Effect of Later Judicial Determination. In the event a court of competent jurisdiction determines (or the parties agree to settle with a consent determination) that a termination for default is wrongful or not the fault of the Design-Builder, the termination shall be considered to be a Termination Without Cause and the sole remedy available to the Design-Builder shall be the contractual treatment of the termination pursuant to Article 5.3.4 above and without any other damages or relief.
Appears in 14 contracts
Samples: Design Build Contract, Design Build Contract, Design Build Contract
Effect of Later Judicial Determination. In the event a court of competent jurisdiction determines (or the parties agree to settle with a consent determination) that a termination for default is wrongful or not the fault of the Design-Builder, the termination shall be considered to be a Termination Without Cause and the sole remedy available to the Design-Builder shall be the contractual treatment of the termination pursuant to Article Section 5.3.4 above and without any other damages or relief.
Appears in 1 contract
Samples: Construction Contract
Effect of Later Judicial Determination. In the event a court of competent jurisdiction determines (or the parties agree to settle with a consent determination) that a termination for default is wrongful or not the fault of the Design-Design- Builder, the termination shall be considered to be a Termination Without Cause and the sole remedy available to the Design-Builder shall be the contractual treatment of the termination pursuant to Article Section 5.3.4 above and without any other damages or relief.
Appears in 1 contract
Samples: Design Build Contract