Owner’s Right to Perform and Terminate for Cause. 15.2.1 If Design-Builder persistently fails to: (i) provide a sufficient number of skilled workers; (ii) supply the materials required by the Contract Documents; (iii) comply with applicable Legal Requirements; (iv) timely pay, without cause, Design Consultants or Subcontractors; (v) perform the Work with promptness and diligence to ensure that the Work is completed by the Contract Time(s), as such times may be adjusted in accordance with this Agreement; or (vi) perform material obligations under the Contract Documents; then Owner, in addition to any other rights and remedies provided in the Contract Documents or by law or equity, shall have the rights set forth in Sections 15.2.2 and 15.2.3 below.
Appears in 10 contracts
Samples: License Agreement (Highwater Ethanol LLC), Master Agreement (US BioEnergy CORP), Master Agreement (US BioEnergy CORP)
Owner’s Right to Perform and Terminate for Cause. 15.2.1 11.2.1 If Design-Builder persistently fails to: to (i) provide a sufficient number of skilled workers; , (ii) supply the materials required by the Contract Documents; , (iii) comply with applicable Legal Requirements; , (iv) timely pay, without cause, Design Consultants or Subcontractors; , (v) perform prosecute the Work with promptness and diligence to ensure that the Work is completed by the Contract Time(s), as such times may be adjusted in accordance with this Agreement; adjusted, or (vi) perform material obligations under the Contract Documents; , then Owner, in addition to any other rights and remedies provided in the Contract Documents or by law or equitylaw, shall have the rights set forth in Sections 15.2.2 11.2.2 and 15.2.3 11.2.3 below.
Appears in 8 contracts
Samples: License Agreement (Aventine Renewable Energy Holdings Inc), Town of Taos, Agreement
Owner’s Right to Perform and Terminate for Cause. 15.2.1 If Design-Builder persistently fails to: (i) provide a sufficient number of skilled workers; (ii) supply the materials required by the Contract Documents; (iii) comply with applicable Legal Requirements; (iv) timely pay, without cause, Design Consultants or Subcontractors; (v) perform the Work with promptness and diligence to ensure that the Work is completed by the Contract Time(scontract time(s), as such times may be adjusted in accordance with this Agreement; or (vi) perform material obligations under the Contract Documents; then Owner, in addition to any other rights and remedies provided in the Contract Documents or by law or equity, shall have the rights set forth in Sections 15.2.2 and 15.2.3 below.
Appears in 2 contracts
Samples: Lump Sum Design Build Contract (Advanced BioEnergy, LLC), License Agreement (Siouxland Ethanol, LLC)
Owner’s Right to Perform and Terminate for Cause. 15.2.1 If Design-Builder persistently fails to: to (i) provide a sufficient number of skilled workers; , (ii) supply the materials required by the Contract Documents; , (iii) comply with applicable Legal Requirements; , (iv) timely pay, without cause, Design Consultants or Subcontractors; , (v) perform prosecute the Work with promptness and diligence to ensure that the Work is completed by the Contract Time(s), as such times may be adjusted in accordance with this Agreement; adjusted, or (vi) perform material obligations under the Contract Documents; , then Owner, in addition to any other rights and remedies provided in the Contract Documents or by law or equitylaw, shall have the rights set forth in Sections 15.2.2 and 15.2.3 below.
Appears in 2 contracts
Samples: License Agreement (Red Trail Energy, LLC), License Agreement (Red Trail Energy, LLC)
Owner’s Right to Perform and Terminate for Cause. 15.2.1 If Design-Builder persistently Xxxxx fails to: (i) provide a sufficient number of skilled workers; (ii) supply the materials required by the Contract Documents; (iii) comply with applicable Legal Requirements; (iv) timely pay, without cause, Design Consultants or Subcontractors; (v) perform the Work with promptness and diligence to ensure that the Work is completed by the Contract Time(s), as such times may be adjusted in accordance with this Agreement; or (vi) perform material obligations under the Contract Documents; then Owner, in addition to any other rights and remedies provided in the Contract Documents or by law or equity, shall have the rights set forth in Sections 15.2.2 and 15.2.3 below.
