Common use of Cease and Desist Order Clause in Contracts

Cease and Desist Order. If the DB fails or refuses to perform or fails to correct defective Work as required, or persistently fails to carry out the Work in accordance with the Contract, the Owner may, by written notice, order the DB to cease and desist in performing the Work or any portion of the Work until the cause for the order has been eliminated to the satisfaction of the Owner. Upon receipt of such instruction, the DB shall immediately cease and desist as instructed by the Owner and shall not proceed further until the cause for the Owner’s order has been corrected, no longer exists, or the Owner instructs that the Work may resume. 23.1.1 The DB shall not be entitled to an adjustment in the Contract Time, the GMP, or the Contract Sum under this clause since such stoppages are considered to be the fault of the DB. 23.1.2 The right of the Owner to stop Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the DB or others. 23.1.3 In the event the Owner issues instructions to cease and desist, and in the further event that the DB fails and refuses with seven (7) calendar days to provide adequate assurance to the Owner that the cause of such instructions will be eliminated or corrected, then the Owner shall have the right, but not the obligation, to carry out the Work or any portion of the Work with its own forces, or with the forces of another construction manager or contractor, and the DB shall be responsible for the cost of performing such Work by the Owner. 23.1.4 The rights set forth herein are in addition to, and without prejudice to, any other rights or remedies the Owner may have against the DB.

Cease and Desist Order. If the DB Construction Manager fails or refuses to perform or fails to correct defective Work as required, or persistently fails to carry out the Work in accordance with the ContractContract for Construction Management, the Owner may, by written notice, order the DB Construction Manager to cease and desist in performing the Work or any portion of the Work until the cause for the order has been eliminated to the satisfaction of the Owner. Upon receipt of such instruction, the DB Construction Manager shall immediately cease and desist as instructed by the Owner and shall not proceed further until the cause for the Owner’s order has been corrected, no longer exists, or the Owner instructs that the Work may resume. 23.1.1 The DB Construction Manager shall not be entitled to an adjustment in the Contract Time, the GMP, time for performance or the Contract Sum Construction Price under this clause since such stoppages are considered to be the fault of the DBConstruction Manager. 23.1.2 The right of the Owner to stop Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the DB Construction Manager or others. 23.1.3 In the event the Owner issues instructions to cease and desist, and in the further event that the DB Construction Manager fails and refuses with seven (7) calendar days to provide adequate assurance to the Owner that the cause of such instructions will be eliminated or corrected, then the Owner shall have the right, but not the obligation, to carry out the Work in accordance with Paragraph 23.2 below, or any portion of the Work with its own forces, or with the forces of another construction manager or contractor, and the DB Construction Manager shall be responsible for the cost of performing such Work by the Owner. 23.1.4 The rights set forth herein are in addition to, and without prejudice to, any other rights or remedies the Owner may have against the DBConstruction Manager.

Cease and Desist Order. If the DB General Contractor fails or refuses to perform or fails to correct defective Work as required, or persistently fails to carry out the Work in accordance with the ContractAgreement, the Owner may, by written notice, order the DB General Contractor to cease and desist in performing the Work or any portion of the Work until the cause for the order has been eliminated to the satisfaction of the Owner. Upon receipt of such instruction, the DB General Contractor shall immediately cease and desist as instructed by the Owner and shall not proceed further until the cause for the Owner’s order has been corrected, no longer exists, or the Owner instructs that the Work may resume. 23.1.1 The DB General Contractor shall not be entitled to an adjustment in the Contract Time, the GMP, time for performance or the Contract Sum under this clause since such stoppages are considered to be the fault of the DBGeneral Contractor. 23.1.2 The right of the Owner to stop Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the DB General Contractor or others. 23.1.3 In the event the Owner issues instructions to cease and desist, and in the further event that the DB General Contractor fails and refuses with seven (7) calendar days to provide adequate assurance to the Owner that the cause of such instructions will be eliminated or corrected, then the Owner shall have the right, but not the obligation, to carry out the Work or any portion of the Work with its own forces, or with the forces of another construction manager or contractorGeneral Contractor, and the DB General Contractor shall be responsible for the cost of performing such Work by the Owner. 23.1.4 The rights set forth herein are in addition to, and without prejudice to, any other rights or remedies the Owner may have against the DBGeneral Contractor.

