Common use of Owner May Terminate for Cause Clause in Contracts

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: 20.2.1 Demolition Contractor's persistent failure to perform the Demolition 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 Demolition 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 Demolition Contractor's disregard of the authority of Architect; or 20.2.4 Demolition 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 Demolition Contractor (and the surety, if any) seven (7) days written notice, terminate the services of Demolition Contractor, exclude Demolition Contractor from the Site, incorporate in the Demolition Work all equipment and salvageable or recyclable materials and equipment stored at the Site or for which Owner has paid Demolition Contractor but which are stored elsewhere, and finish the Demolition Work as Owner may deem expedient. In such case, Demolition Contractor shall not be entitled to receive any further payment until the Demolition 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 Demolition Work, such excess will be paid to Demolition Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Demolition 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 Demolition Work performed. 20.2.6 Where Demolition Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Demolition Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Demolition Contractor by Owner will not release Demolition Contractor from liability.

Owner May Terminate for Cause. A. The occurrence of any one or more of the following events will justify termination for cause: 20.2.1 1. Contractor's persistent ’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 Progress Schedule as adjusted from time to time); 20.2.2 2. Contractor's ’s disregard of federal, state Laws or local laws, regulations, or ordinances, School District policies, or Regulations of any public body having jurisdiction; 20.2.3 Contractor's disregard of the authority of Architect; or 20.2.4 3. Contractor's ’s violation in any substantial way of any provisions of the Contract Documents. 20.2.5 B. If one or more of the events identified in subparagraphs 1 through 4 above Paragraph 12.02.A occur, Owner may, after giving Contractor (and the surety, if any) seven (7) days written notice, notice of its intent to terminate the services of Contractor, exclude : 1. Exclude Contractor from the Site, incorporate 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 finish and 3. Complete the Work as Owner may deem expedient. In such case. C. If Owner proceeds as provided in Paragraph 12.02.B, Contractor shall not be entitled to receive any further payment until the Work is finishedcompleted. 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 Paragraph Owner shall not be required to obtain the lowest price for the Work performed. 20.2.6 D. Notwithstanding Paragraphs 12.02.B and 12.02.C, Contractor’s services will not be terminated if Contractor 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 30 days of receipt of said notice. E. Where Contractor's ’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. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 7.01, the termination procedures of that bond shall supersede the provisions of Paragraphs 12.02.B, and 12.02.C.

Owner May Terminate for Cause. 11.1 The occurrence of any one or more of the following events will constitute a default by Contractor and justify termination for cause: 20.2.1 11.1.1 Contractor's ’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 timeProgress Schedule); 20.2.2 11.1.2 Failure of Contractor to perform or otherwise to comply with a material term of the Contract Documents; 11.1.3 Contractor's ’s disregard of federal, state Laws or local laws, regulations, or ordinances, School District policies, or Regulations of any public body having jurisdiction; 20.2.3 11.1.4 Contractor's ’s repeated disregard of the authority of Owner or Architect; or 20.2.4 Contractor's violation 11.1.5 Contractor becomes involved as a debtor in any a bankruptcy proceeding, or becomes involved in a reorganization, dissolution, or liquidation proceeding, or if a trustee or receiver is appointed over all or a substantial way of any provisions portion of the Contract Documentsproperty of Contractor under federal bankruptcy law or any state insolvency law. 20.2.5 11.2 If one or more of the events identified in subparagraphs 1 through 4 above occurArticle 11.1 occurs, Owner may, then after giving Contractor (and any surety) 10 days written notice that Owner is considering a declaration that Contractor is in default and termination of the Contract, Owner may proceed to: 11.2.1 declare Contractor to be in default, give Contractor (and any surety) notice that the Contract is terminated, and enforce the rights available to Owner under any applicable payment and performance bond; or 11.2.2 notify Contractor of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Contract will be terminated at the end of such time; or 11.2.3 take whatever action is deemed appropriate by Owner. 11.3 Subject to the terms and operation of any applicable performance bond, if any) seven (7) days written noticeOwner has terminated the Contract for cause, terminate the services of Contractor, 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 finish complete the Work as Owner may deem expedient. In such case. 11.4 If Owner proceeds as provided in Article 11.2, Contractor shall not be entitled to receive any further payment until the Work is finishedcompleted. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related 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 costsprofessionals) sustained by Owner arising out of or relating to completing the WorkOwner, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses, and damages exceed exceeds 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 EngineerArchitect, incorporated in a Change Order. When exercising any rights or remedies under this paragraph paragraph, Owner shall not be required to obtain the lowest price for the Work performed. 20.2.6 11.5 Where Contractor's ’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, or any rights or remedies of Owner against Contractor or any surety under any payment bond or performance bond. Any retention or payment of moneys money due Contractor by Owner will not release Contractor from liability. 11.6 If and to the extent that Contractor has provided a performance bond under the provisions of Section 00250, Paragraph O., the provisions of that bond shall govern over any inconsistent provisions of Article 11.2.

