Owner’s Right to Perform. If Contractor fails to perform any if its obligations under the Contract Documents, then Owner may, after five (5) Days’ prior written notice, during which time Contractor continues to fail to diligently pursue performance of any such breached obligation and without prejudice to any other remedy Owner may have at law or in equity, cause Contractor’s breached obligations to be completed by others. All costs and expenses Owner incurs addressing Contractor’s failure to perform under this Section shall become Contractor’s liability to Owner payable upon demand and subject to offset against the Contract Sum. If the balance of the Contract Sum is not sufficient to cover such offset amount, Contractor shall immediately pay to Owner the difference. However, in no event shall Owner’s actions under this Section be deemed a termination of the Agreement.
Owner’s Right to Perform. Construction Manager's Obligations and Termination by the Owner for Cause.
10.2.1 If the Construction Manager fails to perform any of his obligations under this Agreement including any obligation he assumes to perform Work with his own forces, the Owner may, after seven days written notice during which period the Construction Manager fails to perform such obligation, make good such deficiencies. The Guaranteed Maximum Price, if any, will be reduced by the cost to the Owner of making good such deficiencies.
10.2.2 This Agreement may be terminated by Owner for cause should the Construction Manager fail to perform any provision of this Agreement, including without limitation, for any of the following reasons:
(a) Construction Manager abandons the Work;
(b) Construction Manager assigns or attempts to assign its rights or obligations under this Agreement or any part thereof to any third-party without the prior written consent of Owner;
(c) Construction Manager is adjudged bankrupt or insolvent, makes a general assignment for the benefit of creditors, has a trustee or receiver appointed for its property, or files a petition to take advantage of any debtor's acts;
(d) Construction Manager fails or refuses to perform any material obligation under the Agreement, or fails to remedy such non performance within seven (7) days after its occurrence;
(e) Construction Manager fails to comply with any applicable Laws and fails to remedy such non performance within seven (7) days after its occurrence; and
(f) Construction Manager fails to achieve the required dates of Substantial and/or Final Completion.
10.2.3 The Owner's right of termination as set forth herein will be in addition to, and not a limitation of, any and all other remedies available to Owner at law, in equity, or under the terms and provisions of this Agreement.
10.2.4 In the event of termination of the Agreement for cause, Owner may use Construction Managers material and leased equipment to complete the Work, and may complete the Work in any reasonable manner. Construction Manager will receive no further payment, if any is due, until the Work is complete. If the completion costs incurred by Owner exceed the balance of the applicable Guaranteed Maximum Price, the Construction Manager will pay the difference to the Owner within ten (10) days of Owner's demand for payment. If the completion costs incurred by Owner are less than the balance of the applicable Guaranteed Maximum Price, the Owner will pay any unpai...
Owner’s Right to Perform. THE WORK, TERMINATE THE CONTRACTOR'S RIGHT TO CONTINUE WITH THE WORK OR TERMINATE THE CONTRACT
Owner’s Right to Perform. THE WORK, TERMINATE THE CONTRACTOR’S RIGHT TO CONTINUE WITH THE WORK OR TERMINATE THE CONTRACT 39. Subsection 7.2.3.1. is deleted in its entirety.
Owner’s Right to Perform. OWNER may, without prejudice to any other remedy it may have, correct deficiencies caused by CONTRACTOR’s failure to perform the Work in accordance with this Agreement or by any other Event of Default by CONTRACTOR, provided that CONTRACTOR has failed, within fifteen (15) days after receipt of written notice from the OWNER (or immediately in the event of an emergency, provided that OWNER shall provide written notice of such emergency to CONTRACTOR within twenty-four (24) hours of obtaining knowledge thereof), to commence and continue correction of such failure or Event of Default with diligence and promptness. In such case, OWNER shall be entitled to deduct the reasonable cost of correcting such deficiencies (including compensation for any consultants’ services made necessary by such failure or Event of Default) from the payments then or thereafter due to CONTRACTOR. If such payments due to CONTRACTOR are not adequate to cover such amount, CONTRACTOR shall pay the difference to OWNER, which difference shall be promptly due and payable upon receipt of notice thereof from OWNER. Performance of Work by OWNER pursuant to this Section 11.4 shall not relieve CONTRACTOR of any of its obligations under this Agreement with respect to such Work if and to the extent such Work is performed in accordance with Section 3.14.
