Common use of Owner’s Right to Perform and Terminate for Cause Clause in Contracts

Owner’s Right to Perform and Terminate for Cause. 12.2.1 If CM@Risk consistently fails to (a) provide a sufficient number of skilled workers or the materials required by the Construction Documents; (b) comply with applicable Legal Requirements; (c) pay, without cause, its Subcontractors or suppliers; (d) prosecute the Work with promptness and diligence to ensure that the Work is completed within the Contract Time(s) as may be from time to time adjusted; or (e) otherwise perform the Work and its obligations in compliance with the Contract Documents, Owner shall , in addition to any other rights and remedies provided in the Contract Documents or by law, have the right to perform or terminate as set forth herein. Owner shall provide written notice of default to CM@Risk and if CM@Risk fails to cure the default within seven (7) days of such written notice, Owner shall have the right , to (i) perform and furnish through itself or through others it selects any such labor, materials, or Work, and to deduct the cost thereof from any monies due or to become due to CM@Risk under the Contract Documents; or (ii) terminate the Agreement with CM@Risk for all or any portion of the Work, enter upon the premises and take possession, for the purpose of completing the Work, of all job- owned materials, equipment scaffolds, tools, appliances, and other items thereon, all of which CM@Risk hereby transfers, assigns and sets over to Owner for such purpose, and to employ any person or persons to complete the Work and provide all of the required labor, services, materials, equipment and other items; or (iii) both. Upon exercising its right to Terminate for Cause for any reason set forth above, Owner, at its discretion, may also exercise the right to have each or any of CM@Risk’s Subcontractor and supply agreements assigned to Owner, or Owner’s nominee, provided however, Owner should have no responsibility or liability for acts or omission of CM@Risk under such Agreements and the sole recourse of Subcontractors for events occurring before termination of this Agreement shall be against CM@Risk.

Owner’s Right to Perform and Terminate for Cause. 12.2.1 11.2.1 If CM@Risk consistently Design-Builder persistently fails to (ai) provide a sufficient number of skilled workers workers; or the materials required by the Construction DocumentsContract Documents or both; (bii) comply with applicable Legal Requirements; (ciii) pay, without cause, its Subcontractors or suppliersDesign Consultants and Subcontractors; (div) prosecute the Work with promptness and diligence to ensure that the Work is completed within by the Contract Time(s) as may be from time to time adjusted; or (ev) otherwise perform the Work and its obligations in compliance consistent with the Contract Documents so as to deprive Owner of the benefits afforded under the Contract Documents, Owner shall have the right, in addition to any other rights and remedies provided in the Contract Documents or by law, have the right to perform or terminate as set forth herein. Owner shall provide after seven (7) days written notice of default to CM@Risk Design-Builder and if CM@Risk fails Design-Builder’s failure to commence to cure the default within seven (7) days of such written notice, Owner shall have the right said time, to (i) perform and furnish through itself or through others it selects any such labor, materials, or Work, and to deduct the cost thereof from any monies due or to become due to CM@Risk Design-Builder under the Contract Documents; or (ii) terminate the Agreement with CM@Risk employment of Design-Builder for all or any portion of the Work, enter upon the premises and take possession, for the purpose of completing the Work, of all job- owned materials, equipment scaffolds, tools, appliances, and other items thereon, all of which CM@Risk Design-Builder hereby transfers, assigns and sets over to Owner for such purpose, and to employ any person or persons to complete the Work and provide all of the required labor, services, materials, equipment and other items; or (iii) both. Upon exercising In the event of such termination, Design-Builder shall only be entitled to be paid for all Work performed prior to its right default. In the event Owner’s cost and expense of completing Design-Builder’s Work shall exceed the Guaranteed Maximum Price, then Design-Builder or its surety shall pay the difference to Terminate for Cause for any reason Owner. Such costs and expense shall include, not only the cost of completing the Work to the satisfaction of Owner and of performing and furnishing all labor, services, tools, equipment and other items required in the Contract Documents, but also losses, damages, costs and expense, including attorney’s fees and expenses incurred in connection with the reprocurement and defending claims arising from Design-Builder’s default, subject to the limitation set forth above, Owner, at its discretion, may also exercise the right to have each or any of CM@Risk’s Subcontractor and supply agreements assigned to Owner, or Owner’s nominee, provided however, Owner should have no responsibility or liability for acts or omission of CM@Risk under such Agreements and the sole recourse of Subcontractors for events occurring before termination of this Agreement shall be against CM@Riskin Article 10.3.

