proceed under Section J.5 of the OSU General Conditions as a termination for Owner's convenience. CM/GC further agrees that Owner shall not be liable for any damages whether actual, consequential or otherwise for termination of the Contract under this provision.
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Failure to Furnish an Acceptable GMP. If the XXXX does not furnish a Cost for the Work, that when added to its proposal for Construction Manager at Risk Fee and Specified General Conditions, its negotiated Preconstruction Fee, NMGRT, and all other costs resulting in a GMP that is within Owner's Target GMP Range bound by the MACC, or if Owner determines at any time in its sole discretion that the parties may fail to reach a timely agreement on a GMP acceptable to Owner, Owner may terminate this Contract without liability, and the Construction Manager at Risk shall not receive additional compensation beyond the Preconstruction Fee under this Contract and sums due under any Early Work Amendment.
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Failure to Furnish an Acceptable GMP. If the CM/GC does not furnish a GMP acceptable to the Department, or if the Department determines at any time in its sole discretion that the parties may fail to reach a timely agreement on a GMP acceptable to the Department, the Department may terminate the Contract without liability, and the CM/GC shall not receive additional compensation beyond the Pre-construction Costs under the Contract, payable to the date of termination, together with amounts payable for Work completed and accepted by the Department under an Early Work Amendment, if an Early Work Amendment has been executed, plus any applicable costs of bonds and insurance. Termination under this provision shall proceed under Article 13.1 as a termination for the Department’s convenience. The CM/GC further agrees that the Department shall not be liable for any damages whether actual, consequential or otherwise for termination of the Contract under this provision. The Department may elect to complete the construction Work for this Project utilizing any alternative procurement method available.
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Failure to Furnish an Acceptable GMP. If ESCO is unable to furnish a GMP within Owner's budget, or if Owner determines at any time in its sole discretion, that the Parties may fail to reach a timely agreement on a GMP acceptable to Owner, Owner may terminate this Contract. ESCO specifically agrees that Owner shall not be liable for any damages whether actual, consequential or otherwise for termination of this Contract under this provision. Provided, however, that if not already paid, Owner will pay ESCO the Audit, Part A Fee and the Project Development Plan Fee if it is due and owing.
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Failure to Furnish an Acceptable GMP. If the CM/GC does not furnish a GMP acceptable to Owner within Owner’s Target GMP Range, or if Owner determines at any time in its sole discretion that the parties may fail to reach a timely agreement on a GMP acceptable to Owner, Owner may terminate the Contract without liability, and the CM/GC shall not receive additional compensation beyond the earned portion of the Preconstruction Fee under the Contract and sums due under any Early Work Amendment. The timing of the termination will be determined by Owner, in Owner’s sole discretion. Termination under this provision shall proceed under Section J.5 of the Eastern Oregon University General Conditions as a termination for Owner’s convenience. CM/GC further agrees that Owner shall not be liable for any damages whether actual, consequential or otherwise for termination of the Contract under this provision.
Sample 1
Failure to Furnish an Acceptable GMP. If the CM/GC does not furnish a GMP acceptable to City or if City determines at any time in its sole discretion that the parties may fail to reach a timely agreement on a GMP acceptable to City, City may terminate the Contract without liability, and the CM/GC shall not receive additional compensation beyond the Preconstruction Fee earned as of the date of the termination under the Contract and sums due under any Early Work Amendment. Termination under this provision shall proceed under Section J.5 of the General Conditions as a termination for City's convenience. CM/GC further agrees that City shall not be liable for any damages whether actual, consequential or otherwise for termination of the Contract under this provision.
Sample 1
Failure to Furnish an Acceptable GMP. If ESCO is unable to furnish a GMP within Owner's budget, or if Owner determines at any time in its sole discretion, that the Parties may fail to reach a timely agreement on a GMP acceptable to Owner, Owner may terminate this Contract. ESCO specifically agrees that Owner shall not be liable for any damages whether actual, consequential or otherwise for termination of this Contract under this provision. Provided, however, that if not already paid, Owner will pay ESCO the Audit, Part A Fee and the Project Development Plan Fee if it is due and owing. In no event will any fee be paid or due for any work on any Phase for which Owner has not provided a Notice to Proceed.
Sample 1
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Failure to Furnish an Acceptable GMP. If the CM/GC does not furnish a GMP acceptable to Owner within Owner's budget, or if Owner determines at any time in its sole discretion that the parties may fail to reach a timely agreement on a GMP acceptable to Owner, Owner may terminate the Contract without liability, and the CM/GC shall not receive additional compensation beyond the actual amount for Preconstruction Phase Services performed, and described in Exhibit B, sums due under any Early Work Amendment, and CM/GC’s reasonable termination expenses. Termination under this provision shall proceed under Section J.5 of Exhibit A as a termination for Owner's convenience. CM/GC agrees that Owner shall not be liable for any additional damages whether actual, consequential or otherwise for termination of the Contract under this provision.
Sample 1
Failure to Furnish an Acceptable GMP. In the event that the CM/GC is unable to furnish a GMP within Owner's budget, or if Owner determines at any time in its sole discretion, that the parties may fail to reach a timely agreement on a GMP acceptable to Owner, Owner may terminate this Agreement without liability, and the CM/GC shall not receive additional compensation beyond the Preconstruction Fee under this Agreement. Upon termination of this Agreement under this provision, the parties shall have no further obligations or liabilities under the Agreement. CM/GC further agrees that Owner shall not be liable for any damages whether actual, consequential or otherwise for termination of the Agreement under this provision.
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Related to Failure to Furnish an Acceptable GMP

