Common use of Termination by Owner Without Cause Clause in Contracts

Termination by Owner Without Cause. A. If the Owner terminates this Agreement other than pursuant to section 14.2 B. or section 14.2 C., he shall reimburse the Construction Manager for any unpaid Cost of the Project due him under Article 9, plus that part of the unpaid balance of the Construction Phase Fee in an amount as will increase the payment on account of his fee to a sum which bears the same ratio to the Construction Phase Fee as the Cost of the Project, including a reasonable profit, at the time of termination bears to the Guaranteed Maximum Price, if established, otherwise to the Owner's Construction Budget. The Owner shall also pay to the Construction Manager fair compensation, either by purchase or rental at the election of the Owner, for any equipment retained. In case of such termination of Agreement the Owner shall further assume, accept assignment of and become liable for obligations and commitments that the Construction Manager has previously undertaken or incurred in good faith in connection with said Project. The Construction Manager shall, as a condition of receiving the payments referred to in this Article 14, execute and deliver all such papers and take all such steps including the legal assignment of his contractual rights, as the Owner may require for the purpose of fully vesting in him the rights and benefits of the Construction Manager under such obligations or commitments. The Owner does not assume any responsibility for liabilities of the Construction Manager relating to issues that were in dispute between the Construction Manager or any contractor, subcontractor or supplier existing prior to termination.

Termination by Owner Without Cause. A. If the Owner terminates this Agreement other than pursuant to section 14.2 B. or section 14.2 C., he shall reimburse the Construction Manager for any unpaid Cost cost of the Project due him under Article 9, plus that part of the unpaid balance of the Construction Phase Fee in an amount as will increase the payment on account of his fee to a sum which bears the same ratio to the Construction Phase Fee as the Direct Cost of the ProjectWork, including a reasonable profit, at the time of termination bears to the Guaranteed Maximum Price, if established, otherwise to the Owner's Construction Budget. The Owner shall also pay to the Construction Manager fair compensation, either by purchase or rental at the election of the Owner, for any equipment retained. In case of such termination of Agreement the Owner shall further assume, accept assignment of and become liable for obligations and commitments that the Construction Manager has previously undertaken or incurred in good faith in connection with said Project. The Construction Manager shall, as a condition of receiving the payments referred to in this Article 14, execute and deliver all such papers and take all such steps including the legal assignment of his contractual rights, as the Owner may require for the purpose of fully vesting in him the rights and benefits of the Construction Manager under such obligations or commitments. The Owner does not assume any responsibility for liabilities of the Construction Manager relating to issues that were in dispute between the Construction Manager or any contractor, subcontractor or supplier existing prior to termination.

Termination by Owner Without Cause. A. 1. If the Owner terminates this Agreement other than pursuant to section 14.2 B. Article 14.2(2) or section 14.2 C.Article 14.2(3), he shall reimburse the Construction Manager for any unpaid Cost of the Project due him under Article 9, plus that part of the unpaid balance of the Construction Phase Fee in an amount as will increase the payment on account of his fee to a sum which bears the same ratio to the Construction Phase Fee as the Cost of the Project, including a reasonable profit, Project at the time of termination bears to the Guaranteed Maximum Price, if established, otherwise to the Owner's Construction Budget. The Owner shall also pay to the Construction Manager fair compensation, either by purchase or rental at the election of the Owner, for any equipment retained, and reasonable field overhead and profit on work performed. In case of such termination of Agreement the Owner shall may further assume, accept assignment of assume and become liable for obligations obligations, and commitments that the Construction Manager has previously undertaken or incurred in good faith in connection with said Project. The Construction Manager shall, as a condition of receiving the payments referred to in this Article 14, execute and deliver all such papers and take all such steps including the legal assignment of his contractual rights, as the Owner may require for the purpose of fully vesting in him the rights and benefits of the Construction Manager under such obligations or commitments. The Owner does not assume any responsibility for liabilities of the Construction Manager legal expenses relating to issues that were in dispute between the Construction Manager or any contractor, subcontractor or supplier existing prior to of termination.