Owner’s Right to Perform and Terminate for Cause. 12.2.1 If CM@Risk consistently persistently fails to (a) provide a sufficient number of skilled workers workers; or the materials required by the Construction DocumentsDocuments or both; (b) comply with applicable Legal Requirements; (c) pay, without cause, its Subcontractors or suppliers; (d) prosecute the Work with promptness and diligence to ensure that the Work is completed within by the Contract Time(s) as may be from time to time adjusted; or (e) otherwise perform the Work and its obligations in compliance with the Contract Documents, Owner shall have the right, in addition to any other rights and remedies provided in the Contract Documents or by law, have the right to perform or terminate as set forth herein. Owner shall provide after seven (7) days written notice of default to CM@Risk and if CM@Risk fails CM@Risk’s failure to cure the default within seven (7) days of such written notice, Owner shall have the right trial period, to (i) perform and furnish through itself or through others it selects any such labor, materials, or Work, and to deduct the cost thereof from any monies due or to become due to CM@Risk under the Contract Documents; or (ii) terminate the Agreement with CM@Risk for all or any portion of the Work, enter upon the premises and take possession, for the purpose of completing the Work, of all job- owned materials, equipment scaffolds, tools, appliances, and other items thereon, all of which CM@Risk hereby transfers, assigns and sets over to Owner for such purpose, and to employ any person or persons to complete the Work and provide all of the required labor, services, materials, equipment and other items; or (iii) both. Upon exercising its right to Terminate for Cause for any reason set forth above, Owner, at its discretion, may also exercise the right to have each or any of CM@Risk’s Subcontractor and supply agreements assigned to by Owner, or Owner’s nominee, provided however, Owner should have no responsibility or liability for acts or omission of CM@Risk under such Agreements and the sole recourse of Subcontractors for on pre-termination events occurring before termination of this Agreement shall be against CM@Risk.

Owner’s Right to Perform and Terminate for Cause. 12.2.1 13.2.1 If CM@Risk consistently Contractor persistently fails to (a) provide a sufficient number of skilled workers workers; or the materials required by the Construction DocumentsDocuments or both; (b) comply with applicable Legal Requirements; (c) pay, without cause, its Subcontractors or suppliers; (d) prosecute the Work with promptness and diligence to ensure that the Work is completed within by the Contract Time(s) as may be from time to time adjusted; or (e) otherwise perform the Work and its obligations in compliance with the Contract Documents, Owner shall have the right, in addition to any other rights and remedies provided in the Contract Documents or by law, have the right to perform or terminate as set forth herein. Owner shall provide after seven (7) days written notice of default to CM@Risk Contractor and if CM@Risk fails Contractor’s failure to cure the default within seven (7) days of such written notice, Owner shall have the right trial period, to (i) perform and furnish through itself or through others it selects any such labor, materials, or Work, and to deduct the cost thereof from any monies due or to become due to CM@Risk Contractor under the Contract Documents; or (ii) terminate the Agreement with CM@Risk Contractor for all or any portion of the Work, enter upon the premises and take possession, for the purpose of completing the Work, of all job- owned materials, equipment scaffolds, tools, appliances, and other items thereon, all of which CM@Risk Contractor hereby transfers, assigns and sets over to Owner for such purpose, and to employ any person or persons to complete the Work and provide all of the required labor, services, materials, equipment and other items; or (iii) both. Upon exercising its right to Terminate for Cause for any reason set forth above, Owner, at its discretion, may also exercise the right to have each or any of CM@RiskContractor’s Subcontractor and supply agreements assigned to by Owner, or Owner’s nominee, provided however, Owner should have no responsibility or liability for acts or omission of CM@Risk Contractor under such Agreements and the sole recourse of Subcontractors for on pre-termination events occurring before termination of this Agreement shall be against CM@RiskContractor.

