Common use of Owner’s Lenders Election Clause in Contracts

Owner’s Lenders Election. Notwithstanding any provision of the Contract which may give Contractor the right to terminate the Contract or suspend or discontinue performance thereunder, Contractor agrees not to terminate the Contract or suspend or discontinue performance thereunder without first providing Owner and Owner's Lenders with fourteen (14) days prior written notice, and during such fourteen (14) days Owner's Lenders may elect whether to (a) terminate the Contract and not cure any defaults of Owner and not assume any of Owner's obligations under the Contract, or (b) require Contractor to continue Contractor's performance under the Contract, but not assume any of Owner's obligations under the Contract, or (c) assume Owner's obligations arising under the Contract from and after the date of Owner's Lenders' election, and require Contractor to continue Contractor's performance under the Contract. If Owner's Lenders shall timely elect to proceed under either clause (b) or (c) herein, Contractor agrees not to terminate the Contract or suspend or discontinue its performance thereunder, and to continue to properly perform all Work and obligations under the Contract in accordance with the terms of the Contract and accept payment and/or performance from Owner or Owner's Lenders, so long as Contractor continues to be paid in accordance with the terms of this Agreement, for all Work not in dispute and properly performed in accordance with the terms of the Contract after Owner's Lenders' election under clause (b) or (c).

Appears in 1 contract

Samples: Agreement for Guaranteed Maximum Price Construction (Wynn Resorts LTD)

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Owner’s Lenders Election. Notwithstanding any provision of the Contract which may give Contractor the right to terminate the Contract or suspend or discontinue performance thereunder, Contractor agrees not to terminate the Contract or suspend or discontinue performance thereunder without first providing Owner and Owner's ’s Lenders with fourteen (14) days prior written notice, and during such fourteen (14) days Owner's ’s Lenders may elect whether to (a) terminate the Contract and not cure any defaults of Owner and not assume any of Owner's ’s obligations under the Contract, or (b) require Contractor to continue Contractor's ’s performance under the Contract, but not assume any of Owner's ’s obligations under the Contract, or (c) assume Owner's ’s obligations arising under the Contract from and after the date of Owner's ’s Lenders' election, and require Contractor to continue Contractor's ’s performance under the Contract. If Owner's ’s Lenders shall timely elect to proceed under either clause (b) or (c) herein, Contractor agrees not to terminate the Contract or suspend or discontinue its performance thereunder, and to continue to properly perform all Work and obligations under the Contract in accordance with the terms of the Contract and accept payment and/or performance from Owner or Owner's ’s Lenders, so long as Contractor continues to be paid in accordance with the terms of this Agreement, for all Work not in dispute and properly performed in accordance with the terms of the Contract after Owner's ’s Lenders' election under clause (b) or (c).

Appears in 1 contract

Samples: Guaranteed Maximum Price Construction Services (Pinnacle Entertainment Inc)

Owner’s Lenders Election. Notwithstanding any provision of the Contract which may give Contractor the right to terminate the Contract or suspend or discontinue performance thereunder, Contractor agrees not to terminate the Contract or suspend or discontinue performance thereunder without first providing Owner and Owner's ’s Lenders with fourteen (14) days prior written notice, and during such fourteen (14) days Owner's ’s Lenders may elect whether to (a) terminate the Contract and not cure any defaults of Owner and not assume any of Owner's ’s obligations under the Contract, or (b) require Contractor to continue Contractor's ’s performance under the Contract, but not assume any of Owner's ’s obligations under the Contract, or (c) assume Owner's ’s obligations arising under the Contract from and after the date of Owner's ’s Lenders' election, and require Contractor to continue Contractor's ’s performance under the Contract. If Owner's ’s Lenders shall timely elect to proceed under either clause (b) or (c) herein, Contractor agrees not to terminate the Contract or suspend or discontinue its performance thereunder, and to continue to properly perform all Work and obligations under the Contract in accordance with the terms of the Contract and accept payment and/or performance from Owner or Owner's ’s Lenders, so long as Contractor continues to be paid in accordance with the terms of this Agreement, for all Work not in dispute and properly performed in accordance with the terms of the Contract after Owner's ’s Lenders' election under clause (b) or (c).. 104

Appears in 1 contract

Samples: Agreement for Guaranteed Maximum Price Construction Services (Pinnacle Entertainment Inc)

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Owner’s Lenders Election. Notwithstanding any provision of the Contract which may give Contractor the right to terminate the Contract or suspend or discontinue performance thereunder, Contractor agrees not to terminate the Contract or suspend or discontinue performance thereunder without first providing Owner and Owner's ’s Lenders with fourteen thirty (1430) days prior written notice, and during such fourteen thirty (1430) days Owner's ’s Lenders may elect whether to (a) allow Contractor to terminate the Contract and Contract, not cure any defaults of Owner and not assume any of Owner's ’s obligations under the Contract, or (b) require Contractor to continue Contractor's performance under the Contract, but not assume any of Owner's obligations under the Contract, or (c) assume Owner's ’s obligations arising under the Contract from and after the date of Owner's ’s Lenders' election, and require Contractor to continue Contractor's ’s performance under the Contract. If Owner's ’s Lenders shall timely elect to proceed under either clause (b) or (c) herein, Contractor agrees not to terminate the Contract or suspend or discontinue its performance thereunder, and to continue to properly perform all Work and obligations under the Contract in accordance with the terms of the Contract and accept payment and/or performance from Owner or Owner's ’s Lenders, so long as Contractor continues to be paid in accordance with the terms of this Agreement, for all Work not in dispute and properly performed in accordance with the terms of the Contract after Owner's Lenders' election under clause (b) or (c).of

Appears in 1 contract

Samples: Design Build Agreement (Wynn Resorts LTD)

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