Common use of Failure to Furnish an Acceptable GMP Clause in Contracts

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.

Appears in 8 contracts

Samples: Cm/Gc Contract, Construction Manager/General Contractor Contract, Construction Manager/General Contractor Contract

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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 this Contract without liability, and the CM/GC shall not receive additional compensation beyond the Preconstruction Fee under the this Contract and sums due under any Early Work Amendment. Termination under this provision shall proceed under Section J.5 of 10.E.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.

Appears in 5 contracts

Samples: Cm/Gc Contract, Cm/Gc Contract, Cm/Gc Contract

Failure to Furnish an Acceptable GMP. If the CM/GC does not furnish a GMP acceptable to Owner within Owner's ’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 Oregon Tech General Conditions as a termination for Owner's ’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.

Appears in 2 contracts

Samples: Construction Manager/General Contractor Contract, Construction Manager/General Contractor Contract

Failure to Furnish an Acceptable GMP. If the CM/GC Contractor does not furnish a GMP acceptable to Owner within Owner's ’s Target GMP RangeRange (stated on the cover page of this 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 Contractor 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 J of the OSU General Conditions as a termination for Owner's ’s convenience. CM/GC Contractor further agrees that Owner shall not be liable for any damages whether actual, consequential or otherwise for termination of the Contract under this provision.

Appears in 2 contracts

Samples: Construction Services Contract, Emergency Construction Services Contract

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 OUS General Conditions, as adjusted in the Supplemental 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.

Appears in 2 contracts

Samples: Construction Manager/General Contractor Contract, Construction Manager/General Contractor Contract

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 OUS 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.

Appears in 2 contracts

Samples: Cm/Gc Contract, Construction Manager/General Contractor Contract

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 this 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.

Appears in 2 contracts

Samples: Construction Manager/General Contractor Contract, Cm/Gc Contract

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Failure to Furnish an Acceptable GMP. If the CM/GC does not furnish a GMP acceptable to Owner within Owner's Target GMP RangeGMP, 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 Article 2.4(a) as a termination for Owner's convenience. CM/GC further agrees that Owner shall not be liable for any damages whether actual, consequential consequential, or otherwise for termination of the Contract under this provision.

Appears in 2 contracts

Samples: Construction Manager/General Contractor Contract, Construction Manager/General Contractor (Cm/Gc) Contract

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 Agreement without liability, and the CM/GC shall not receive additional compensation beyond the Preconstruction Fee under the Contract Agreement and sums due under any Early Work Amendment. Termination under this provision shall proceed under Section J.5 of the OSU PSU General Conditions, as adjusted in the Supplemental 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 Agreement under this provision.

Appears in 1 contract

Samples: Construction Manager/General Contractor Agreement

Failure to Furnish an Acceptable GMP. If the CM/GC does not furnish a GMP acceptable to Owner within Owner's Target GMP RangeRange (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 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 Xxxxxx County General Conditions as a termination for Owner's convenience. The 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.

Appears in 1 contract

Samples: Construction Manager/General Contractor Contract

Failure to Furnish an Acceptable GMP. If the CM/GC does not furnish a GMP acceptable to the Owner within the Owner's Target GMP RangeGMP, or if the Owner determines at any time in its sole discretion that the parties Parties may fail to reach a timely agreement on a GMP acceptable to the Owner, the Owner may terminate the Contract without liability, and the CM/GC shall not receive additional compensation beyond the Preconstruction Fee Services 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 the Owner's convenience. The CM/GC further agrees that the Owner shall not be liable for any damages whether actual, consequential or otherwise for termination of the Contract under this provision.

Appears in 1 contract

Samples: Construction Manager/General Contractor Contract

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