Owner May Terminate for Cause. The occurrence of any one or more of the following events will justify termination for cause:
20.2.1 Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule as adjusted from time to time);
20.2.2 Contractor's disregard of federal, state or local laws, regulations, or ordinances, School District policies, or of any public body having jurisdiction;
20.2.3 Contractor's disregard of the authority of Architect; or
20.2.4 Contractor's violation in any substantial way of any provisions of the Contract Documents.
20.2.5 If one or more of the events identified in subparagraphs 1 through 4 above occur, Owner may, after giving Contractor (and the surety, if any) seven (7) days written notice, terminate the services of Contractor, exclude Contractor from the Site, incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and finish the Work as Owner may deem expedient. In such case, Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Architect as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this paragraph Owner shall not be required to obtain the lowest price for the Work performed.
20.2.6 Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability.
Owner May Terminate for Cause. The occurrence of any one or more of the following events will justify termination for cause:
Owner May Terminate for Cause. A. Contractor’s failure to perform the Work in accordance with the Contract Documents or other failure to comply with a material term of the Contract Documents will constitute a default by Contractor and justify termination for cause.
B. If Contractor defaults in its obligations, then after giving Contractor and any surety ten days written notice that Owner is considering a declaration that Contractor is in default and termination of the Contract, Owner may proceed to:
1. Declare Contractor to be in default, and give Contractor and any surety notice that the Contract is terminated; and
2. Enforce the rights available to Owner under any applicable performance bond.
C. Owner may not proceed with termination of the Contract under Paragraph 15.02.B if Contractor within seven days of receipt of notice of intent to terminate begins to correct its failure to perform and proceeds diligently to cure such failure.
D. Subject to the terms and operation of any applicable performance bond, if Owner has terminated the Contract for cause, Owner may exclude Contractor from the Site, take possession of the Work, incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and complete the Work as Owner may deem expedient.
E. In the case of a termination for cause, if the cost to complete the Work, including related claims, costs, losses, and damages, exceeds the unpaid contract balance, Contractor shall pay the difference to Owner.
Owner May Terminate for Cause. A. The occurrence of one or more of the following events constitutes a default by Contractor and justifies termination for cause:
1. Contractor’s persistent failure to perform the Work in accordance with the Contract Documents, including failure to supply sufficient skilled workers or suitable materials or equipment;
2. Failure to adhere to the Progress Schedule;
3. Failure of the Contractor to provide a satisfactory replacement Bond or insurance in the event either is lost or canceled;
4. Failure of Contractor to maintain financial solvency to adequately complete the Project as indicated by one or more of the following:
a. A petition of bankruptcy is filed by or against Contractor,
b. Contractor is adjudged as bankrupt or insolvent,
c. Contractor or surety makes a general assignment for the benefit of creditors,
d. A receiver is appointed for the benefit of Contractor’s creditors, or
e. A receiver is appointed on account of Contractor’s insolvency;
5. Contractor’s disregard of Laws or Regulations of public bodies having jurisdiction; or
6. Contractor’s repeated disregard of the authority of OPT.
B. Contractor and surety must provide adequate assurance of future performance in accordance with the Contract Documents that is satisfactory to Owner if Contractor is believed to be in financial distress due to the existence of one or more of the indicators listed in Paragraph 18.02.A.4. Owner may terminate Contractor’s performance under this Contract if Contractor and surety fail to provide adequate documentation satisfactory to Owner within 10 days of OAR’s request for this information.
C. Owner may declare Contractor to be in default, give notice to Contractor and surety that Contractor’s performance under the Contract is terminated, and enforce the rights available to Owner under the Performance Bond after giving Contractor and surety 10 days’ notice that one or more of the events identified in Paragraph 18.02.A has occurred.
D. Owner may exclude Contractor from the Site, take possession of the Work, incorporate the materials and equipment stored and complete the Work as Owner may deem expedient if Owner has terminated Contractor’s performance under the Contract for cause.
E. Owner may elect not to proceed with termination of Contractor’s performance under the Contract under this Paragraph 18.02 if Contractor begins to cure the cause for termination within 7 days of receipt of notice of intent to terminate.
F. Contractor is not entitled to receive further pay...
Owner May Terminate for Cause. A. The occurrence of any one or more of the following events justifies termination for cause:
1. DESIGN/BUILDER persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.05.A as revised from time to time.)
2. DESIGN/BUILDER intentionally or willfully disregards Laws or Regulations of any public body having jurisdiction.
Owner May Terminate for Cause.
