Common use of Destruction and Damage Clause in Contracts

Destruction and Damage. If the Project is destroyed or damaged for any reason, except where such destruction or damage was caused by the sole negligence of the Contractor or its subcontractors, Owner shall pay Contractor for any additional work done by Contractor in rebuilding or restoring the Project to its condition prior to such destruction or damage. If the estimated cost of replacing work already accomplished by Contractor exceeds 20 percent of the Contract price, either the Contractor or Owner may terminate this Contract. Upon termination by either party, Contractor shall be excused from further performance under this Contract and Owner shall pay Contractor a percentage of the Contract price in proportion to the amount of work accomplished prior to the destruction or damage.

Destruction and Damage. If the Project is destroyed or damaged for any reason, except where such destruction or damage was caused by to the sole extent of the negligence of the Contractor C3 or its subcontractors, Owner shall pay Contractor C3 for any additional work done by Contractor C3 in rebuilding or restoring the Project to its condition prior to such destruction or damage. If the estimated cost of replacing work already accomplished by Contractor C3 exceeds 20 percent of the Contract price, either the Contractor C3 or Owner may terminate this Contract. Upon termination by either party, Contractor C3 shall be excused from further performance under this Contract and Owner shall pay Contractor C3 a percentage of the Contract price in proportion to the amount of work accomplished prior to the destruction or damage.