Owner’s Right to Perform. If Contractor fails to perform any if its obligations under the Contract Documents, then Owner may, after five (5) Days’ prior written notice, during which time Contractor continues to fail to diligently pursue performance of any such breached obligation and without prejudice to any other remedy Owner may have at law or in equity, cause Contractor’s breached obligations to be completed by others. All costs and expenses Owner incurs addressing Contractor’s failure to perform under this Section shall become Contractor’s liability to Owner payable upon demand and subject to offset against the Contract Sum. If the balance of the Contract Sum is not sufficient to cover such offset amount, Contractor shall immediately pay to Owner the difference. However, in no event shall Owner’s actions under this Section be deemed a termination of the Agreement.
Owner’s Right to Perform. Construction Manager's Obligations and Termination by the Owner for Cause.
Owner’s Right to Perform. THE WORK, TERMINATE THE CONTRACTOR'S RIGHT TO CONTINUE WITH THE WORK OR TERMINATE THE CONTRACT
Owner’s Right to Perform. OWNER may, without prejudice to any other remedy it may have, correct deficiencies caused by CONTRACTOR’s failure to perform the Work in accordance with this Agreement or by any other Event of Default by CONTRACTOR, provided that CONTRACTOR has failed, within fifteen (15) days after receipt of written notice from the OWNER (or immediately in the event of an emergency, provided that OWNER shall provide written notice of such emergency to CONTRACTOR within twenty-four (24) hours of obtaining knowledge thereof), to commence and continue correction of such failure or Event of Default with diligence and promptness. In such case, OWNER shall be entitled to deduct the reasonable cost of correcting such deficiencies (including compensation for any consultants’ services made necessary by such failure or Event of Default) from the payments then or thereafter due to CONTRACTOR. If such payments due to CONTRACTOR are not adequate to cover such amount, CONTRACTOR shall pay the difference to OWNER, which difference shall be promptly due and payable upon receipt of notice thereof from OWNER. Performance of Work by OWNER pursuant to this Section 11.4 shall not relieve CONTRACTOR of any of its obligations under this Agreement with respect to such Work if and to the extent such Work is performed in accordance with Section 3.14.
Owner’s Right to Perform. CONSTRUCTION AND TO AWARD SEPARATE CONTRA
Owner’s Right to Perform. CONTRACTOR'S OBLIGATIONS AND TERMINATION BY THE OWNER FOR CAUSE
Owner’s Right to Perform. THE WORK, TERMINATE THE CONTRACTOR’S RIGHT TO CONTINUE WITH THE WORK OR TERMINATE THE CONTRACT 39. Subsection 7.2.3.1. is deleted in its entirety. PART 8 DISPUTE RESOLUTIONS
Owner’s Right to Perform. 19.1 If the Contractor should neglect to perform the Work properly, or otherwise fail to perform any provision of this Agreement, the Owner may notify the Contractor in writing of the default and instruct the Contractor to correct the default within seven (7) days of receiving the notice.
Owner’s Right to Perform. DESIGN-BUILDER’S OBLIGATIONS AND TERMINATION BY THE OWNER FOR CAUSE
Owner’s Right to Perform. If at any time Contractor fails or refuses to comply with any Key Contractor Schedule Milestone by its Key Contractor Schedule Milestone Date, Owner may, but shall not be obligated to, perform (or cause to be performed) such Work in order to ensure compliance (or regain compliance) with the Baseline Schedule, including achievement of any Key Contractor Schedule Milestone by its Key Contractor Schedule Milestone Date, and Contractor shall pay Owner’s backcharges for such Work performed, provided that Owner has notified Contractor by telephone (to be followed up by written communication) or email at least twenty-four (24) hours in advance of Owner’s (or its designee’s) commencement of such Work and Contractor has not, during such 24-hour period, commenced, and diligently pursued, such actions as will satisfy Owner, in its reasonable judgment, that compliance with the Baseline Schedule, including achievement of any Key Contractor Schedule Milestone by its Key Contractor Schedule Milestone Date, is no longer in jeopardy (or will be regained). No such action by Owner shall waive any of the rights of Owner nor be deemed an election of remedy and Owner specifically reserves the right to terminate this Agreement pursuant to the provisions of Article 22. 302093599 v11
