Common use of Other Rights Upon Termination Clause in Contracts

Other Rights Upon Termination. In the event of any termination of this Agreement whether with or without cause, Owner shall be free to make any changes and arrangements as Owner deems appropriate in order to obtain completion of the duties which are the obligation of Builder under this Agreement. Upon any termination of this Agreement, Owner and Builder shall be relieved of further performance under this Agreement except as expressly set forth and except that a termination shall in no way affect Builder's indemnity obligations or other legal liability to Owner or invalidate, reduce or restrict the rights of Builder or Owner to pursue remedies for any branch of performance of wrongful act, error or omission occurring prior to the termination, regardless of whether the non performance, act, error or omission was known by the aggrieved party at the time of termination. In addition, Builder shall perform all obligations under this Agreement relating to the cessation and quitting of activities; entry upon the Property; and turnover of all documents and other materials relating to the Project or the sale of the Homes, regardless of whether Builder believes the termination is proper or justified.

Appears in 4 contracts

Samples: Development and Marketing Agreement (Inco Homes Corp), Development and Marketing Agreement (Inco Homes Corp), Development and Marketing Agreement (Inco Homes Corp)

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Other Rights Upon Termination. In the event of any termination of this Agreement whether with or without cause, Owner shall be free to make any changes and arrangements as Owner deems appropriate in order to obtain completion of the duties which are the obligation of Builder under this Agreement. Upon any termination of this Agreement, Owner and Builder shall be relieved of further performance under this Agreement except as expressly set forth and except that a termination shall in no way affect Builder's indemnity obligations or other legal liability to Owner or invalidate, reduce or restrict the rights of Builder or Owner to pursue remedies for any branch breach of performance of or wrongful act, error or omission occurring prior to the termination, regardless of whether the non performancenonperformance, act, error or omission was known by the aggrieved party at the time of termination. In addition, Builder shall perform all obligations under this Agreement relating to the cessation and quitting of activities; entry upon the Property; and turnover of all documents and other materials relating to the Project or the sale of the Homes, regardless of whether Builder believes the termination is proper or justified.

Appears in 1 contract

Samples: Development and Marketing Agreement (Inco Homes Corp)

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