Cease and Desist Order. If the DB General Contractor fails or refuses to perform or fails to correct defective Work as required, or persistently fails to carry out the Work in accordance with the ContractContract For Construction, the Owner may, by written notice, order the DB General Contractor to cease and desist in performing the Work or any portion of the Work until the cause for the order has been eliminated to the satisfaction of the Owner. Upon receipt of such instruction, the DB General Contractor shall immediately cease and desist as instructed by the Owner and shall not proceed further until the cause for the Owner’s order has been corrected, no longer exists, or the Owner instructs that the Work may resume. 23.1.1 21.1.1 The DB General Contractor shall not be entitled to an adjustment in the Contract Time, the GMP, time for performance or the Contract Sum Construction Price under this clause since if such stoppages are considered determined to be the fault of the DBGeneral Contractor. 23.1.2 21.1.2 The right of the Owner to stop Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the DB General Contractor or others. 23.1.3 21.1.3 In the event the Owner issues instructions to cease and desist, and in the further event that the DB General Contractor fails and refuses with within seven (7) calendar days to provide adequate assurance to the Owner that the cause of such instructions will be eliminated or corrected, then the Owner shall have the right, but not the obligation, to carry out the Work or any portion of the Work with its own forces, or with the forces of another construction manager or contractorGeneral Contractor, and the DB General Contractor shall be responsible for the cost of performing such Work by the Owner. 23.1.4 21.1.4 The rights set forth herein are in addition to, and without prejudice to, any other rights or remedies the Owner may have against the DBGeneral Contractor.

Cease and Desist Order. If the DB General Contractor fails or refuses to perform or fails to correct defective Work as required, or persistently fails to carry out the Work in accordance with the ContractContract For Construction, the Owner may, by written notice, order the DB General Contractor to cease and desist in performing the Work or any portion of the Work until the cause for the order has been eliminated to the satisfaction of the Owner. Upon receipt of such instruction, the DB General Contractor shall immediately cease and desist as instructed by the Owner and shall not proceed further until the cause for the Owner’s Owner‟s order has been corrected, no longer exists, or the Owner instructs that the Work may resume. 23.1.1 21.1.1 The DB General Contractor shall not be entitled to an adjustment in the Contract Time, the GMP, time for performance or the Contract Sum Construction Price under this clause since if such stoppages are considered determined to be the fault of the DBGeneral Contractor. 23.1.2 21.1.2 The right of the Owner to stop Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the DB General Contractor or others. 23.1.3 21.1.3 In the event the Owner issues instructions to cease and desist, and in the further event that the DB General Contractor fails and refuses with within seven (7) calendar days to provide adequate assurance to the Owner that the cause of such instructions will be eliminated or corrected, then the Owner shall have the right, but not the obligation, to carry out the Work or any portion of the Work with its own forces, or with the forces of another construction manager or contractorGeneral Contractor, and the DB General Contractor shall be responsible for the cost of performing such Work by the Owner. 23.1.4 21.1.4 The rights set forth herein are in addition to, and without prejudice to, any other rights or remedies the Owner may have against the DBGeneral Contractor.

Cease and Desist Order. If the DB CM fails or refuses to perform or fails to correct defective Work as required, or persistently fails to carry out the Work in accordance with the Contract, the Owner may, by written notice, order the DB CM to cease and desist in performing the Work or any portion of the Work until the cause for the order has been eliminated to the satisfaction of the Owner. Upon receipt of such instruction, the DB CM shall immediately cease and desist as instructed by the Owner and shall not proceed further until the cause for the Owner’s order has been corrected, no longer exists, or the Owner instructs that the Work may resume. 23.1.1 The DB CM shall not be entitled to an adjustment in the Contract Time, the GMP, or the Contract Sum under this clause since such stoppages are considered to be the fault of the DBCM. 23.1.2 The right of the Owner to stop Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the DB CM or others. 23.1.3 In the event the Owner issues instructions to cease and desist, and in the further event that the DB CM fails and refuses with seven (7) calendar days to provide adequate assurance to the Owner that the cause of such instructions will be eliminated or corrected, then the Owner shall have the right, but not the obligation, to carry out the Work or any portion of the Work with its own forces, or with the forces of another construction manager or contractor, and the DB CM shall be responsible for the cost of performing such Work by the Owner. 23.1.4 The rights set forth herein are in addition to, and without prejudice to, any other rights or remedies the Owner may have against the DBCM.

Cease and Desist Order. If the DB CM fails or refuses to perform or fails to correct defective Work as required, or persistently fails to carry out the Work in accordance with the Contract, the Owner may, by written notice, order the DB CM to cease and desist in performing the Work or any portion of the Work until the cause for the order has been eliminated to the satisfaction of the Owner. Upon receipt of such instruction, the DB CM shall immediately cease and desist as instructed by the Owner and shall not proceed further until the cause for the Owner’s order has been corrected, no longer exists, or the Owner instructs that the Work may resume. 23.1.1 The DB CM shall not be entitled to an adjustment in the Contract Time, the GMP, or the Contract Sum under this clause since such stoppages are considered to be the fault of the DBCM. 23.1.2 The right of the Owner to stop Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the DB CM or others. 23.1.3 In the event the Owner issues instructions to cease and desist, and in the further event that the DB CM fails and refuses with seven (7) calendar days to provide adequate assurance to the Owner that the cause of such instructions will be eliminated or corrected, then the Owner shall have the right, but not the obligation, to carry out the Work or any portion of the Work with its own forces, or with the forces of another construction manager or contractor, and the DB shall be responsible for the cost of performing such Work by the Owner.another 23.1.4 The rights set forth herein are in addition to, and without prejudice to, any other rights or remedies the Owner may have against the DBCM.

