Common use of Failure to Agree Upon GMP Clause in Contracts

Failure to Agree Upon GMP. The Department shall have the right to terminate this Agreement in the event that the Department and the Design-Builder are unable to agree upon a GMP for the Project and the Department shall have the right, but not the obligation, to assume any of the Design-Builder’s trade subcontracts upon such terms and conditions as requested by the Department. The Department’s decision to terminate under this Section shall be made in the Department’s sole and absolute judgment and shall not be subject to review by any reviewing body, including, but not limited to, arbitrators appointed under this Agreement or any court of competent jurisdiction.

Failure to Agree Upon GMP. The Department shall have the right to terminate this Agreement in the event that the Department and the Design-Builder Contractor are unable to agree upon a GMP for the Project and the Department shall have the right, but not the obligation, to assume any of the Design-BuilderContractor’s trade subcontracts upon such terms and conditions as requested by the Department. The Department’s decision to terminate under this Section shall be made in the Department’s sole and absolute judgment and shall not be subject to review by any reviewing body, including, but not limited to, arbitrators appointed under this Agreement or any court of competent jurisdiction.

Failure to Agree Upon GMP. The Department shall have the right to terminate this Agreement in the event that the Department and the Design-Builder Construction Manager are unable to agree upon a GMP for the Project and the Department shall have the right, but not the obligation, to assume any of the Design-BuilderConstruction Manager’s trade subcontracts upon such terms and conditions as requested by the Department. The Department’s decision to terminate under this Section shall be made in the Department’s sole and absolute judgment and shall not be subject to review by any reviewing body, including, but not limited to, arbitrators appointed under this Agreement or any court of competent jurisdiction.