Owner May Terminate for Cause. A. The occurrence of any one or more of the following events will justify constitutes a default under the Agreement and justifies termination for cause: 20.2.1 1. Contractor's persistent failure to perform timely commence, prosecute, and/or complete 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 master schedule established under paragraph 2.6.A as adjusted from time to time);, and failure to cure same upon notice. 20.2.2 2. Contractor's disregard of federal, state failure to fully comply with any Laws or local laws, regulations, or ordinances, School District policies, or Regulations of any public body having jurisdiction;, and failure to cure same upon notice. 20.2.3 Contractor's disregard of the authority of Architect; or 20.2.4 3. Contractor's violation in any substantial way of any provisions provision of the Contract Documents, and failure to cure same upon notice. 20.2.5 B. If one or more of the events identified in subparagraphs 1 through 4 above paragraph 14.2.A occur, Owner may, after giving Contractor (and the surety, if any) seven (7) 14 days written notice, terminate the services of Contractor, take possession of any completed Drawings and Specifications prepared by or for Contractor (subject to the indemnification provisions of paragraph 3.5.A), 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), 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, 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, losses and damages sustained by Owner arising out of or resulting from completing the Work (including but not limited to all fees and charges of engineers, architects, attorneys, attorneys and other professionals and all court or arbitration or other dispute resolution litigation 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, losses and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, 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 C. Notwithstanding paragraph 14.2.B, Contractor’s services will not be terminated if Contractor begins, within 14 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 30 days of receipt of said notice or within a specified time depending upon the failure. D. 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: 20.2.1 : • Contractor's ’s persistent failure to perform the Work work in accordance with the Contract Documents 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 timematerials); 20.2.2 ; • Contractor's ’s disregard of federal, state laws or local laws, regulations, or ordinances, School District policies, or regulations of any public body having jurisdiction; 20.2.3 ; • Contractor's ’s disregard of the authority of Architectowner; or 20.2.4 or • Contractor's ’s violation in any substantial way of any provisions of the Contract Documents. 20.2.5 contract documents. If one or more of the events identified in subparagraphs 1 through 4 above occur, Owner maythis section occur Owner, after giving Contractor (and the surety, if any) seven (7) ten days written notice, notice of its intent to terminate the services of Contractor, may: • exclude Contractor from the Sitesite, 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), • incorporate in the Work work all materials and equipment stored at the Site site or for which Owner has paid Contractor but which are stored elsewhere, and finish • complete the Work work as Owner may deem expedient. In such caseIf Owner proceeds as provided in this section, Contractor shall not be entitled to receive any further payment until the Work work is finishedcompleted. If the unpaid balance of the Contract Price 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 Workwork, 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 Engineerapproved, incorporated in a Change Order. When exercising any rights or remedies under this paragraph section, Owner shall not be required to obtain the lowest price for the Work work performed. 20.2.6 . Contractor’s services will not be terminated if Contractor begins within ten 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 30 days of receipt of said notice. Where Contractor's ’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. A. The occurrence of any one or more of the following events will justify justifies termination for cause: 20.2.1 Contractor's 1. Design/Builder’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 established under paragraph 2.06.A as adjusted from time to timetime pursuant to paragraph 6.05);. 20.2.2 Contractor's 2. Design/Builder’s disregard of federal, state Laws or local laws, regulations, or ordinances, School District policies, or Regulations of any public body having jurisdiction;. 20.2.3 Contractor's disregard of the authority of Architect; or 20.2.4 Contractor's 3. Design/Builder’s violation in any substantial way of any provisions of the Contract Documents. 20.2.5 B. If one or more of the events identified in subparagraphs 1 through 4 above paragraph 14.02.A occur, Owner may, after giving Contractor Design/Builder (and the surety, if any) seven (7) days days’ written notice, terminate the services of ContractorDesign/Builder, take possession of any completed Drawings and Specifications prepared by or for Design/Builder (subject to the indemnification provisions of paragraph 3.05.A), exclude Contractor Design/Builder from the Site, and take possession of the Work and of all Design/Builder’s tools, appliances, construction equipment and machinery at the Site and use the same to the full extent they could be used by Design/Builder (without liability to Design/Builder for trespass or conversion), incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor Design/Builder but which are stored elsewhere, and finish the Work as Owner may deem expedient. In such case, Contractor case Design/Builder 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, losses and damages sustained by Owner arising out of or resulting from completing the Work (including but not limited to all fees and charges of engineers, architects, attorneys, 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 ContractorDesign/Builder. If such claims, costs, losses, losses and damages exceed such unpaid balance, Contractor Design/Builder shall pay the difference to Owner. Such claims, costs, losses, 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 C. Notwithstanding paragraph 14.02.B, Design/ Builder’s services will not be terminated if Design/Builder 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 30 days of receipt of said notice. D. Where Contractor's Design/Builder’s services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor Design/Builder then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor Design/Builder by Owner will not release Contractor Design/Builder from liability.