Owner’s Right to Perform. CONSTRUCTION AND TO AWARD SEPARATE CONTRA
4.1 The Owner reserves the right to perform construction or operations related to the Pro own forces, and to award separate contracts in connection with other portions of the Project
Owner’s Right to Perform. CONTRACTOR'S OBLIGATIONS AND TERMINATION BY THE OWNER FOR CAUSE
12.2.1 If the Contractor persistently fails to perform any of its obligations under this Agreement, the Owner may, after seven (7) days' written notice, during which period the Contractor fails to perform such obligation, undertake to perform such obligations. The GMP shall be reduced by the cost to the Owner of performing such obligations.
12.2.2 Upon seven (7) days' written notice to the Contractor and the Contractor's surety, if any, the Owner may terminate this Agreement for any of the following reasons:
.1 if the Contractor persistently utilizes improper materials and/or inadequately skilled workers; .2 if the Contractor does not make proper payment to laborers, material suppliers or Subcontractors;
Owner’s Right to Perform. Construction Manager's Obligations and Termination by the Owner for Cause.
10.2.1. If the Construction Manager fails to perform any of his obligations under this Agreement including any obligation he assumes to perform Work with his own forces, the Owner may, after seven days written notice during which period the Construction Manager fails to perform such obligation, make good such deficiencies. The Guaranteed Maximum Price, if any, will be reduced by the cost to the Owner of making good such deficiencies.
10.2.2. This Agreement may be terminated by Owner for cause should the Construction Manager fail to perform any provision of this Agreement, including without limitation, for any of the following reasons:
a. Construction Manager abandons the Work;
b. Construction Manager assigns or attempts to assign its rights or obligations
c. under this Agreement or any part thereof to any third-party without the prior written d. consent of Owner;
Owner’s Right to Perform. DESIGN-BUILDER’S OBLIGATIONS AND TERMINATION BY THE OWNER FOR CAUSE
11.2.1 If the Design-Builder persistently fails to perform any of its obligations under this Agreement, the Owner may, after seven (7) Days’ written notice, during which period the Design-Builder fails to perform such obligation, undertake to perform such obligations. The Contract Price shall be reduced by the cost to the Owner of performing such obligations.
11.2.2 Upon seven (7) Days’ written notice to the Design-Builder and the Design-Builder’s surety, if any, the Owner may terminate this Agreement for any of the following reasons:
11.2.2.1 if the Design-Builder persistently utilizes improper materials or inadequately qualified workers;
11.2.2.2 if the Design-Builder does not make proper payment to laborers, material suppliers or contractors provided that the Owner is making payment to the Design-Builder in accordance with the terms of this Agreement;
11.2.2.3 if the Design-Builder persistently fails to abide by the orders, regulations, rules, ordinances or laws of governmental authorities having jurisdiction; or
11.2.2.4 if the Design-Builder otherwise materially breaches this Agreement. If the Design-Builder fails to cure or commence and continue to cure within the seven (7) Days, the Owner, without prejudice to any other right or remedy, may take possession of the Worksite and complete the Work utilizing any reasonable means. In this event, the Design-Builder shall not have a right to further payment until the Work is completed.
11.2.3 In the event the Owner exercises its rights under Subparagraph 11.2.1 or 11.2.2, upon the request of the Design-Builder the Owner shall provide a detailed accounting of the cost incurred by the Owner.
Owner’s Right to Perform. If Manager fails to make any payment required to be made by it hereunder or fails to perform or comply with any of its other agreements contained herein, Owner may itself make such payment or perform or comply with such agreement, and the amount of such payment and the amount of reasonable expenses of Owner incurred in connection with such payment or the performance of or compliance with such agreement, as the case may be (together with interest thereon at the Late Charge Rate), shall be payable by Manager to Owner on demand.
