Owner's Right to Perform Construction Manager's Obligations and Termination by Owner for Cause Sample Clauses

Owner's Right to Perform Construction Manager's Obligations and Termination by Owner for Cause. 1. If the Construction Manager fails to perform any of his obligations under this Agreement including any obligation he assumes to perform work with his own forces, the Owner may, after seven (7) days written notice during which period the Construction Manager fails to perform such obligation, make good such deficiencies. 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 Construction Managers Construction Phase Fee shall be reduced by an amount required to manage the making good of such deficiencies.
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Owner's Right to Perform Construction Manager's Obligations and Termination by Owner for Cause. A. If the Construction Manager fails to perform any of his obligations under this Agreement including any obligation he assumes to perform work with his own forces, the Owner may, after providing seven (7) calendar days written notice during which period the Construction Manager fails to perform such obligation, make good such deficiencies or satisfy the Owner of the appropriateness of its response. Owner’s actions may include, but not be limited to, termination of the Agreement and/or Activations and Construction Authorizations. 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 Construction Manager's Construction Phase Fee shall be reduced by an amount required to manage the making good of such deficiencies. If the contract balance is insufficient the Owner may seek recovery against the Construction Manager and/or its Surety.
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Owner's Right to Perform Construction Manager's Obligations and Termination by Owner for Cause. 13.3.1 If the Construction Manager fails to perform any of its obligations under this Agreement with respect to any Project including any obligation he assumes to perform Work with its own forces, the Owner may, after seven (7) days written notice during which period the Construction Manager fails to commence correction of such obligation, make good such deficiencies. The Project GMP or the actual cost of the Project, whichever is less, shall be reduced by the actual cost to the Owner of making good such deficiencies, and the Construction Manager's Construction Phase Fee for such Project shall be reduced by an amount required to manage the making good of such deficiencies, without limiting the Owner’s other remedies under this Agreement. If the Construction Manager is adjudged a bankrupt, or if he makes a general assignment for the benefit of its creditors, or if a receiver is appointed on account of its insolvency, or if the Construction Manager persistently or repeatedly refuses or fails, except in a case for which extension of time is provided, to supply enough properly skilled workers or proper materials for any Project and fails to maintain an established Project schedule (failure to maintain schedule shall be defined as any activity on the critical path that falls 45 days or more behind schedule) which has been adopted by the Project Team, or if any representation made by Construction Manager herein was false or materially misleading when made, or the merger, acquisition, sale or transfer of assets of Construction Manager occurs which has a material adverse effect on Construction Manager's net worth or on Construction Manager's ability to meet its obligations under this Agreement or any Project Agreement or results in the assumption of this Agreement or any Project Agreement by any other Person, in any case without the prior written consent of Owner, or if Construction Manager fails to make prompt payment to subcontractors for materials or labor, or persistently disregards laws, rules, ordinances, regulations, or orders of any public authority having jurisdiction, or fails to provide required insurance coverage, or if such insurance coverage are canceled, terminated, or modified so that the required insurance coverage are no longer in full force and effect, or fails to furnish the required performance and payment bond, or otherwise is guilty of a substantial violation of a provision of the Agreement, then the Owner may, without prejudice to any right...
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Related to Owner's Right to Perform Construction Manager's Obligations and Termination by Owner for Cause

  • OWNER’S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS § 7.4.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner’s own forces, and to award separate contracts in connection with other portions of the Project.

  • Supplier’s Obligations on Termination Unless otherwise specified by Buyer, upon Supplier’s receipt of a notice of termination of this Order, Supplier shall promptly: (a) stop work as directed in the notice; (b) place no further subcontracts/orders related to the terminated portion of this Order; (c) terminate, or if requested by Buyer assign, all subcontracts/orders to the extent they relate to work terminated; (d) deliver all completed work, work in process, designs, drawings, specifications, documentation and material required and/or produced in connection with such work; and (e) return or destroy all Confidential Information as set forth in Section 16(d).

  • Owner’s Right to Perform Work The Owner reserves the right to perform construction or operations related to the Project with Separate Contractors on the Site. If the Contractor claims that delay or additional cost is because of such action by the Owner, the Contractor shall assert such claims as provided in Section 5, Part 2 of the General Conditions.

  • Rights and Obligations upon Termination (a) In the event of Employer’s termination of the Term (and Executive’s employment) pursuant to Section 5.3 (which, for the avoidance of doubt, is a termination Without Cause), Employer shall pay Executive:

  • Contractor’s Right to Terminate for Cause Contractor may terminate this Contract immediately upon written notice to Agency, or at such later date as Contractor may establish in such notice, if Agency is in default under Section 14.4.

  • City’s Right to Terminate for Convenience City may, at its sole option and for its convenience, terminate all or any portion of this Contract by giving thirty (30) days’ written notice of such termination to Contractor. The termination of the Contract shall be effective upon receipt of the notice by Contractor. After termination of all or any portion of the Contract, Contractor shall: (1) immediately discontinue all affected performance (unless the notice directs otherwise); and (2) complete any and all additional work necessary for the orderly filing of documents and closing of Contractor's affected performance under the Contract. After filing of documents and completion of performance, Contractor shall deliver to City all data, drawings, specifications, reports, estimates, summaries, and such other information and materials created or received by Contractor in performing this Contract, whether completed or in process. By accepting payment for completion, filing, and delivering documents as called for in this section, Contractor discharges City of all of City’s payment obligations and liabilities under this Contract with regard to the affected performance.

  • Indemnification by Contractor (a) Contractor shall defend, indemnify and hold harmless District, its officers, directors, employees, agents, volunteers, and Affiliates and District’s Board of Education from any and all damages, costs and expenses, including attorneys’ fees, arising out of any third party claims for damages for bodily injury (including death) or for damage to real property or tangible personal property resulting from, arising out of or otherwise related to Contractor’s performance of this Agreement.

  • Remedies and Termination In addition to any other of RIM’s rights or remedies set forth in this Agreement:

  • Condition to Resignation and Termination No such resignation or (subject to Clause 19.5) termination of the appointment of the Issuing and Principal Paying Agent, Registrar or Calculation Agent shall, however, take effect until a new Issuing and Principal Paying Agent (which shall be a bank or trust company) or, as the case may be, Registrar or Calculation Agent has been appointed and no resignation or termination of the appointment of a Paying Agent or Transfer Agent shall take effect if there would not then be Paying Agents or Transfer Agents as required by the Conditions. If the Issuer fails to appoint a successor as requested by the Agreement and the Conditions by the tenth day before expiry of any notice given under Clause 19.2, then the relevant Agent may itself appoint as successor any reputable and experienced financial institution.

  • Obligations Upon Termination Upon termination of this Agreement, either party shall, at the request of the other party, return any document, material, database, equipment, or software containing the Confidential Information to the other party. If, for any reason, such document, material, database, equipment, or software cannot be returned, either party shall destroy all the Confidential Information belonging to the other party and delete such Confidential Information from any memory devices. No party shall be permitted to continue using the Confidential Information in any way after the termination of this Agreement.

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