Common use of Owner’s Election to Continue Construction Clause in Contracts

Owner’s Election to Continue Construction. Without limiting BNPPLC’s other rights and remedies under this Agreement or the other Operative Documents, and without terminating NAI’s surviving obligations under this Agreement or NAI’s obligations under the other Operative Documents, after any Termination of NAI’s Work as provided in subparagraph 7(B) or subparagraph 7(C), BNPPLC will be entitled (but not obligated) to take whatever action it deems necessary or appropriate by the use of legal proceedings or otherwise to continue or complete the Construction Project in a manner not substantially inconsistent (to the extent practicable under Applicable Laws) with the general description of the Construction Project set forth in Exhibit B. (As used herein, “Owner’s Election to Continue Construction” means any election by BNPPLC to continue or complete the Construction Project pursuant to the preceding sentence.) After any Owner’s Election to Continue Construction, BNPPLC may do any one or more of the following pursuant to this subparagraph without further notice and regardless of whether any breach of this Agreement by NAI is then continuing:

Appears in 6 contracts

Samples: Construction Management Agreement (Network Appliance Inc), Construction Agreement (NetApp, Inc.), Construction Agreement (NetApp, Inc.)

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Owner’s Election to Continue Construction. Without limiting BNPPLC’s 's other rights and remedies under this Agreement or the other Operative Documents, and without terminating NAI’s Specialty Laboratories' surviving obligations under this Agreement or NAI’s Specialty Laboratories' obligations under the other Operative Documents, after any Termination of NAI’s Specialty Laboratories' Work as provided in subparagraph 7(B) or subparagraph 7(C), BNPPLC will shall be entitled (but not obligated) to take whatever action it deems necessary or appropriate by the use of legal proceedings or otherwise to continue or complete the Construction Project in a manner not substantially inconsistent (to the extent practicable under Applicable Laws) with the general description of the Construction Project set forth in Exhibit B. (As used herein, "Owner’s 's Election to Continue Construction" means any election by BNPPLC to continue or complete the Construction Project pursuant to the preceding sentence.) After any Owner’s 's Election to Continue Construction, BNPPLC may do any one or more of the following pursuant to this subparagraph without further notice and regardless of whether any breach of this Agreement by NAI Specialty Laboratories is then continuing:

Appears in 1 contract

Samples: Construction Management Agreement (Specialty Laboratories)

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