Common use of Failure to Agree Clause in Contracts

Failure to Agree. In the event of the failure of the CONTRACTOR and the OWNER to agree, as provided herein, upon the whole amount to be paid to the CONTRACTOR by reason of the termination of work pursuant to this section, the OWNER shall determine, on the basis of information available to it, the amount, if any, due to the CONTRACTOR by reason of the termination and shall pay to the CONTRACTOR the amounts determined. No amount shall be due for lost or anticipated profits.

Appears in 17 contracts

Samples: Construction Agreement, Construction Agreement, Construction Agreement

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