  • Deadlines for Providing Insurance Documents after Renewal or Upon Request As set forth herein, certain insurance documents must be provided to the OGS Procurement Services contact identified in the Contract Award Notice after renewal or upon request. This requirement means that the Contractor shall provide the applicable insurance document to OGS as soon as possible but in no event later than the following time periods:  For certificates of insurance: 5 business days  For information on self-insurance or self-retention programs: 15 calendar days  For other requested documentation evidencing coverage: 15 calendar days  For additional insured and waiver of subrogation endorsements: 30 calendar days Notwithstanding the foregoing, if the Contractor shall have promptly requested the insurance documents from its broker or insurer and shall have thereafter diligently taken all steps necessary to obtain such documents from its insurer and submit them to OGS, OGS shall extend the time period for a reasonable period under the circumstances, but in no event shall the extension exceed 30 calendar days.

  • Events Requiring Notice The Company shall be required to give the notice described in this Section 8 upon one or more of the following events: (i) if the Company shall take a record of the holders of its Shares for the purpose of entitling them to receive a dividend or distribution payable otherwise than in cash, or a cash dividend or distribution payable otherwise than out of retained earnings, as indicated by the accounting treatment of such dividend or distribution on the books of the Company, (ii) the Company shall offer to all the holders of its Shares any additional shares of capital stock of the Company or securities convertible into or exchangeable for shares of capital stock of the Company, or any option, right or warrant to subscribe therefor, or (iii) a dissolution, liquidation or winding up of the Company (other than in connection with a consolidation or share reconstruction or amalgamation) or a sale of all or substantially all of its property, assets and business shall be proposed.

  • Termination for Material Breach A party may terminate this Agreement immediately upon notice to the other parties if any of the other parties materially breaches this Agreement, and if capable of cure, does not cure the breach within 10 days after receiving notice specifying the breach. If the material breach affects only certain Services, the non-breaching party that served the notice may choose to terminate only the affected Services.

  • Termination Warning Notice 5.B The Secretary of State may serve a Termination Warning Notice where he considers that:

  • Termination for Failure to Pay If Company fails to make any payment due hereunder, Hospital shall have the right to terminate this Agreement upon ten (10) business days written notice, unless Company makes such payments plus any interest due, as set forth in Section 4.7, within said ten (10) day notice period. If payments are not made, Hospital may immediately terminate this Agreement at the end of said ten (10) day period. Company shall be entitled to only one such cure period in a calendar year; for a second failure to make payment on time, Hospital shall have the right to terminate this Agreement immediately upon written notice.

  • Termination Notice If either Party, having become entitled to do so, decides to terminate this Agreement pursuant to the preceding Clause 8.2 (a) (i) or 8.2 (a) (ii), it shall issue Termination Notice setting out:

  • Effectiveness and Events Requiring Notice to the Representative The Company will use all reasonable efforts to cause the Registration Statement to remain effective and will notify the Representative immediately and confirm the notice in writing: (i) of the effectiveness of the Registration Statement and any amendment thereto; (ii) of the issuance by the Commission of any stop order suspending the effectiveness of the Registration Statement, or any post-effective amendment thereto or preventing or suspending the use of any Preliminary Prospectus or the Prospectus or of the initiation, or the threatening, of any proceeding for that purpose; (iii) of the issuance by any state securities commission of any proceedings for the suspension of the qualification of the Public Securities for offering or sale in any jurisdiction or of the initiation, or the threatening, of any proceeding for that purpose; (iv) of the mailing and delivery to the Commission for filing of any amendment or supplement to the Registration Statement or Prospectus; (v) of the receipt of any comments or request for any additional information from the Commission; and (vi) of the happening of any event during the period described in Section 3.4 hereof that, in the judgment of the Company, makes any statement of a material fact made in the Registration Statement, the Preliminary Prospectus and/or the Prospectus untrue or that requires the making of any changes in the Registration Statement, the Preliminary Prospectus and/or the Prospectus in order to make the statements therein, (with respect to the Prospectus, in light of the circumstances under which they were made), not misleading. If the Commission or any state securities commission shall enter a stop order or suspend such qualification at any time, the Company will make every reasonable effort to obtain promptly the lifting of such order.

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