Common use of TERMINATION BY THE OWNER Clause in Contracts

TERMINATION BY THE OWNER. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents or fails to perform any provision of the Contract, the Owner or Owner’s Representative may, after fourteen days' written notice to the Contractor and without prejudice to any other remedy the Owner may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor or, at Owner's or Owner’s Representative’s option, may terminate Contractor's work under the Contract and take possession of the site and of all materials thereon owned by the Contractor and may finish the Work by whatever method Owner may deem expedient, and if the unpaid balance of the Contract Sum exceeds the expense of finishing the Work, such excess shall be paid to the Contractor, but if such expense exceeds such unpaid balance, the Contractor shall pay the difference to the Owner. These rights and remedies are in addition to any right to damages or other rights and remedies allowed by law.

Appears in 6 contracts

Samples: B Construction Contract, Construction Contract, Construction Contract

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TERMINATION BY THE OWNER. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents or fails to perform any provision of the Contract, the Owner or Owner’s Representative may, after fourteen (14) days' written notice to the Contractor and without prejudice to any other remedy the Owner may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor or, at Owner's or Owner’s Representative’s option, may terminate Contractor's work under the Contract and take possession of the site and of all materials thereon owned by the Contractor and may finish the Work by whatever method Owner may deem expedient, and if the unpaid balance of the Contract Sum exceeds the expense of finishing the Work, such excess shall be paid to the Contractor, but if such expense exceeds such unpaid balance, the Contractor shall pay the difference to the Owner. These rights and remedies are in addition to any right to damages or other rights and remedies allowed by law.

Appears in 5 contracts

Samples: Construction Contract, Construction Contract for 2022 Asphalt, Construction Contract

TERMINATION BY THE OWNER. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents or fails to perform any provision of the Contract, the Owner or Owner’s Representative may, after fourteen days' written notice to the Contractor and without prejudice to any other remedy the Owner may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor or, at Owner's or Owner’s Representative’s option, may terminate Contractor's work under the Contract and take possession of the site and of all materials materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever method Owner may deem expedient, and if the unpaid balance of the Contract Sum exceeds the expense of finishing the Work, such excess shall be paid to the Contractor, but if such expense exceeds such unpaid balance, the Contractor shall pay the difference to the Owner. These rights and remedies are in addition to any right to damages or other rights and remedies allowed by law.

Appears in 4 contracts

Samples: Construction Contract, Construction Contract, Construction Contract

TERMINATION BY THE OWNER. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents or fails to perform any provision of the Contract, the Owner or Owner’s Representative may, after fourteen days' written notice to the Contractor and without prejudice to any other remedy the Owner may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor or, at Owner's or Owner’s Representative’s option, may terminate Contractor's work under the Contract and take possession of the site and of all materials thereon owned by the Contractor and may finish the Work by whatever method Owner may deem expedient, and if the unpaid balance of the Contract Sum exceeds the expense of finishing the Work, such excess shall be paid to the Contractor, but if such expense exceeds such unpaid balance, the Contractor shall pay the difference to the Owner. These rights and remedies are in addition to any right to damages or other rights and remedies allowed by law.

Appears in 2 contracts

Samples: Construction Contract, Construction Contract

TERMINATION BY THE OWNER. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents or fails to perform any provision of the Contract, the Owner or Owner’s Representative may, after fourteen (14) days' written notice to the Contractor and without prejudice to any other remedy the Owner may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor or, at Owner's or Owner’s Representative’s option, may terminate Contractor's work under the Contract and take possession of the site and of all materials thereon owned by the Contractor and may finish the Work by whatever method Owner may deem expedient, and if the unpaid balance of the Contract Sum exceeds the expense of finishing the Work, such excess shall be paid to the Contractor, but if such expense exceeds such unpaid balance, the Contractor shall pay the difference to the Owner. These rights and remedies are in addition to any right to damages or other rights and remedies allowed by law.

Appears in 2 contracts

Samples: Construction Contract, Construction Contract

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TERMINATION BY THE OWNER. If the Contractor Vendor defaults or neglects to carry out the Work in accordance with the Contract Documents or fails to perform any provision of the Contract, the Owner or Owner’s Representative may, after fourteen days' written notice to the Contractor Vendor and without prejudice to any other remedy the Owner may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor Vendor or, at Owner's or Owner’s Representative’s option, may terminate ContractorVendor's work under the Contract and take possession of the site and of all materials thereon owned by the Contractor Vendor and may finish the Work by whatever method Owner may deem expedient, and if the unpaid balance of the Contract Sum exceeds the expense of finishing the Work, such excess shall be paid to the ContractorVendor, but if such expense exceeds such unpaid balance, the Contractor Vendor shall pay the difference to the Owner. These rights and remedies are in addition to any right to damages or other rights and remedies allowed by law.

Appears in 1 contract

Samples: Services Contract

TERMINATION BY THE OWNER. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents or fails to perform any provision of the Contract, the Owner or Owner’s Representative may, after fourteen days' written notice to the Contractor and without prejudice to any other remedy the Owner may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor or, at Owner's or Owner’s RepresentativeOR’s option, may terminate Contractor's work under the Contract and take possession of the site and of all materials thereon owned by the Contractor and may finish the Work by whatever method Owner may deem expedient, and if the unpaid balance of the Contract Sum exceeds the expense of finishing the Work, such excess shall be paid to the Contractor, but if such expense exceeds such unpaid balance, the Contractor shall pay the difference to the Owner. These rights and remedies are in addition to any right to damages or other rights and remedies allowed by law.

Appears in 1 contract

Samples: Construction Contract

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