Owner’s Right to Perform and Terminate for Cause. 12.2.1 If CM@Risk consistently fails to (a) provide a sufficient number of skilled workers or the materials required by the Construction Documents; (b) comply with applicable Legal Requirements; (c) pay, without cause, its Subcontractors or suppliers; (d) prosecute the Work with promptness and diligence to ensure that the Work is completed within the Contract Time(s) as may be from time to time adjusted; or (e) otherwise perform the Work and its obligations in compliance with the Contract Documents, Owner shall , in addition to any other rights and remedies provided in the Contract Documents or by law, have the right to perform or terminate as set forth herein. Owner shall provide written notice of default to CM@Risk and if CM@Risk fails to cure the default within seven (7) days of such written notice, Owner shall have the right , to (i) perform and furnish through itself or through others it selects any such labor, materials, or Work, and to deduct the cost thereof from any monies due or to become due to CM@Risk under the Contract Documents; or (ii) terminate the Agreement with CM@Risk for all or any portion of the Work, enter upon the premises and take possession, for the purpose of completing the Work, of all job- job-owned materials, equipment scaffolds, tools, appliances, and other items thereon, all of which CM@Risk hereby transfers, assigns and sets over to Owner for such purpose, and to employ any person or persons to complete the Work and provide all of the required labor, services, materials, equipment and other items; or (iii) both. Upon exercising its right to Terminate for Cause for any reason set forth above, Owner, at its discretion, may also exercise the right to have each or any of CM@Risk’s Subcontractor and supply agreements assigned to Owner, or Owner’s nominee, provided however, Owner should have no responsibility or liability for acts or omission of CM@Risk under such Agreements and the sole recourse of Subcontractors for events occurring before termination of this Agreement shall be against CM@Risk.

Owner’s Right to Perform and Terminate for Cause. 12.2.1 13.2.1 If CM@Risk consistently Contractor persistently fails to (a) provide a sufficient number of skilled workers workers; or the materials required by the Construction DocumentsDocuments or both; (b) comply with applicable Legal Requirements; (c) pay, without cause, its Subcontractors or suppliers; (d) prosecute the Work with promptness and diligence to ensure that the Work is completed within by the Contract Time(s) as may be from time to time adjusted; or (e) otherwise perform the Work and its obligations in compliance with the Contract Documents, Owner shall have the right, in addition to any other rights and remedies provided in the Contract Documents or by law, have the right to perform or terminate as set forth herein. Owner shall provide after seven (7) days written notice of default to CM@Risk Contractor and if CM@Risk fails Contractor’s failure to cure the default within seven (7) days of such written notice, Owner shall have the right trial period, to (i) perform and furnish through itself or through others it selects any such labor, materials, or Work, and to deduct the cost thereof from any monies due or to become due to CM@Risk Contractor under the Contract Documents; or (ii) terminate the Agreement with CM@Risk Contractor for all or any portion of the Work, enter upon the premises and take possession, for the purpose of completing the Work, of all job- owned materials, equipment scaffolds, tools, appliances, and other items thereon, all of which CM@Risk Contractor hereby transfers, assigns and sets over to Owner for such purpose, and to employ any person or persons to complete the Work and provide all of the required labor, services, materials, equipment and other items; or (iii) both. Upon exercising its right to Terminate for Cause for any reason set forth above, Owner, at its discretion, may also exercise the right to have each or any of CM@RiskContractor’s Subcontractor and supply agreements assigned to by Owner, or Owner’s nominee, provided however, Owner should have no responsibility or liability for acts or omission of CM@Risk Contractor under such Agreements and the sole recourse of Subcontractors for on pre- termination events occurring before termination of this Agreement shall be against CM@RiskContractor.