Failure to Accept the GMP Proposal. If Owner rejects the GMP Proposal, or fails to notify Design-Builder in writing on or before the date specified in the GMP Proposal that it accepts the GMP Proposal, the GMP Proposal shall be deemed withdrawn and of no effect. In such event, Owner and Design-Builder shall meet and confer as to how the Project will proceed, with Owner having the following options: 5.8.2.3.1 Owner may suggest modifications to the GMP Proposal, whereupon, if such modifications are accepted in writing by Design-Builder, the GMP Proposal shall be deemed accepted and the Parties shall proceed in accordance with Section 5.8.2.2; or 5.8.2.3.2 Owner may terminate this Agreement for convenience in accordance with Article 16; provided, however, in this event, Design-Builder shall not be entitled to the payment provided for in Article 16.
Appears in 4 contracts
Samples: Design Build Contract, Design Build Contract, Design Build Contract
Failure to Accept the GMP Proposal. If Owner rejects the GMP Proposal, or fails to notify Design-Builder in writing on or before the date specified in the GMP Proposal that it accepts the GMP Proposal, the GMP Proposal shall be deemed withdrawn and of no effect. In such event, Owner and Design-Builder shall meet and confer as to how the Project will proceed, with Owner having the following options:
5.8.2.3.1 .1 Owner may suggest modifications to the GMP Proposal, whereupon, if such modifications are accepted in writing by Design-Builder, the GMP Proposal shall be deemed accepted and the Parties parties shall proceed in accordance with Section 5.8.2.2; or2.6 above;
5.8.2.3.2 .2 Owner may terminate this Agreement for convenience in accordance with Article 16; provided, however, in this event, if Design–Build has performed the Services in good faith, Design-Builder shall not be entitled to full payment of the payment provided fee established for in Article 16.the Services under this Agreement
Appears in 1 contract
Samples: Agreement for Phase 1 Services
Failure to Accept the GMP Proposal. If Owner rejects the GMP Proposal, or fails to notify Design-Builder in writing on or before the date specified in the GMP Proposal that it accepts the GMP Proposal, the GMP Proposal shall be deemed withdrawn and of no effect. In such event, Owner and Design-Builder shall meet and confer as to how the Project will proceed, with Owner having the following options:deemed
5.8.2.3.1 Owner may suggest modifications to the GMP Proposal, whereupon, if such modifications are accepted in writing by Design-Builder, the GMP Proposal shall be deemed accepted and the Parties shall proceed in accordance with Section 5.8.2.2; or
5.8.2.3.2 Owner may terminate this Agreement for convenience in accordance with Article 16; provided, however, in this event, Design-Builder shall not be entitled to the payment provided for in Article 16.
Appears in 1 contract
Samples: Design Build Contract
Failure to Accept the GMP Proposal. If Owner rejects the GMP Proposal, or fails to notify Design-Builder in writing on or before the date specified in the GMP Proposal that it accepts the GMP Proposal, the GMP Proposal shall be deemed withdrawn and of no effect. In such event, Owner and Design-Builder shall meet and confer as to how the Project will proceed, with Owner having the following options:
5.8.2.3.1 .1 Owner may suggest modifications to the GMP Proposal, whereupon, if such modifications are accepted in writing by Design-Builder, the GMP Proposal shall be deemed accepted and the Parties parties shall proceed in accordance with Section 5.8.2.2; or2.5 above;
5.8.2.3.2 .2 Owner may terminate this Agreement for convenience in accordance with Article 16; provided, however, in this event, if Design – Builder has performed the Services in good faith, Design-Builder shall not be entitled to full payment of the payment provided fee established for in Article 16the Services under this Agreement.
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Design Builder