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.
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. 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. 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. PART 8 DISPUTE RESOLUTIONS
Owner’s Right to Perform. CONSTRUCTION AND TO AWARD SEPARATE CONTRA
Owner’s Right to Perform. CONTRACTOR'S OBLIGATIONS AND TERMINATION BY THE OWNER FOR CAUSE
Owner’s Right to Perform. 19.1 If the Contractor should neglect to perform the Work properly, or otherwise fail to perform any provision of this Agreement, the Owner may notify the Contractor in writing of the default and instruct the Contractor to correct the default within seven (7) days of receiving the notice.
Owner’s Right to Perform. DESIGN-BUILDER’S OBLIGATIONS AND TERMINATION BY THE OWNER FOR CAUSE
Owner’s Right to Perform. If BUSINESS shall at any time be in default of the terms hereunder, OWNER may cure such default on behalf of BUSINESS, in which event BUSINESS shall reimburse OWNER for all sums paid to effect such cure, together with interest at the rate of eighteen percent (18%) per annum, reasonable attorney’s fees and other costs. In order to collect such reimbursement, OWNER shall have all the remedies available under law and THIS AGREEMENT for a default in the payment of rent. SECTION SIXTEEN: OWNER’S RIGHT OF ACCESS BUSINESS shall permit OWNER or OWNER’s agents to inspect or examine THE PREMISES at any reasonable time and shall permit OWNER to make such REPAIRS and/or undertake such RENOVATION ACTIVITIES to THE PREMISES that OWNER may deem necessary or which BUSINESS have covenanted herein to do and has failed so to do, without the same being construed as an eviction of BUSINESS in whole or in part, and the rent shall in no manner xxxxx while such REPAIRS and/or RENOVATION ACTIVITIES are being made by reason of loss or interruption of BUSINESS’s use of THE PREMISES because of the prosecution of such work; provided, however, except in cases of emergency, OWNER shall give BUSINESS ten (10) days’ notice of any such REPAIRS and/or RENOVATION ACTIVITIVIES required to comply with the terms and conditions of THIS AGREEMENT, during which ten (10) day period, BUSINESS shall have the right to perform such REPAIRS and/or RENOVATION ACTIVITIES. If BUSINESS shall not be personally present to open and permit entry into THE PREMISES at any time when an entry therein shall be necessary or permissible for emergency purposes, OWNER or OWNER’s agents may enter THE PREMISES by a master key, or may forcibly enter THE PREMISES, without rendering OWNER or such agents liable therefor, and without in any manner affecting the obligations and covenants of THIS AGREEMENT. OWNER’s right of entry or re-entry shall not be deemed to impose upon OWNER any obligation, responsibility or liability for the care, supervision or repair of THE PREMISES. SECTION SEVENTEEN: BUSINESS’S RIGHT OF ACCESS BUSINESS shall have full and complete access to THE PREMISES twenty-four (24) hours per day, three hundred sixty-five (365) days per year.
