Common use of Failure to Accept Clause in Contracts

Failure to Accept. THE GMP PROPOSAL Unless the Owner accepts the GMP Proposal in writing on or before the date specified in the GMP Proposal for such acceptance and so notifies the Construction Manager, the GMP Proposal shall not be effective. If the Owner fails to accept the GMP Proposal, or rejects the GMP Proposal, the Owner shall have the right to: 3.4.9.1 suggest modifications to the GMP Proposal. If such modifications are accepted in writing by the Construction Manager, the GMP Proposal shall be deemed accepted in accordance with subsection 3.4.6; 3.4.9.2 direct the Construction Manager to proceed on the basis of reimbursement as provided in Article 7 and Article 8 without a GMP, in which case all references in this Agreement to the GMP shall not be applicable. In the absence of a GMP the Parties may establish a date of Substantial Completion or a date of Final Completion; or 3.4.9.3 terminate the Agreement for convenience in accordance with Section 12.4.

Failure to Accept. THE GMP PROPOSAL Unless the Owner accepts the GMP Proposal in writing on or before the date specified in the GMP Proposal for such acceptance and so notifies the Construction Manager, the GMP Proposal shall not be effective. If the Owner fails to accept the GMP Proposal, or rejects the GMP Proposal, the Owner shall have the right to: 3.4.9.1 suggest modifications to the GMP Proposal. If such modifications are accepted in writing by the Construction Manager, the GMP Proposal shall be deemed accepted in accordance with subsection 3.4.6; 3.4.9.2 direct the Construction Manager to proceed on the basis of reimbursement as provided in Article ARTICLE 7 and Article ARTICLE 8 without a GMP, in which case all references in this Agreement to the GMP shall not be applicable; or 3.4.9.3 terminate the Agreement for convenience in accordance with section 12.4. In the absence of a GMP the Parties may establish a date Date of Substantial Completion or a date Date of Final Completion; or 3.4.9.3 terminate the Agreement for convenience in accordance with Section 12.4.