OWNER'S RIGHT TO TERMINATE CONTRACT. J.4.1 The Owner may, without prejudice to any other right or remedy, and after giving Contractor seven (7) Days’ written notice and an opportunity to cure, terminate the Contract in whole or in part under the following conditions:
OWNER'S RIGHT TO TERMINATE CONTRACT. .1 If the Contractor should be adjudged as bankrupt, or if he/she should make a general assignment for the benefit of his/her creditors, or if a receiver should be appointed on account of his/her insolvency or if he/she should, except in cases recited in Paragraph 33 of Section One – General Conditions of the Contract, refuse or fail to supply enough properly skilled workmen or proper materials after having received seven (7) days' notice in writing from the Project Manager to supply additional workmen or materials, or if he/she should fail to make prompt payment to subcontractors for material or labour, or persistently disregard laws, ordinances or the instructions of the Project Manager, or otherwise be guilty of a substantial violation of the provisions of the contract then the Metropolitan Regional Housing Authority may, without prejudice to any other right or remedy, by giving the Contractor written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools and appliances thereon and finish the work by whatever method which may be deemed expedient, but without undue delay or expense. In such case the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price shall exceed the expense of finishing the Work such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance the Contractor shall pay the difference to the Metropolitan Regional Housing Authority.
OWNER'S RIGHT TO TERMINATE CONTRACT. If the Contractor should be adjudged a bankrupt, or if he/she should make a general assignment for the benefit of his/her creditors, or if a receiver should be appointed on account of his/her insolvency or if he/she should refuse or fail to supply enough properly skilled workmen or proper materials after having received seven days' notice in writing from the Project Manager to supply additional workers or materials, or if he/she should fail to make prompt payment to subcontractors for material or labour, or persistently disregard laws, ordinances or the instructions of the Project Manager, or otherwise be guilty of a substantial violation of the provisions of the contract, then the Authority may, without prejudice to any other right or remedy, by giving the Contractor written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools and appliances thereof and finish the work by whatever method may be deemed expedient, but without undue delay or expense. In such case the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the work such excess shall be paid to the Contractor. If such expense exceeds such unpaid balance the Contractor shall pay the difference to the Authority. CONSTRUCTION - BULK SUM GC-4
OWNER'S RIGHT TO TERMINATE CONTRACT. This contract may be terminated for the convenience of the University or for default as provided for by KRS 45A.200 and Article 24 of the General Conditions.
OWNER'S RIGHT TO TERMINATE CONTRACT. If Contractor, at any time, defaults in the performance of the work or violates any provisions of the contract, Owner, after seven (7) days’ written notice by registered mail to Contractor, without prejudice to any other remedy it may have, may make good the deficiencies and deduct the cost of doing so from any monies then or thereafter due Contractor or, at Owner’s option, may terminate the contract, take possession of all materials, tools and appliances paid for by Owner and finish the work by such means as it sees fit. If the unpaid balance of the contract price exceeds the cost of finishing the work, such excess shall be paid to Contractor, but if such cost exceeds such unpaid balance, Contractor shall pay the difference to Owner.
OWNER'S RIGHT TO TERMINATE CONTRACT. 7. Without prejudice to any other right or remedy, the OWNER may terminate this Agreement for cause by providing the CONTRACTOR and its surety with seven (7) days written notice of termination. For purposes of this Agreement, cause includes, but is not limited to: the adjudication of the CONTRACTOR as a bankrupt: the making of a general assignment by the CONTRACTOR for the benefit of its creditors: the appointment of a receiver because of the CONTRACTOR'S insolvency: the CONTRACTOR'S persistent or repeated refusal or failure, except for cases in which extension of time is provided, to supply enough properly skilled workers or proper materials; the CONTRACTOR'S persistent disregard of federal, state, or local statutes, laws, codes, rules, regulations, orders or ordinances; and the CONTRACTOR'S substantial violation of any provisions of this Agreement. In the event of a termination for cause, the OWNER may take possession of the premises and of all materials, tools and appliances thereon and finish the work by whatever method it may deem expedient. In such case, the CONTRACTOR shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the Agreement price shall exceed the expense of finishing the work, including compensation for additional architectural, managerial, and administrative services, such excess shall be paid to the CONTRACTOR. If such expense shall exceed such unpaid balance, the CONTRACTOR shall pay the difference to the OWNER. Further, the Owner may terminate this Agreement for convenience upon thirty (30) days written notice to the CONTRACTOR. In the event that the OWNER terminates this agreement for cause, and it subsequently is determined that cause did not exist, such termination shall be deemed to be for convenience.
OWNER'S RIGHT TO TERMINATE CONTRACT. If the Contractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed to take over his affairs, or if he should fail to prosecute his work with due diligence and carry the work forward in accordance with his work schedule and the time-limits set forth in the Contract Documents, or if he should fail to substantially perform one or more of the provisions of the Contract Documents to be performed by him, the Owner may serve written notice on the Contractor and the surety on his performance bond, stating its intention to exercise one of the remedies hereinafter set forth and the grounds upon which the Owner bases its right to exercise such remedy. In any event, unless the matter complained of is satisfactory cleared within ten days after service of such notice, the owner may, without prejudice to any other right or remedy, exercise one of such remedies, at once, having first obtained a certificate from the Owner's authorized representative that sufficient cause exists to justify such action.
OWNER'S RIGHT TO TERMINATE CONTRACT. Should the Contractor neglect to perform the work properly, or failure to perform any provision of this Contract, the Owner, after seven days written notice to the Contractor and his surety, if any, may, without prejudice to any other remedy he may have, make good the deficiencies. The Owner may deduct the cost thereof from the payment then or thereafter due Contractor or, at his option, may terminate this Contract and take possession of all materials, tools, and appliances, and finish the work by such means as he sees fit. If the unpaid balance of the Contract price exceeds the expense of finishing the work, such excess will be paid to the Contractor. If such expense exceeds the unpaid balance, the Contractor will refund the difference to the Lender or Owner. The Contractor shall be responsible for all legal costs incurred by the Owner or Lender to enforce this contract or collect funds owed to the Lender or Owner.
OWNER'S RIGHT TO TERMINATE CONTRACT. 25.1 Owner, upon certification of Engineer that there is sufficient cause to justify termination of contract, may, without prejudice to any other right or remedy, and after giving Contractor seven (7) days' notice may terminate employment of Contractor for any of following reasons:
OWNER'S RIGHT TO TERMINATE CONTRACT. If the Contractor fails to comply with any of the terms of the Agreement, the Owner reasonably determines it must fulfill its own transportation needs, or the Owner reasonably deems Contractor’s service inadequate to meet Owner’s needs, then the Owner shall notify Contractor in writing of the deficiency. Contractor shall respond within three (3) business days, unless a cure reasonably requires a longer period of time, in which case Contractor shall so notify the Owner and begin steps to remedy the problem within ten (10) business days. Contractor shall use reasonable efforts to cure said deficiency within thirty (30) days of notice from the Owner. In the event of three (3) such notices by the Owner to the Contractor involving general matters, i.e, unrelated to conduct of specific individual employees of the Contractor, within a period of six (6) months, regardless of any actions to cure by Contractor, the Owner shall be entitled to terminate the Agreement with thirty (30) days’ written notice to the Contractor. Notwithstanding anything to the contrary contained hereinabove, the Owner shall be entitled to cancel the Agreement immediately upon notice to the Contractor in case of intentional breach, willful neglect, reckless and wanton conduct, or gross negligence on the part of the Contractor.
