Common use of Owner’s Right to Perform Clause in Contracts

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. 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.. 25 SD\624074.9