Common use of OWNER'S RIGHT TO TERMINATE CONTRACT Clause in Contracts

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. If the Contractor should be adjudged a bankrupt, or if he/she it 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 its insolvency, or if he/she it should persistently or repeatedly refuse or fail should fail, except in cases for which extension of time is provided, 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 it should fail to make prompt payment to subcontractors for material or labourlabor, or persistently disregard laws, ordinances or the instructions of the Project Managerand ordinances, or otherwise be guilty of a substantial violation of the provisions any provision of the contractAgreement, then the Authority Owner may, without prejudice to any other right or remedy, by remedy and after giving the Contractor ten (10) days written notice, terminate the employment of the Contractor and take possession of the premises Project Site and of all materials, tools and appliances thereof thereon and finish the work by whatever method it may be deemed deem expedient, but without undue delay or expense. In such case 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 Bid Amount shall exceed Owner’s expense of finishing the work Work, including compensation for additional engineering, managerial and administrative services, such excess shall be paid to the Contractor. If such expense exceeds shall exceed such unpaid balance balance, the Contractor shall pay the difference to the Authority. CONSTRUCTION - BULK SUM GC-4Owner.

OWNER'S RIGHT TO TERMINATE CONTRACT. A. For Cause: If the Contractor should be adjudged a bankrupt, or if he/she he should make a general assignment for the benefit benefits of his/her his creditors, or if a receiver should be appointed on account of his/her insolvency his insolvency, or if he/she he should refuse or fail should fail, except in cases for which extension of time is provided, to supply enough properly skilled workmen workers 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 he should fail to make prompt payment to subcontractors or for material or labourlabor, or persistently disregard laws, ordinances or the instructions of the Project ManagerOwner, or otherwise be guilty of a substantial violation breach any material provision of the provisions of the contractContract, then the Authority Owner, when in its opinion sufficient cause exists to justify such action, may, without prejudice to any other right or remedy, by remedy and after giving the Contractor and the surety seven (7) days written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools tools, and appliances thereof thereon and finish the work Work by whatever method it may be deemed expedient, but without undue delay or expensedeem best. In such case the Contractor shall not be entitled to receive any further payment until the work Work is finished. If the unpaid balance of the contract Contract price exceeds shall exceed the expense of finishing the work Work including compensation for additional managerial and administrative services, such excess shall be paid to the Contractor. If such expense exceeds shall exceed such unpaid balance balance, the Contractor and his surety shall pay the difference to the AuthorityOwner. CONSTRUCTION - BULK SUM GC-4The expenses incurred by the Owner as herein provided, and the damage incurred through the Contractor's default, shall be determined by the Owner.

OWNER'S RIGHT TO TERMINATE CONTRACT. 19.1 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 insolvency, or if he/she should persistently or repeatedly refuse or should fail except in cases for which extension of time is provided, to supply enough properly skilled workmen worker 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 or for material or labourlabor, or persistently disregard laws, ordinances or the instructions of the Project Manager, Owner’s Representative or otherwise be guilty of a substantial violation of the provisions any provision of the contractContract, then the Authority mayOwner upon the certificate of the Owner’s Representative that sufficient cause exists to justify such action, may without prejudice to any other right or remedy, by remedy and after giving the Contractor Contractor, and his/her surety if any, seven (7) working days’ written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools tools, and appliances thereof thereon and finish the work by whatever method he/she may be deemed deem 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 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 exceeds such shall exceed the unpaid balance balance, the Contractor shall pay the difference to the AuthorityOwner. CONSTRUCTION - BULK SUM GC-4The expense incurred by the Owner as herein provided, and the damage incurred through the Contractor’s default, shall be certified by the Owner.

OWNER'S RIGHT TO TERMINATE CONTRACT. A. For Cause: If the Contractor should be adjudged a bankrupt, or if he/she he should make a general assignment for the benefit benefits of his/her his creditors, or if a receiver should be appointed on account of his/her insolvency his insolvency, or if he/she he should refuse or fail should fail, except in cases for which extension of time is provided, to supply enough properly skilled workmen workers 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 he should fail to make prompt payment to General Conditions (continued) subcontractors or for material or labourlabor, or persistently disregard laws, ordinances or the instructions of the Project ManagerOwner, or otherwise be guilty of a substantial violation breach any material provision of the provisions of the contractContract, then the Authority Owner, when in its opinion sufficient cause exists to justify such action, may, without prejudice to any other right or remedy, by remedy and after giving the Contractor and the surety seven (7) days written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools tools, and appliances thereof thereon and finish the work Work by whatever method it may be deemed expedient, but without undue delay or expensedeem best. In such case the Contractor shall not be entitled to receive any further payment until the work Work is finished. If the unpaid balance of the contract Contract price exceeds shall exceed the expense of finishing the work Work including compensation for additional managerial and administrative services, such excess shall be paid to the Contractor. If such expense exceeds shall exceed such unpaid balance balance, the Contractor and his surety shall pay the difference to the AuthorityOwner. CONSTRUCTION - BULK SUM GC-4The expenses incurred by the Owner as herein provided, and the damage incurred through the Contractor's default, shall be determined by the Owner.