Common use of Owner's Right to Perform CM's Obligations and Termination by Owner for Cause Clause in Contracts

Owner's Right to Perform CM's Obligations and Termination by Owner for Cause. (1) If the CM fails to timely perform any of his obligations under this Agreement, including any obligation the CM assumes to perform work with his own forces, the Owner may, after seven (7) days' written notice, during which period the CM fails to perform such obligation, make good such deficiencies and perform such actions. The GMP, or the actual cost of the PROJECT, whichever is less, shall be reduced by the cost to the Owner of making good such deficiencies and the CM's compensation shall be reduced by an amount required to manage the deficiencies, provided, however, nothing contained herein shall limit or preclude Owner from pursuing additional damages from CM as a result of its breach.

Appears in 9 contracts

Samples: Agreement Between Owner and Construction, Agreement Between Owner and Construction, www.leegov.com

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Owner's Right to Perform CM's Obligations and Termination by Owner for Cause. (1) If the CM fails to timely perform any of his obligations under this Agreement, including any obligation the CM assumes to perform work with his own forces, the Owner may, after seven (7) calendar days' written notice, during which period the CM fails to perform such obligation, make good such deficiencies and perform such actions. The GMP, or the actual cost of the PROJECT, whichever is less, shall be reduced by the cost to the Owner of making good such deficiencies and the CM's compensation shall be reduced by an amount required to manage the deficiencies, provided, however, nothing contained herein shall limit or preclude Owner from pursuing additional damages from CM as a result of its breach.

Appears in 4 contracts

Samples: www.leegov.com, www.leegov.com, www.leegov.com

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