Failure to Furnish an Acceptable GMP. If the CM/GC does not furnish a GMP acceptable to Owner within Owner's Target GMP Range, or if Owner determines at any time in its sole discretion that the parties may fail to reach a timely agreement on a GMP acceptable to Owner, Owner may terminate the Contract without liability, and the CM/GC shall not receive additional compensation beyond the Preconstruction Fee under the Contract and sums due under any Early Work Amendment. Termination under this provision shall proceed under Section J.5 of the OSU General Conditions as a termination for Owner's convenience. CM/GC further agrees that Owner shall not be liable for any damages whether actual, consequential or otherwise for termination of the Contract under this provision.
Failure to Furnish an Acceptable GMP. If the XXXX does not furnish a Cost for the Work, that when added to its proposal for Construction Manager at Risk Fee and Specified General Conditions, its negotiated Preconstruction Fee, NMGRT, and all other costs resulting in a GMP that is within Owner's Target GMP Range bound by the MACC, or if Owner determines at any time in its sole discretion that the parties may fail to reach a timely agreement on a GMP acceptable to Owner, Owner may terminate this Contract without liability, and the Construction Manager at Risk shall not receive additional compensation beyond the Preconstruction Fee under this Contract and sums due under any Early Work Amendment.
Failure to Furnish an Acceptable GMP. If the CM/GC does not furnish a GMP acceptable to the Department, or if the Department determines at any time in its sole discretion that the parties may fail to reach a timely agreement on a GMP acceptable to the Department, the Department may terminate the Contract without liability, and the CM/GC shall not receive additional compensation beyond the Pre-construction Costs under the Contract, payable to the date of termination, together with amounts payable for Work completed and accepted by the Department under an Early Work Amendment, if an Early Work Amendment has been executed, plus any applicable costs of bonds and insurance. Termination under this provision shall proceed under Article 13.1 as a termination for the Department’s convenience. The CM/GC further agrees that the Department shall not be liable for any damages whether actual, consequential or otherwise for termination of the Contract under this provision. The Department may elect to complete the construction Work for this Project utilizing any alternative procurement method available.
Failure to Furnish an Acceptable GMP. If the CM/GC does not furnish a GMP acceptable to Owner within Owner's Target GMP Range (stated on the cover page of this CM/GC Contract), or if Owner determines at any time in its sole discretion that the parties may fail to reach a timely agreement on a GMP acceptable to Owner, Owner may terminate the Contract without liability, and the CM/GC shall notreceive additional compensation beyondthe Preconstruction Fee under the Contract and sums due under any Early Work Amendment. Termination under this provision shall proceed under Section J.5 of the State of Oregon General Conditions as a termination for Owner's convenience. The CM/GC further agrees that Owner shall not beliable for any damages whether actual, consequential, or otherwise for termination of the Contract under this provision.
Failure to Furnish an Acceptable GMP. If ESCO is unable to furnish a GMP within Owner's budget, or if Owner determines at any time in its sole discretion, that the Parties may fail to reach a timely agreement on a GMP acceptable to Owner, Owner may terminate this Contract. ESCO specifically agrees that Owner shall not be liable for any damages whether actual, consequential or otherwise for termination of this Contract under this provision. Provided, however, that if not already paid, Owner will pay ESCO the Audit, Part A Fee and the Project Development Plan Fee if it is due and owing.
Failure to Furnish an Acceptable GMP. If Contractor does not furnish a GMP acceptable to City within City’s Target GMP Range, or if City determines at any time in its sole discretion that the Parties may fail to reach timely agreement on a GMP acceptable to City, City may terminate this Contract without liability, and Contractor will not receive additional compensation beyond the Preconstruction Fee payable under this Contract and sums due and payable under any Early Work Amendment. Termination under this provision will proceed under Section J.5 of the General Conditions as a termination for City’s convenience. Contractor further agrees that City will not be liable for any damages whether actual, consequential or otherwise for termination of the Contract under this provision.
Failure to Furnish an Acceptable GMP. If the CM/GC does not furnish a GMP acceptable to Owner within Owner's budget, or if Owner determines at any time in its sole discretion that the parties may fail to reach a timely agreement on a GMP acceptable to Owner, Owner may terminate the Contract without liability, and the CM/GC shall not receive additional compensation beyond the actual amount for Preconstruction Phase Services performed, and described in Exhibit B, sums due under any Early Work Amendment, and CM/GC’s reasonable termination expenses. Termination under this provision shall proceed under Section J.5 of Exhibit A as a termination for Owner's convenience. CM/GC agrees that Owner shall not be liable for any additional damages whether actual, consequential or otherwise for termination of the Contract under this provision.
Failure to Furnish an Acceptable GMP. In the event that the CM/GC is unable to furnish a GMP within Owner's budget, or if Owner determines at any time in its sole discretion, that the parties may fail to reach a timely agreement on a GMP acceptable to Owner, Owner may terminate this Agreement without liability, and the CM/GC shall not receive additional compensation beyond the Preconstruction Fee under this Agreement. Upon termination of this Agreement under this provision, the parties shall have no further obligations or liabilities under the Agreement. CM/GC further agrees that Owner shall not be liable for any damages whether actual, consequential or otherwise for termination of the Agreement under this provision.
Failure to Furnish an Acceptable GMP. If ESCO is unable to furnish a GMP within Owner's budget, or if Owner determines at any time in its sole discretion, that the Parties may fail to reach a timely agreement on a GMP acceptable to Owner, Owner may terminate this Contract. ESCO specifically agrees that Owner shall not be liable for any damages whether actual, consequential or otherwise for termination of this Contract under this provision. Provided, however, that if not already paid, Owner will pay ESCO the Audit, Part A Fee and the Project Development Plan Fee if it is due and owing. In no event will any fee be paid or due for any work on any Phase for which Owner has not provided a Notice to Proceed.
Failure to Furnish an Acceptable GMP. If ESCO is unable to furnish a GMP within Owner's budget, or if Owner determines at any time in its sole discretion, that the Parties may fail to reach a timely agreement on a GMP acceptable to Owner, Owner may terminate this Contract. ESCO specifically agrees that Owner shall not be liable for any damages whether actual, consequential or otherwise for termination of this Contract under this provision. Provided, however, that if not already paid, Owner will pay ESCO the Audit, Part A Fee and the Project Development Plan Fee if it is due and owing. In no event will any fee be paid or due for any work on any Phase for which Owner has not provided a Notice to Proceed.
