Common use of Termination for Default (Construction Clause in Contracts

Termination for Default (Construction. If contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified, or any extension, or fails to complete the work within this time, or if contractor fails to comply with any other provisions of this contract, the recipient may terminate this contract for default. the recipient shall terminate by delivering to contractor a notice of termination specifying the nature of default. In this event, the recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. Contractor and its sureties shall be liable for any damage to the recipient resulting from contractor's refusal or failure to complete the work within specified time, whether or not contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the recipient in completing the work. Contractor's right to proceed shall not be terminated nor shall contractor be charged with damages under this clause if:

Termination for Default (Construction. If contractor the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified, specified in this contract or any extension, extension or fails to complete the work within this time, or if contractor the Contractor fails to comply with any other provisions of this contract, the recipient (Recipient) may terminate this contract for default. the recipient The (Recipient) shall terminate by delivering to contractor the Contractor a notice Notice of termination Termination specifying the nature of the default. In this event, the recipient Recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the recipient Recipient resulting from contractorthe Contractor's refusal or failure to complete the work within specified time, whether or not contractorthe Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the recipient Recipient in completing the work. The Contractor's right to proceed shall not be terminated nor shall contractor be the Contractor charged with damages under this clause if:if-

Termination for Default (Construction. If contractor the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure ensure its completion within the time specified, specified in this contract or any extension, extension or fails to complete the work within this time, or if contractor the Contractor fails to comply with any other provisions provision of this contract, the recipient Agency may terminate this contract for default. the recipient The Agency shall terminate by delivering to contractor the Contractor a notice Notice of termination Termination specifying the nature of the default. In this event, the recipient Agency may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the recipient Agency resulting from contractorthe Contractor's refusal or failure to complete the work within specified time, whether or not contractorthe Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the recipient Agency in completing the work. The Contractor's right to proceed shall not be terminated nor shall contractor the Contractor be charged with damages under this clause if:

Termination for Default (Construction. If contractor Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified, or any extension, or fails to complete the work within this time, or if contractor Contractor fails to comply with any other provisions of this contract, the recipient may terminate this contract for default. the recipient shall terminate by delivering to contractor Contractor a notice of termination specifying the nature of default. In this event, the recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. Contractor and its sureties shall be liable for any damage to the recipient resulting from contractorContractor's refusal or failure to complete the work within specified time, whether or not contractorContractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the recipient in completing the work. Contractor's right to proceed shall not be terminated nor shall contractor Contractor be charged with damages under this clause if:

Termination for Default (Construction. If contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified, or any extension, or fails to complete the work within this time, or if contractor fails to comply with any other provisions of this contract, the recipient may terminate this contract for default. the The recipient shall terminate by delivering to contractor a notice of termination specifying the nature of default. In this event, the recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. Contractor and its sureties shall be liable for any damage to the recipient resulting from contractor's refusal or failure to complete the work within specified time, whether or not contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the recipient in completing the work. Contractor's right to proceed shall not be terminated nor shall contractor be charged with damages under this clause if:

Termination for Default (Construction. If contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure ensure its completion within the time specified, or any extension, or fails to complete the work within this time, or if contractor fails to comply with any other provisions of this contract, the recipient may terminate this contract for default. the recipient shall terminate by delivering to contractor a notice of termination specifying the nature of default. In this event, the recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. Contractor and its sureties shall be liable for any damage to the recipient resulting from contractor's refusal or failure to complete the work within specified time, whether or not contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the recipient in completing the work. Contractor's right to proceed shall not be terminated nor shall contractor be charged with damages under this clause if: