Common use of OWNER’S RIGHT TO STOP THE WORK Clause in Contracts

OWNER’S RIGHT TO STOP THE WORK. If the Design/Builder persistently fails to correct Work which is not in accordance with the requirements of the Contract Documents and this Agreement or persistently fails to carry out the Work in accordance with the Contract Documents, the Owner, by written order signed by the Owner, may deliver a notice to the Design/Builder setting forth that such a persistent and material failure is occurring and has occurred, and demanding that the Design/Builder commence a cure of such persistent and material failure within twenty (20) Days and diligently pursue such cure thereafter. In the event that the cure is not commenced and pursued diligently, the Owner may, by written notice to the Design/Builder, order the Design/Builder to stop the Work, or any portion thereof, until the cause for such order has been eliminated; provided, however, that the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Design/Builder or any other person or entity and shall not give rise to any liability of the Owner to the Design/Builder resulting from any delay.

Appears in 6 contracts

Samples: Design/Build Agreement Replacement Playground Structures, Design/Build Agreement Replacement Playground Structures, Design/Build Agreement Replacement Playground Structures

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OWNER’S RIGHT TO STOP THE WORK. If the Design/-Builder persistently fails to correct Work which is not in accordance with the requirements of the Contract Documents and this Agreement or persistently fails to carry out the Work in accordance with the Contract Documents, the Owner, by written order signed by the Owner, may deliver a notice to the Design/-Builder setting forth that such a persistent and material failure is occurring and has occurred, and demanding that the Design/-Builder commence a cure of such persistent and material failure within twenty (20) Days and diligently pursue such cure thereafter. In the event that the cure is not commenced and pursued diligently, the Owner may, by written notice to the Design/-Builder, order the Design/-Builder to stop the Work, or any portion thereof, until the cause for such order has been eliminated; provided, however, that the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Design/-Builder or any other person or entity and shall not give rise to any liability of the Owner to the Design/-Builder resulting from any delay.

Appears in 1 contract

Samples: Design Build Agreement

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