Owner's Right to Perform Construction Manager's Obligations and Termination by Owner for Cause. 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 (7) days written notice during which period the Construction Manager fails to perform such obligation, make good such deficiencies. The GMP, or the actual cost of the Project, whichever is less, shall be reduced by the cost to the Owner of making good such deficiencies and the Construction Managers Construction Phase Fee shall be reduced by an amount required to manage the making good of such deficiencies.
Owner's Right to Perform Construction Manager's Obligations and Termination by Owner for Cause. A. 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 providing seven (7) calendar days written notice during which period the Construction Manager fails to perform such obligation, make good such deficiencies or satisfy the Owner of the appropriateness of its response. Owner’s actions may include, but not be limited to, termination of the Agreement and/or Activations and Construction Authorizations. The GMP, or the actual cost of the Project, whichever is less, shall be reduced by the cost to the Owner of making good such deficiencies and the Construction Manager's Construction Phase Fee shall be reduced by an amount required to manage the making good of such deficiencies. If the contract balance is insufficient the Owner may seek recovery against the Construction Manager and/or its Surety.
Owner's Right to Perform Construction Manager's Obligations and Termination by Owner for Cause. 13.3.1 If the Construction Manager fails to perform any of its obligations under this Agreement with respect to any Project including any obligation he assumes to perform Work with its own forces, the Owner may, after seven (7) days written notice during which period the Construction Manager fails to commence correction of such obligation, make good such deficiencies. The Project GMP or the actual cost of the Project, whichever is less, shall be reduced by the actual cost to the Owner of making good such deficiencies, and the Construction Manager's Construction Phase Fee for such Project shall be reduced by an amount required to manage the making good of such deficiencies, without limiting the Owner’s other remedies under this Agreement. If the Construction Manager is adjudged a bankrupt, or if he makes a general assignment for the benefit of its creditors, or if a receiver is appointed on account of its insolvency, or if the Construction Manager persistently or repeatedly refuses or fails, except in a case for which extension of time is provided, to supply enough properly skilled workers or proper materials for any Project and fails to maintain an established Project schedule (failure to maintain schedule shall be defined as any activity on the critical path that falls 45 days or more behind schedule) which has been adopted by the Project Team, or if any representation made by Construction Manager herein was false or materially misleading when made, or the merger, acquisition, sale or transfer of assets of Construction Manager occurs which has a material adverse effect on Construction Manager's net worth or on Construction Manager's ability to meet its obligations under this Agreement or any Project Agreement or results in the assumption of this Agreement or any Project Agreement by any other Person, in any case without the prior written consent of Owner, or if 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 fails to provide required insurance coverage, or if such insurance coverage are canceled, terminated, or modified so that the required insurance coverage are no longer in full force and effect, or fails to furnish the required performance and payment bond, or otherwise is guilty of a substantial violation of a provision of the Agreement, then the Owner may, without prejudice to any right...
