Common use of General Contractor’s Rights Clause in Contracts

General Contractor’s Rights. If Owner elects to terminate this Agreement pursuant to this Section 16.1, then Owner may employ any other person, firm or corporation (the “Replacement Contractor”) to finish the Work in accordance with the terms of this Agreement and the Subcontracts (subject to the obligations under such Subcontracts) as may be assigned to such Replacement Contractor pursuant to Section 16.1.4.4 by whatever reasonable method that Owner may deem expedient. Owner shall be required to mitigate reasonably the cost of such completion of the Work but may make such expenditures as in Owner’s sole reasonable judgment will best accomplish the timely completion of the Facility, provided Owner shall not be required or expected to mitigate any such costs by terminating, repudiating or renegotiating any Subcontract. Contractor, if so requested by Owner, shall provide Owner, any Replacement Contractor or Lender, at Contractor’s expense, with the right to continue to use any and the patented and/or proprietary information that Contractor has rights to use, if any (subject to reasonable proprietary restrictions) which Owner reasonably deems necessary to complete the Facility. Upon such termination, Contractor shall not be entitled to receive any further payments under this Agreement except for payments for Work performed in accordance with the terms of this Agreement prior to such termination.

Appears in 4 contracts

Samples: Procurement and Construction Agreement, Engineering, Procurement and Construction Agreement (USA Synthetic Fuel Corp), Engineering, Procurement and Construction Agreement (USA Synthetic Fuel Corp)

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