Common use of CONSTRUCTION MANAGER'S RIGHT TO TERMINATE Clause in Contracts

CONSTRUCTION MANAGER'S RIGHT TO TERMINATE. 12.5.1 Upon seven (7) Days' written notice to the Owner, the Construction Manager may terminate this Agreement if the Work has been stopped for a thirty (30) Day period through no fault of the Construction Manager for any of the following reasons: (a) under court order or order of other governmental authorities having jurisdiction; (b) as a result of the declaration of a national emergency or other governmental act during which, through no act or fault of the Construction Manager, materials are not available; or (c) suspension by the Owner for convenience pursuant to Section 12.1. 12.5.2 In addition, upon seven (7) Days' written notice to the Owner, the Construction Manager may terminate this Agreement if the Owner: (a) assigns this Agreement over the Construction Manager's reasonable objection, or (b) fails to pay the Construction Manager in accordance with this Agreement and the Construction Manager has complied with Section 10.5, or (c) upon termination by the Construction Manager in accordance with this section, the Construction Manager shall be entitled to recover from the Owner payment for all Work properly executed.