Owner’s Remedies Upon Termination for Cause Sample Clauses

Owner’s Remedies Upon Termination for Cause. In the event of termination of this Agreement pursuant to Section 9.1 above, Construction Manager shall be responsible to Owner for all costs, expenses and damages incurred by Owner as a result of Construction Manager‟s failure to perform the Work in accordance with the Contract Documents as required by the provisions herein, including any costs, expenses and damages associated with completing the Work through a replacement contractor (“Completion Costs”). Construction Manager shall be entitled to no further payments until such time that the Work is finished and Owner has determined the Completion Costs that it has incurred. If the sum of the Completion Costs plus the amounts previously paid to Construction Manager exceeds the GMP, the Construction Manager shall pay to Owner the amount in excess of the GMP. If the sum of the Completion Costs plus the amounts previously paid to Construction Manager is less than the GMP, Owner shall pay to Construction Manager any unpaid balance of the amounts due to Construction Manager for Work properly performed by Construction Manager and accepted by Owner, but only to the extent that such payment does not cause the sum of the Completion Cost plus the payments to Construction Manager to exceed the GMP. This obligation for payment shall survive termination of the Agreement.
Sample 1
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Owner’s Remedies Upon Termination for Cause. In the event of termination of this Agreement pursuant to Section 7.1 above, Contractor shall be entitled to no further payments from Owner and shall be responsible to Owner for all costs, expenses and damages incurred by Owner as a result of Contractor’s failure to perform the Work in accordance with the Contract Documents as required by the provisions herein, including the costs associated with completing the Work through a replacement contractor. After all such costs, expenses and damages have been paid to Owner, Contractor shall be entitled only to such amounts as may then still be owing to Contractor pursuant to the Contract Documents (after deduction of such costs, expenses and damages) for the Work actually and properly performed by Contractor as of the date of termination, measured by the percentage of completion achieved by Contractor in connection with each applicable work category as set forth in the Schedule of Values.
Sample 1

Related to Owner’s Remedies Upon Termination for Cause

  • Actions upon Termination In the event of termination not the fault of the Contractor, the Contractor shall be paid for the services properly performed prior to termination, together with any reimbursable expenses then due, but in no event shall such compensation exceed the maximum compensation to be paid under the Contract. The Contractor agrees that this payment shall fully and adequately compensate the Contractor and all subcontractors for all profits, costs, expenses, losses, liabilities, damages, taxes, and charges of any kind whatsoever (whether foreseen or unforeseen) attributable to the termination of this Contract. Upon termination for any reason, the Contractor shall provide Seattle with the most current design documents, contract documents, writings and other product it has completed to the date of termination, along with copies of all project-related correspondence and similar items. Seattle shall have the same rights to use these materials as if termination had not occurred.

  • Rights Upon Termination Except as expressly provided in Section 6, upon the termination of the Executive’s Employment pursuant to this Section 5, the Executive shall only be entitled to the compensation, benefits and reimbursements described in Sections 2, 3 and 4 for the period preceding the effective date of the termination. The payments under this Agreement shall fully discharge all responsibilities of the Company to the Executive.

  • Events Upon Termination (a) If this Agreement is terminated, cancelled or ends for any reason, the Operator shall:

  • Duties Upon Termination Upon termination of this Agreement for any reason, the Contractor shall upon receipt of all sums due and owing, promptly deliver the following in accordance with the directions of the Company:

  • Default Remedies Termination A. [Sec. 400]

  • Liability Upon Termination Termination of this Agreement, or any part hereof, for any cause shall not release either Party from any liability which at the time of termination had already accrued to the other Party or which thereafter accrues in any respect to any act or omission occurring prior to the termination or from an obligation which is expressly stated in this Agreement to survive termination.

  • Withdrawals upon Termination 31.4.1 Notwithstanding anything to the contrary contained in this Agreement, all amounts standing to the credit of the Escrow Account shall, upon Termination, be appropriated in the following order:

  • Obligations Upon Termination Upon termination of this Agreement, either party shall, at the request of the other party, return any document, material, database, equipment, or software containing the Confidential Information to the other party. If, for any reason, such document, material, database, equipment, or software cannot be returned, either party shall destroy all the Confidential Information belonging to the other party and delete such Confidential Information from any memory devices. No party shall be permitted to continue using the Confidential Information in any way after the termination of this Agreement.

  • Action Upon Termination (a) From and after the effective date of termination of this Agreement, pursuant to Sections 13, 14, or 15 of this Agreement, the Manager shall not be entitled to compensation for further services under this Agreement, but shall be paid all compensation accruing to the date of termination and, if terminated pursuant to Section 13 or Section 15(b), the applicable Termination Fee. Upon such termination, the Manager shall forthwith:

  • Payments Upon Termination 4.1 The Customer shall pay the Company liquidated damages (total monthly fee as specified in the Sales and Services Agreement x remaining months in the Term) upon the occurrence of any of the following events before the expiry of the Term:

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