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 CM/GC, the termination shall be considered to be a Termination Without Cause and the sole remedy available to the CM/GC shall be the contractual treatment of the termination pursuant to Article 5.3.4 above and without any other damages or relief. CM/GC’s Right to Terminate.
Appears in 10 contracts
Samples: Construction Management Agreement, Construction Management Agreement, Construction Management Agreement
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 CM/GC, the termination shall be considered to be a Termination Without Cause and the sole remedy available to the CM/GC shall be the contractual treatment of the termination pursuant to Article 5.3.4 above and without any other damages or relief. CM/GC’s Right to Terminate.
Appears in 3 contracts
Samples: Construction Management Agreement, Construction Management Agreement, Construction Management Agreement
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 CM/GC, the termination shall be considered to be a Termination Without Cause and the sole remedy available to the CM/GC shall be the contractual treatment of the termination pursuant to Article Section 5.3.4 above and without any other damages or relief. CM/GC’s Right to Terminate.
Appears in 1 contract
Samples: Construction Management Agreement
