Common use of OWNER'S RIGHT AND NOTICE Clause in Contracts

OWNER'S RIGHT AND NOTICE. A. The parties agree that: 1. If the CMR fails to begin the Work when required to do so; or 2. If, at any time during the progress of the Work, the Owner determines that the CMR is not prosecuting the Work with reasonable speed and diligence, or is delaying the Work unreasonably or unnecessarily; or 3. If the force of workmen or the quality or quantity of services or product furnished is not sufficient to ensure completion of the Work within the specified time and in accordance with the Contract Documents; or 4. If the CMR fails to make prompt payments to suppliers or to Subcontractors for Work performed in connection with the Contract; or 5. If the CMR fails in any manner of substance to observe the provisions of this Contract; or 6. If any of the Work is defective and is not replaced as herein provided; then the Owner’s Representative shall certify such fact or condition to the Owner without prejudice to any other rights or remedies Owner may have hereunder, and the Owner shall have the right to declare the CMR in default in whole or in part. In the event the Owner elects to declare the CMR in default, the Owner shall notify the CMR by written Notice describing the nature of the default and providing the CMR a right to cure such default within three (3) calendar days after the date of the Notice, or within such longer period as the Owner, in its sole and absolute discretion, may prescribe. In the event the default is not cured within the time period specified by the Owner, the Owner shall have the right to take any actions necessary to correct or complete the Work, including but not limited to those as set forth in Paragraph 14.3 of these Terms and Conditions. B. The parties further agree that: 1. If legal proceedings have been instituted by others than the Owner in such manner as to interfere with the progress of the Work and to potentially subject the Owner to the peril of litigation or outside claims; or 2. If the CMR is adjudicated bankrupt or makes an assignment for the benefit of creditors; or 3. If in any proceeding instituted by or against the CMR, an order is made or entered granting an extension of the time of payment, composition, adjustment, modification, settlement or satisfaction of its debts or liabilities; or 4. If a receiver or trustee is appointed for the CMR or the CMR's property; or 5. If the Contract or any part hereof is sublet without the prior written consent of the Owner; or 6. If the Contract or any rights, moneys, or claims hereunder are assigned in whole or in part by the CMR, otherwise than as herein specified; or 7. If the Work to be done under this Contract is abandoned; then such fact or condition shall be certified by the Owner’s Representative to the Owner and thereupon, without prejudice to any other rights or remedies the Owner may have, the Owner shall have the right to terminate the Contract immediately upon written Notice to the CMR or, in the Owner’s sole discretion, exercise any other rights available to it.

