Right to Carry Out Work. If Construction Manager fails to prosecute the Work properly (including, but not limited to, the failure to man the Work due to labor disputes of any type) or fails to perform any provision of the Contract Documents, including, without limitation, unauthorized Project Schedule delays, Owner, after seven (7) calendar days written notice to Construction Manager without correction, may, without prejudice to any other rights or remedy Owner may have, correct the deficiencies or otherwise supplement the Construction Manager performance through the Owner's own forces or through others, and may deduct the cost thereof from the payment then or thereafter due to Construction Manager.
Right to Carry Out Work. If Contractor defaults or persistently fails or neglects to carry out work in accordance with the contract documents, the Tribe, after 10 days’ written notice to Contractor and without prejudice to other remedies, may make good such deficiencies and may deduct the reasonable cost thereof from payment then or thereafter due to Contractor.
Right to Carry Out Work. If Contractor defaults or neglects to carry out Work in accordance with Contract Documents and fails within fourteen days after receipt of written notice to commence and continue correction of such default or neglect with diligence and promptness, Owner may correct such deficiencies and issue a Change Order deducting the cost of correction from the Contract Sum. --------------------------- ARTICLE 3--------------------------- CONTRACTOR
Right to Carry Out Work. If the Construction Manager defaults or neglects to carry out the Work in accordance with the Contract Documents and fails to commence and continue correction of such default or neglect within the seven (7) days after receipt of the written notice from the County as set forth in Paragraph 23.1.3 above, to do so with diligence and promptness, the County may after such seven-day period give the Construction Manager a second written notice to correct such deficiencies. The second written notice will require the Construction Manager to correct such default or neglect within three (3) days of receipt of the written notice. If the Construction Manager fails to correct such deficiencies the County may, without prejudice to other remedies available to the County, correct the deficiencies and issue a Change Order deducting from the Contract Price the reasonable cost of correcting such deficiencies, including County’s expenses and compensation for the Professional’s additional services made necessary by the default, neglect or failure. Such action by the County and amounts charged to the Construction Manager are both subject to prior approval of the Professional. If payment then or due the Construction Manager is not sufficient to cover such amounts, the Construction Manager shall pay the difference to the County.
Right to Carry Out Work. If the General Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails to commence and continue correction of such default or neglect within seven (7) calendar days after receipt of the written notice from the Owner to do so with diligence and promptness, the Owner may after such seven-day period give the General Contractor a second written notice to correct such deficiencies. The second written notice shall require the General Contractor to correct such default or neglect within three (3) calendar days of receipt of the written notice. If the General Contractor fails to correct such deficiencies the Owner may, without prejudice to other remedies available to the Owner, correct the deficiencies and issue a Change Order deducting from the Contract Price the reasonable cost of correcting such deficiencies, including Owner’s expenses and compensation for the Professional’s additional services made necessary by the default, neglect or failure. Such action by the Owner and amounts charged to the General Contractor are both subject to prior approval of the Professional. If payment then or therafter due the General Contractor are not sufficient to cover such amounts, the General Contractor shall pay the difference to the Owner.
Right to Carry Out Work. If the Construction Manager defaults or neglects to carry out the Work in accordance with the Contract Documents and fails to commence and continue correction of such default or neglect within the seven (7) days after receipt of the written notice from the Owner as set forth in Paragraph 23.1.3 above, to do so with diligence and promptness, the Owner may after such seven-day period give the Construction Manager a second written notice to correct such deficiencies. The second written notice shall require the Construction Manager to correct such default or neglect within three (3) days of receipt of the written notice. If the Construction Manager fails to correct such deficiencies the Owner may, without prejudice to other remedies available to the Owner, correct the deficiencies and issue a Change Order deducting from the Contract Price the reasonable cost of correcting such deficiencies, including Owner’s expenses and compensation for the Professional’s additional services made necessary by the default, neglect or failure. Such action by the Owner and amounts charged to the Construction Manager are both subject to prior approval of the Professional. If payment then or thereafter due the Construction Manager is not sufficient to cover such amounts, the Construction Manager shall pay the difference to the Owner.
Right to Carry Out Work. If Design Builder fails to prosecute the Work properly (including, but not limited to, the failure to man the Work due to labor disputes of any type) or fails to perform any provision of the Contract Documents, including, without limitation, unauthorized Project Schedule delays, Owner, after seven (7) calendar days written notice to Design Builder without correction, may, without prejudice to any other rights or remedy Owner may have, correct the deficiencies or otherwise supplement the Design Builder performance through the Owner's own forces or through others, and may deduct the cost thereof from the payment then or thereafter due to Design Builder.
Right to Carry Out Work. If the Contractor neglects to carry out the work in accordance with this Agreement and fails within three (3) days after receipt of written notice from the Association to commence and continue the work, with diligence and promptness, the Association may, and without prejudice to any other remedy the Association may have, make good such deficiencies.
Right to Carry Out Work. If Contractor defaults or persistently fails or neglects to carry out work in accordance with the contract documents, the Casino, after 10 days’ written notice to Contractor and without prejudice to other remedies, may make good such deficiencies and may deduct the reasonable cost thereof from payment then or thereafter due to Contractor.
Right to Carry Out Work. If the CM/GC defaults or neglects to carry out the work in accordance with the Contract Documents and fails within a ten-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the CM/GC the reasonable cost of correcting such deficiencies, including Owner’s expenses and compensation for the Engineer of Record’s additional services made necessary by such default, neglect or failure. If payment then or thereafter due the CM/GC are not sufficient to cover such amounts, the CM/GC shall pay the difference to the Owner.
