Owner’s Right to Declare Default and/or Terminate Contract for Cause.
Owner’s Right to Partial Occupancy {moved from Section 2.3 to Section 6.28}
2.3.1 The Owner may occupy or use a portion of the Project prior to Contract Completion if:
2.3.1.1 the building authority with jurisdiction over the Project issues a temporary or partial certificate of occupancy permit for the portion of the Project the Owner intends to occupy;
2.3.1.2 the A/E with the Owner’s assistance has provided written notice of the Partial Occupancy to the insurers providing property insurance for the Project; and
2.3.1.3 the Contracting Authority has received notice of the Partial Occupancy from the A/E and has consented to it.
2.3.2 Before the Owner commences Partial Occupancy, the Owner, Contracting Authority, A/E and Contractor shall proceed as described under Sections 6.26 and 6.29 for the area designated for Partial Occupancy.
2.3.3 From the date of execution of the Partial Certification of Contract Completion by the Contracting Authority, the Contractor shall be relieved of the obligation to maintain the occupied portion of the Work, but shall remain obligated to complete and correct the Work and to carry the insurance required by the Contract Documents during performance of any such Work.
2.3.4 The Owner’s Partial Occupancy does not constitute acceptance of any Defective Work, nor does it relieve the Contractor of liability for any express or implied warranties or responsibility for Defective Work.
Owner’s Right. To Perform Work And to Award Separate Contracts; and Cooperation with Separate Contractors 40 ARTICLE XXVII Equal Opportunity 40 ARTICLE XXIII Claims For Damages 41
Owner’s Right to Perform Construction Manager’s Obligations and Termination by Owner for Cause:
12.2.1 If the Construction Manager fails to perform any of the Construction Manager obligations under this Agreement including any obligation the Construction Manager assumes to perform Work with its own forces, the Owner may, after seven (7) calendar days written notice, during which period the Construction Manager fails to perform such obligation, make good such deficiencies. The actual Cost of the Project shall be reduced by the cost to the Owner of making good such deficiencies and the Construction Manager’s Construction Fee shall be reduced by any amount required to manage the making good of such deficiencies.
12.2.2 If the Construction Manager is adjudged a bankrupt, or if the Construction Manager makes a general assignment for the benefit of its creditors, or if a receiver is appointed on account of the Construction Manager’s insolvency, or of the Construction Manager persistently or repeatedly refuses or fails, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials and fails to maintain an established schedule (failure to maintain schedule shall be defined as any activity on the critical path that falls 45 calendar days or more behind schedule) which has been approved by the Owner, or if the Construction Manager fails to make prompt payment to subcontractors for materials or labor, or persistently disregards laws, rules, ordinances, regulations, or orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of this Agreement, or materially breaches this Agreement or any of the Contract Documents, then the Owner may, without prejudice to any right or remedy and, after giving the Construction Manager and its Surety seven (7) calendar days written notice, during which period Construction Manager fails to commence and actively prosecute to completion a cure of the violation, terminate the employment of the Construction Manager and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Construction Manager, and may finish the Project by whatever method the Owner may deem expedient. In such case, the Construction Manager shall not be entitled to receive any further payment nor shall the Construction Manager be relieved from its obligations assumed herein. Reasonable termination expense...
Owner’s Right to Stop the Work
Owner’s Right. You must reimburse Owner for any of the following fees and expenses incurred by Owner:
(1) Making any repairs to the Storage Space or the Building which result from misuse or negligence by You or persons who live with You, visit You, or work for You (2) Repairing or replacing any appliance damaged by Your misuse or negligence; (3) Correcting any violations of city, state or federal laws, or orders and regulations of insurance rating organizations concerning the Storage Space or the Building which You or persons who live with You, visit You, or work for You have caused.
Owner’s Right to Clean Up 6.3 Owner's Right to Perform Construction and to Award Separate Contracts 6.1 Owner's Right to Stop the Work 2.3 Owner's Right to Suspend the Work 14.3 Owner's Right to Terminate the Contract 14.2 Ownership and Use of Drawings, Specifications and Other Instruments of Service 1.1.1, 1.6, 2.2.5, 3.2.1, 3.11.1, 3.17.1, 4.2.12, 5.3 Partial Occupancy or Use 9.6.6, 9.9, 11.4.1.5 Patching, Cutting and 3.14, 6.2.5 Patents 3.17 Payment, Applications for 4.2.5, 7.3.8, 9.2, 9.3, 9.4, 9.5.1, 9.6.3, 9.7.1, 9.8.5, 9.10.1, 9.10.3, 9.10.5, 11.1.3, 14.2.4, 14.4.3 Payment, Certificates for 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7.1, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 Payment, Failure of 4.3.6, 9.5.1.3, 9.7, 9.10.2, 14.1.1.3, 14.2.1.2, 13.6 Payment, Final 4.2.1, 4.2.9, 4.3.2, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.4.1, 11.4.5, 12.3.1, 13.7, 14.2.4, 144.3 Payment Bond, Performance Bond and 7.3.6.4, 9.6.7, 9.10.3, 11.4.9, 11.5 Payments, Progress 4.3.3, 9.3,9.6, 9.8.5, 9.10.3, 13.6, 14.2.3 PAYMENTS AND COMPLETION 9 Payments to Subcontractors 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4,9.6.7, 11.4. 8,14.2.1.2 PCB 10.3.1 Performance Bond and Payment Bond 7.3.6.4, 9.6.7, 9.10.3, 11.4.9, 11.5 Permits, Fees and Notices 2.2.2, 3.7, 3.13, 7.3.6.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF 10
Owner’s Right to Terminate after GMP Amendment After the GMP Amendment is executed by both Parties and upon seven (7) business days' written notice, the Owner may terminate the Contract without penalty, in which case the CMGC will be entitled to payment in proportion to the Work completed to the date of termination but otherwise shall be governed by Section 13 of this Agreement, and in any event not in excess of the GMP.
Owner’s Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within two (2) business days after receipt of notice from the Owner to commence or thereafter proceed without interruption to correct such default or neglect within fifteen (15) days of such notice, the Owner, without prejudice to its other remedies, may correct such deficiencies. If such default or neglect results in a threat to the safety of any person or property, the Contractor shall immediately commence to correct such default or neglect upon receipt of written or oral notice thereof. In all such cases of default or neglect, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the costs arising out of or related to the investigation and correction of such deficiencies, including Owner’s attorneys’ and consultants’ fees and expenses and other expenses and compensation for any additional services made necessary by such default, neglect, or failure. If current and future payments due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. If the Contractor disagrees with the actions of the Owner, or the amounts claimed as costs to the Owner, the Contractor may file a Claim pursuant to Article 15.
Owner’s Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such default or neglect. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner’s expenses and compensation for the Architect’s and Tectonic’s additional services made necessary by such default, neglect, or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner.
§ 2.5.1 If there is an emergency and an immediate need to correct such deficiencies that affect the safety of persons or property, the Owner may proceed to correct them without notice to the Contractor.