Cease and Desist Order. If the DB fails or refuses to perform or fails to correct defective Work as required, or persistently fails to carry out the Work in accordance with the Contract, the Owner may, by written notice, order the DB to cease and desist in performing the Work or any portion of the Work until the cause for the order has been eliminated to the satisfaction of the Owner. Upon receipt of such instruction, the DB shall immediately cease and desist as instructed by the Owner and shall not proceed further until the cause for the Owner’s order has been corrected, no longer exists, or the Owner instructs that the Work may resume.the 23.1.1 The DB shall not be entitled to an adjustment in the Contract Time, the GMP, or the Contract Sum under this clause since such stoppages are considered to be the fault of the DB. 23.1.2 The right of the Owner to stop Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the DB or others. 23.1.3 In the event the Owner issues instructions to cease and desist, and in the further event that the DB fails and refuses with seven (7) calendar days to provide adequate assurance to the Owner that the cause of such instructions will be eliminated or corrected, then the Owner shall have the right, but not the obligation, to carry out the Work or any portion of the Work with its own forces, or with the forces of another construction manager or contractor, and the DB shall be responsible for the cost of performing such Work by the Owner. 23.1.4 The rights set forth herein are in addition to, and without prejudice to, any other rights or remedies the Owner may have against the DB.

Cease and Desist Order. If the DB Builder fails or refuses to perform or fails to correct defective Work as required, or persistently fails to carry out the Work in accordance with the ContractContract for Construction, the Owner may, by written notice, order the DB Builder to cease and desist in performing the Work or any portion of the Work until the cause for the order has been eliminated to the satisfaction of the Owner. Upon receipt of such instruction, the DB Builder shall immediately cease and desist as instructed by the Owner and shall not proceed further until the cause for the Owner’s order has been corrected, no longer exists, or the Owner instructs that the Work may resume. 23.1.1 21.1.1 The DB Builder shall not be entitled to an adjustment in the Contract Time, the GMP, time for performance or the Contract Sum Construction Price under this clause since such stoppages are considered to be the fault of the DBBuilder. 23.1.2 21.1.2 The right of the Owner to stop Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the DB Builder or others. 23.1.3 21.1.3 In the event the Owner issues instructions to cease and desist, and in the further event that the DB Builder fails and refuses with seven (7) calendar days to provide adequate assurance to the Owner that the cause of such instructions will be eliminated or corrected, then the Owner shall have the right, but not the obligation, to carry out the Work or any portion of the Work with its own forces, or with the forces of another construction manager or contractorbuilder, and the DB Builder shall be responsible for the cost of performing such Work by the Owner. 23.1.4 21.1.4 The rights set forth herein are in addition to, and without prejudice to, any other rights or remedies the Owner may have against the DBBuilder.

Cease and Desist Order. If the DB Contractor fails or refuses to perform or fails to correct defective Work as required, or persistently fails to carry out the Work in accordance with the ContractAgreement, the Owner may, by written notice, order the DB Contractor to cease and desist in performing the Work or any portion of the Work until the cause for the order has been eliminated to the satisfaction of the Owner. Upon receipt of such instruction, the DB Contractor shall immediately cease and desist as instructed by the Owner and shall not proceed further until the cause for the Owner’s order has been corrected, no longer exists, or the Owner instructs that the Work may resume. 23.1.1 The DB Contractor shall not be entitled to an adjustment in the Contract Time, the GMP, time for performance or the Contract Sum under this clause since such stoppages are considered to be the fault of the DBContractor. 23.1.2 The right of the Owner to stop Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the DB Contractor or others. 23.1.3 In the event the Owner issues instructions to cease and desist, and in the further event that the DB Contractor fails and refuses with seven (7) calendar days to provide adequate assurance to the Owner that the cause of such instructions will be eliminated or corrected, then the Owner shall have the right, but not the obligation, to carry out the Work or any portion of the Work with its own forces, or with the forces of another construction manager or contractorContractor, and the DB Contractor shall be responsible for the cost of performing such Work by the Owner. 23.1.4 The rights set forth herein are in addition to, and without prejudice to, any other rights or remedies the Owner may have against the DBContractor.