Appears in 2 contracts
Samples: Construction Agreement (Aventine Renewable Energy Holdings Inc), Construction Agreement (Aventine Renewable Energy Holdings Inc)
Owner’s Right to Perform and Terminate for Cause. 15.2.1 A. If Design-Builder persistently fails to: to (i) provide a sufficient number of skilled workers; , (ii) supply the materials required by the Contract Documents; , (iii) comply with applicable Legal Requirements; , (iv) timely pay, without cause, Design Consultants or Subcontractors; , (v) perform prosecute the Work with promptness and diligence to ensure that the Work is completed by the Contract Time(s), as such times may be adjusted in accordance with this Agreement; adjusted, or (vi) perform material obligations under the Contract Documents; , then Owner/DES, in addition to any other rights and remedies provided in the Contract Documents or by law or equitylaw, shall have the rights set forth in Sections 15.2.2 11.2.B and 15.2.3 11.2.C below.
Appears in 1 contract
Samples: des.wa.gov
Owner’s Right to Perform and Terminate for Cause. 15.2.1 If Design-Builder persistently fails to: (i) provide a sufficient number of skilled workers; (ii) supply the materials required by the Contract Documents; (iii) comply with applicable Legal Requirements; (iv) timely pay, without cause, Design Consultants or Subcontractors; (v) perform the Work with promptness and diligence to ensure that the Work is ADVANCED BIOENERGY, LLC March 16, 2006 completed by the Contract Time(scontract time(s), as such times may be adjusted in accordance with this Agreement; or (vi) perform material obligations under the Contract Documents; then Owner, in addition to any other rights and remedies provided in the Contract Documents or by law or equity, shall have the rights set forth in Sections 15.2.2 and 15.2.3 below.
Appears in 1 contract
Owner’s Right to Perform and Terminate for Cause. 15.2.1 11.2.1 If Design-Builder Construction Manager at Risk persistently fails to: to (i) provide a sufficient number of skilled workers; , (ii) supply the materials required by the Contract Documents; , (iii) comply with applicable Legal Requirements; , (iv) timely pay, without cause, Design Consultants Consultants, Subcontractors, or Sub-Subcontractors; , (v) perform prosecute the Work with promptness and diligence to ensure that the Work is completed by the Contract Time(s), as such times may be adjusted in accordance with this Agreement; adjusted, or (vi) perform material obligations under the Contract Documents; , then Owner, in addition to any other rights and remedies provided in the Contract Documents or by law or equitylaw, shall have the rights set forth in Sections 15.2.2 11.2.2 and 15.2.3 11.2.3 below.
Appears in 1 contract
Samples: www.baylor.edu
Owner’s Right to Perform and Terminate for Cause. 15.2.1 11.2.1 If Design-Builder persistently fails to: to (i) provide a sufficient number of skilled workers; , (ii) supply the materials required by the Contract Documents; , (iii) comply with applicable Legal Requirements; , (iv) timely pay, without cause, Design Consultants Designer, Subcontractors, or Sub-Subcontractors; , (v) perform prosecute the Work with promptness and diligence to ensure that the Work is completed by the Contract Time(s), as such times may be adjusted in accordance with this Agreement; adjusted, or (vi) perform material obligations under the Contract Documents; , then Owner, in addition to any other rights and remedies provided in the Contract Documents or by law or equitylaw, shall have the rights set forth in Sections 15.2.2 11.2.2 and 15.2.3 11.2.3 below.
Appears in 1 contract
Samples: Agreement
Owner’s Right to Perform and Terminate for Cause. 15.2.1 11.2.1 If Design-Builder persistently fails to: (i) persistently fails to provide a sufficient number of skilled workers; , (ii) fails to supply the materials required by the Contract Documents; , (iii) fails to comply with applicable Legal Requirements; , (iv) fails to timely pay, without cause, Design Consultants or Subcontractors; , (v) perform fails to prosecute the Work with promptness and diligence to ensure that the Work is completed by the Contract Time(s), as such times may be adjusted in accordance with this Agreement; adjusted, or (vi) fails to perform other material obligations under the Contract Documents; , then Owner, in addition to any other rights and remedies provided in the Contract Documents or by law or equitylaw, shall have the rights set forth in Sections 15.2.2 11.2.2 and 15.2.3 11.2.3 below.
Appears in 1 contract
Samples: Illinois River Energy LLC