Common use of Design-Builder’s Right to Terminate for Cause Clause in Contracts

Design-Builder’s Right to Terminate for Cause. 11.4.1 Design-Builder, in addition to any other rights and remedies provided in the Contract Documents or by law, may terminate the Agreement for cause for the following reasons: .1 The Work has been stopped for sixty (60) consecutive days, or more than ninety (90) days during the duration of the Project, because of court order, any government authority having jurisdiction over the Work, or orders by Owner under Section 11.1.1 hereof, provided that such stoppages are not due to the acts or omissions of Design-Builder or anyone for whose acts Design-Builder may be responsible. .2 Owner's failure to provide Design-Builder with any information, permits or approvals that are Owner's responsibility under the Contract Documents which result in the Work being stopped for sixty (60) consecutive days, or more than ninety (90) days during the duration of the Project, even though Owner has not ordered Design-Builder in writing to stop and suspend the Work pursuant to Section 11.1.1 hereof. .3 Owner's failure to cure the problems set forth in Section 11.3.1 above after Design-Builder has stopped the Work. 11.4.2 Upon the occurrence of an event set forth in Section 11.4.1 above, Design-Builder may provide written notice to Owner that it intends to terminate the Agreement unless the problem cited is cured, or commenced to be cured, within seven (7) days of Owner's receipt of such notice. If Owner fails to cure, or reasonably commence to cure, such problem, then Design-Builder may give a second written notice to Owner of its intent to terminate within an additional seven (7) day period. If Owner, within such second seven (7) day period, fails to cure, or reasonably commence to cure, such problem, then Design-Builder may declare the Agreement terminated for default by providing written notice to Owner of such declaration. In such case, Design-Builder shall be entitled to recover in the same manner as if Owner had terminated the Agreement for its convenience under Article 8 of the Agreement.

Design-Builder’s Right to Terminate for Cause. 11.4.1 Design-Builder, in addition to any other rights and remedies provided in the Contract Documents or by law, may terminate the Agreement for cause for the following reasons: .1 The Work has been stopped for sixty (60) consecutive days, or more than ninety (90) consecutive days during the duration of the Project, because of any court order, any order of a government authority having jurisdiction over the Work, or orders by Owner under Section 11.1.1 hereof, provided that such stoppages are stoppage does not due relate to or arise from the acts or omissions of any Design-Builder or anyone for whose acts Design-Builder may be responsible.Parties; .2 Owner's ’s failure to provide Design-Builder with any information, permits or approvals that are Owner's ’s responsibility under the Contract Documents which result results in the Work being stopped for sixty (60) consecutive days, or more than ninety (90) days during the duration of the Projectconsecutive days, even though Owner has not ordered Design-Builder in writing to stop and suspend the Work pursuant to Section 11.1.1 hereof.hereof provided that such stoppage does not relate to or arise from the acts or omissions of any of the Design-Build Parties; or .3 Owner's ’s failure to cure the problems set forth in Section 11.3.1 above after Design-Builder has stopped the Work. 11.4.2 Upon the occurrence of an event set forth in Section 11.4.1 above, Design-Builder may provide written notice to Owner that it intends to terminate the Agreement unless the problem cited is cured, or commenced to be cured, within seven ten (710) days of Owner's ’s receipt of such notice. If Owner fails to cure, or reasonably commence to cure, such problem, then Design-Builder may give a second written notice to Owner of its intent to terminate within an additional seven five (75) day period. If Owner, within such second seven five (75) day period, fails to cure, or reasonably commence to cure, such problem, then Design-Builder may declare the Agreement terminated for default by providing written notice to Owner of such declaration. In such case, Design-Builder shall be entitled to recover in the same manner as if Owner had terminated the Agreement for its convenience under Article 8 of the AgreementAgreement provided Design-Builder provides all releases and waivers of liens and other materials in the same manner as would be required upon Final Completion.

Design-Builder’s Right to Terminate for Cause. 11.4.1 11.3.1 Design-Builder, in addition to any other rights and remedies provided in the Contract Documents or by law, may terminate the Agreement for cause for the following reasons: .1 The Work has been stopped for sixty (60) consecutive days, or more than ninety one hundred twenty (90120) days during the duration of the Project, because of court order, any government authority having jurisdiction over the Work, or orders by Owner under Section 11.1.1 hereof, provided that such stoppages are not due to the acts or omissions of Design-Builder or anyone for whose acts Design-Builder may be responsible. .2 Owner's ’s failure to provide Design-Builder with any information, permits or approvals that are Owner's ’s responsibility under the Contract Documents which result in the Work being stopped for sixty (60) consecutive days, or more than ninety (90) days during the duration of the Project, even though Owner has not ordered Design-Builder in writing to stop and suspend the Work pursuant to Section 11.1.1 hereof.Work .3 Owner's failure to cure the problems set forth in Section 11.3.1 above after Design-Builder has stopped the Work. 11.4.2 11.3.2 Upon the occurrence of an event set forth in Section 11.4.1 above, Design-Builder may provide written notice to Owner that it intends to terminate the Agreement unless the problem cited is cured, or commenced to be cured, within seven (7) days of Owner's ’s receipt of such notice. If Owner fails to cure, or reasonably commence to cure, such problem, then Design-Builder may give a second written notice to Owner of its intent to terminate within an additional seven (7) day period. If Owner, within such second seven (7) day period, fails to cure, or reasonably commence to cure, such problem, then Design-Builder may declare the Agreement terminated for default by providing written notice to Owner of such declaration. In such case, Design-Builder shall be entitled to recover in the same manner as if Owner had terminated the Agreement for its convenience under Article 8 of the Agreement.

Design-Builder’s Right to Terminate for Cause. 11.4.1 A. Design-Builder, in addition to any other rights and remedies provided in the Contract Documents or by law, may terminate the Agreement Contract for cause for the following reasons: .1 1. The Work has been stopped for sixty (60) consecutive days, or more than ninety (90) days during the duration of the Project, because of court order, any government authority having jurisdiction over the Work, or orders by Owner Owner/DES under Section 11.1.1 Section 11.1. A hereof, provided that such stoppages are not due to the acts or omissions of Design-Builder or anyone for whose acts Design-Builder may be responsible. .2 2. Owner's ’s failure to provide Design-Builder with any information, permits or approvals that are Owner's ’s responsibility under the Contract Documents which result in the Work being stopped for sixty (60) consecutive days, or more than ninety (90) days during the duration of the Project, even though Owner Owner/DES has not ordered Design-Builder in writing to stop and suspend the Work pursuant to Section 11.1.1 11.1.A hereof. .3 Owner's failure to cure the problems set forth in Section 11.3.1 above after Design-Builder has stopped the Work. 11.4.2 B. Upon the occurrence of an event set forth in Section 11.4.1 11.4.A above, Design-Builder may provide written notice to Owner Owner/DES that it intends to terminate the Agreement Contract unless the problem cited is cured, or commenced to be cured, within seven (7) days of Owner's ’s receipt of such notice. If Owner Owner/DES fails to cure, or reasonably commence to cure, such problem, then Design-Builder may give a second written notice to Owner Owner/DES of its intent to terminate within an additional seven (7) day period. If Owner/DES, within such second seven (7) day period, fails to cure, or reasonably commence to cure, such problem, then Design-Builder may declare the Agreement Contract terminated for default by providing written notice to Owner Owner/DES of such declaration. In such case, Design-Builder shall be entitled to recover in the same manner as if Owner Owner/DES had terminated the Agreement Contract for its convenience under Article 8 of the AgreementContract.