A. The occurrence of any one or more of the following events will constitute a default by Contractor and justify termination for cause: DRAFT
1. Contractor’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, or failure to adhere to the Progress Schedule);
2. Failure of Contractor to perform or otherwise to comply with a material term of the Contract Documents;
3. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; or
4. Contractor’s repeated disregard of the authority of Owner or Engineer.
B. If one or more of the events identified in Paragraph 16.
Owner May Terminate for Cause. A. The occurrence of any one or more of the following events will justify termination for cause:
1. Construction Manager’s failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); SAMPLE
2. Construction Manager’s disregard of or failure to comply with Laws or Regulations of any public body having jurisdiction or the authority of the Architect;
3. Construction Manager’s failure to make payment to Subcontractors for services, materials or labor in accordance with the respective agreements;
4. Construction Manager is otherwise guilty of a material breach of a provision of the Contract Documents;
5. Construction Manager shall institute proceedings or consent to proceedings requesting relief or arrangement under the Federal Bankruptcy Act or any similar or applicable federal or state law, or if a petition under any federal or state bankruptcy or insolvency law is filed against the Construction Manager and such petition is not dismissed within sixty (60) days from the date of said filing;
6. Construction Manager admits in writing his inability to pay his debts generally as they become due, or if the Construction Manager makes a general assignment for the benefit of his creditors, or if a receiver, liquidator, trustee or assignee is appointed on account of his bankruptcy or insolvency;
7. Construction Manager submits an Application for Payment, sworn statement, waiver of claim, affidavit or document of any nature whatsoever which is intentionally falsified;
8. Construction Manager fails to adequately perform its Preconstruction Services.
B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Construction Manager (and surety) seven days written notice of its intent to terminate the services of Construction Manager:
1. exclude Construction Manager from the Site, and take possession of the Work and of all Construction Manager’s tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Construction Manager (without liability to Construction Manager for trespass or conversion);
2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Construction Manager but...
Owner May Terminate for Cause. A. The occurrence of any one or more of the following events justifies termination for cause:
1. DESIGN/BUILDER persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.05.A as revised from time to time.)
2. DESIGN/BUILDER intentionally or willfully disregards Laws or Regulations of any public body having jurisdiction.
3. DESIGN/BUILDER otherwise breaches or violates in any material way any provisions of the Contract Documents.
4. DESIGN/BUILDER fails to timely pay its Consultants or Subcontractors any undisputed amounts.
5. DESIGN/BUILDER becomes financially insolvent or files a voluntary petition of bankruptcy, or an involuntary petition of bankruptcy is filed that is not dismissed within ninety (90) days after the date of such filing.
B. OWNER may, after giving DESIGN/BUILDER written notice of the occurrence of an event in paragraph 14.02.A and twenty (20) days therefrom to remedy such event (or, if such event is not capable of being remedied within such twenty (20) days, such number of days as is reasonably needed to remedy such event), and to the extent permitted by Laws and Regulations, terminate the services of DESIGN/BUILDER, exclude DESIGN/BUILDER from the Site and take possession of the Work incorporate in the Work all materials and equipment stored at the Site or elsewhere for which OWNER has paid DESIGN/BUILDER and finish the Work as OWNER may deem expedient. In such case DESIGN/BUILDER shall not be entitled to receive any further payment other than reimbursement for DESIGN/BUILDER’s payments to Subcontractors and Suppliers for labor, services, equipment and materials prior to the date of termination, but only to the extent not previously paid by OWNER. If the unpaid balance of the Contract Price exceeds all reasonable costs incurred by OWNER resulting from completing the Work (including but not limited to all reasonable fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) such excess will be paid to DESIGN/BUILDER. If all reasonable costs incurred by OWNER to complete the Work (including but not limited to all reasonable fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolut...
Owner May Terminate for Cause. A. The occurrence of any one or more of the following events justifies termination for cause:
1. NEI's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficiently skilled workers or suitable materials or equipment or failure to adhere to the progress schedule as may be adjusted from time to time).
2. NEI's disregard of Laws or Regulations of any public body having jurisdiction.
3. NEI's violation in any substantial way of provisions of the Contract Documents.
B. If one or more of the events identified in Paragraph 16.02A occur, OWNER may, after giving NEI thirty days' written notice, terminate the services of NEI, take possession of any completed Drawings and Specifications prepared by or for NEI (subject to the indemnification provisions of Paragraph 11.12), exclude NEI from the Site, and take possession of the Work.
C. Notwithstanding Paragraph 16.02B, NEI’s services will not be terminated if NEI begins, within seven days of receipt of notice of intent to terminate, to correct its failure to perform and proceeds diligently to cure such failure within no more than thirty days of receipt of said notice.
Owner May Terminate for Cause. A. The occurrence of any one or more of the following events will justify termination for cause:
1. Contractor’s failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule as adjusted from time to time);
2. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; or
3. Contractor’s violation in any substantial way of any provisions of the Contract Documents.
B. If one or more of the events identified in Paragraph 14.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor:
1. Exclude Contractor from the Site, and take possession of the Work and of all Contractor’s tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion),
2. Incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and
3. Complete the Work as Owner may deem expedient.