OWNER'S RIGHT AND NOTICE. A. The parties agree that: 1. If the CMR Contractor fails to begin the Work when required to do so; or 2. If, If at any time during the progress of the Work, the Owner determines in its sole discretion that the CMR Contractor is not prosecuting the Work with reasonable speed and diligence, or is delaying the Work unreasonably or unnecessarily; or 3. If the force of workmen or the quality or quantity of services or product material furnished is not sufficient to ensure completion of the Work within the specified time and in accordance with the Contract Documents; or 4. If the CMR Contractor fails to make prompt payments to suppliers or to Subcontractors for Work performed in connection with the ContractContract in compliance with the Contract Documents; or 5. If the CMR Contractor fails in any manner of substance to observe the provisions of this Contract; or 6. If any of the Work Work, machinery, or equipment is defective and is not replaced as herein provided; then the Owner’s Representative shall certify such fact or condition to the Owner without prejudice to any other rights or remedies Owner may have hereunder, and the Owner shall have the right to declare the CMR Contractor in default in whole or in part. In the event the Owner elects to declare the CMR Contractor in default, in whole or in part, the Owner shall notify Notify the CMR Contractor by written Notice describing the nature of the default and providing the CMR Contractor a right to cure such default within three (3) calendar days after the date of the Notice, or within such longer period as the Owner, in its sole and absolute discretion, may prescribe. In the event the default is not cured within the time period specified by the Owner, the Owner shall have the right to take any actions necessary to correct or complete the Work, including but not limited to those Work as set forth in Paragraph 14.3 of these Terms and Conditionsthe Contract Documents. Any Notice related to a default by Contractor may also be given to the Surety, but no such Notice is required to be given to the Surety. B. The parties further agree that: 1. If legal proceedings have been instituted by others than the Owner in such manner as to interfere with the progress of the Work and to potentially subject the Owner to the peril of litigation or outside claims; or 2. If the CMR Contractor is adjudicated bankrupt or makes an assignment for the benefit of creditors; or 3. If in any proceeding instituted by or against the CMRContractor, an order is made or entered granting an extension of the time of payment, composition, adjustment, modification, settlement or satisfaction of its debts or liabilities; or 4. If a receiver or trustee is appointed for the CMR Contractor or the CMRContractor's property; or 5. If the Contract or any part hereof is sublet without the prior written consent of the Owner; or 6. If the Contract or any rights, moneys, or claims Claims hereunder are assigned in whole or in part by the CMRContractor, otherwise than as herein specified; or 7. If the Work to be done under this Contract is abandoned; then such fact or condition shall be certified by the Owner’s Representative to the Owner and thereupon, without prejudice to any other rights or remedies the Owner may have, the Owner shall have the right to terminate the Contract immediately upon written Notice to the CMR Contractor or, in the Owner’s sole discretion, exercise any other rights available to it. Notice of termination may be given to the Surety, but Owner is not required to give such Notice to the Surety.

OWNER'S RIGHT AND NOTICE. A. The parties agree that: 1. If the CMR fails to begin the Work when required to do so; or 2. If, at any time during the progress of the Work, the Owner determines that the CMR is not prosecuting the Work with reasonable speed and diligence, or is delaying the Work unreasonably or unnecessarily; or 3. If the force of workmen or the quality or quantity of services or product material furnished is not sufficient to ensure completion of the Work within the specified time and in accordance with the Contract Documents; or 4. If the CMR fails to make prompt payments to suppliers or to Subcontractors for Work performed in connection with the Contract; or 5. If the CMR fails in any manner of substance to observe the provisions of this Contract; or 6. If any of the Work Work, machinery, or equipment is defective and is not replaced as herein provided; then the Owner’s Representative shall certify such fact or condition to the Owner without prejudice to any other rights or remedies Owner may have hereunder, and the Owner shall have the right to declare the CMR in default in whole or in part. In the event the Owner elects to declare the CMR in default, the Owner shall notify the CMR and its Sureties by written Notice notice describing the nature of the default and providing the CMR a right to cure such default within three (3) calendar days after the date of the Noticenotice, or within such longer period as the Owner, in its sole and absolute discretion, may prescribe. In the event the default is not cured within the time period specified by the Owner, the Owner shall have the right to take any actions necessary to correct or complete the Work, including but not limited to those as set forth in Paragraph 14.3 of these Terms and Conditions17.3 hereof. B. The parties further agree that: 1. If legal proceedings have been instituted by others than the Owner in such manner as to interfere with the progress of the Work and to potentially subject the Owner to the peril of litigation or outside claims; or 2. If the CMR is adjudicated bankrupt or makes an assignment for the benefit of creditors; or 3. If in any proceeding instituted by or against the CMR, an order is made or entered granting an extension of the time of payment, composition, adjustment, modification, settlement or satisfaction of its debts or liabilities; or 4. If a receiver or trustee is appointed for the CMR or the CMR's property; or 5. If the Contract or any part hereof is sublet without the prior written consent of the Owner; or 6. If the Contract or any rights, moneys, or claims hereunder are assigned in whole or in part by the CMR, otherwise than as herein specified; or 7. If the Work to be done under this Contract is abandoned; then such fact or condition shall be certified by the Owner’s Representative to the Owner and thereupon, without prejudice to any other rights or remedies the Owner may have, the Owner shall have the right to terminate the Contract immediately upon written Notice notice to the CMR or, in the Owner’s sole discretion, exercise any other rights available to it.