Common use of Owner's Right to Perform Construction Manager's Obligations and Termination by Owner for Cause Clause in Contracts

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. 2. If the Construction Manager is adjudged a bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of his insolvency, or if he persistently or repeatedly refuses or fails, except in case 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 days or more behind schedule) which has been adopted by the Construction Team, or if he fails to make prompt payment to Sub-Contractors 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 the Agreement, then the Owner may, without prejudice to any right or remedy and after giving the Construction Manager and his surety, if any, seven (7) days written notice, during which period Construction Manager fails to commence to cure 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 he may deem expedient. In such case, the Construction Manager shall not be entitled to receive any further payment until the Project is finished nor shall he be relieved from his obligations assumed under Article 7. Reasonable terminal expenses incurred by the Owner may be deducted from any payments left owing the Construction Manager (excluding monies owed the Construction Manager for subcontract work). 3. If the Construction Manager refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Construction Manager in conjunction with this Agreement, then the Owner may, without prejudice to any right or remedy and after giving the Construction Manager and his surety, if any, seven (7) days written notice, during which period Construction Manager still fails to allow access, 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 he may deem expedient. In such case, the Construction Manager shall not be entitled to receive any further payment until the Project is finished nor shall he be relieved from his obligations assumed under Article 7. Reasonable terminal expenses incurred by the Owner may be deducted from any payments left owing the Construction Manager (excluding monies owed the Construction Manager for subcontract work).

Owner's Right to Perform Construction Manager's Obligations and Termination by Owner for Cause. 1. 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 deficienciesdeficiencies 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 Managers 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. 2. B. If the Construction Manager is adjudged a as bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of his insolvency, or if he persistently or repeatedly refuses or fails, except in case for which extension of time is provided, to supply enough properly skilled workmen workers 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 thirty (30) calendar days or more behind schedule) which has been adopted by the Construction Team, or if he fails to make prompt payment to Sub-Contractors 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 the Agreement, then the Owner may, without prejudice to any right or remedy and after giving the Construction Manager and his surety, if any, seven (7) days calendar days’ written notice, during which period Construction Manager fails to commence to cure 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 he may deem expedient. In such case, the Construction Manager shall not be entitled to receive any further payment until the Project is finished nor shall he be relieved from his obligations assumed under Article 7. Reasonable terminal expenses incurred by the Owner may be deducted from any payments left owing the Construction Manager (excluding monies owed or have an action against the Construction Manager for subcontract work)or its surety. 3. C. If the Construction Manager refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Construction Manager in conjunction with this Agreement, then the Owner may, without prejudice to any right or remedy and after giving the Construction Manager and his surety, if any, seven (7) calendar days written notice, during which period Construction Manager still fails to allow access, 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 he may deem expedient. In such case, the Construction Manager shall not be entitled to receive any further payment until the Project is finished nor shall he be relieved from his obligations assumed under Article 7. Reasonable terminal expenses incurred by the Owner may be deducted from any payments left owing the Construction Manager (excluding monies owed the Construction Manager for subcontract work).

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 its obligations under this Agreement Agreement, including any obligation he it assumes to perform work with his its 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 Manager's Construction Phase Fee Compensation shall be reduced by an amount required to manage the making good of such deficiencies. (2. ) If the Construction Manager is adjudged a bankrupt, or if he it makes a general assignment for the benefit of his its creditors, or if a receiver is appointed on account of his its insolvency, or if he it persistently or repeatedly refuses or fails, except in case 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 days or more behind schedule) which has been adopted by the Construction Team, or if he it fails to make prompt payment to Sub-Contractors 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 the Agreement, then the Owner may, without prejudice to any right or remedy and after giving the Construction Manager and his its surety, if any, seven (7) days written notice, during which period Construction Manager fails to commence to cure 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 he it may deem expedient. In such case, the Construction Manager shall not be entitled to receive any further payment until the Project is finished nor shall he it be relieved from his its obligations assumed under Article 76. Reasonable terminal expenses incurred by the Owner may be deducted from any payments left owing the Construction Manager (excluding monies owed the Construction Manager for subcontract work). The GMP, or the actual cost of the Project, whichever is less, shall be reduced by the cost to the Owner of finishing the project and the Construction Manager's Construction Phase Compensation shall be reduced by an amount required to manage the project through completion. (3. ) If the Construction Manager refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Construction Manager in conjunction with this Agreement, then the Owner may, without prejudice to any right or remedy and after giving the Construction Manager and his its surety, if any, seven (7) days written notice, during which period Construction Manager still fails to allow access, 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 he it may deem expedient. In such case, the Construction Manager shall not be entitled to receive any further payment until the Project is finished nor shall he it be relieved from his its obligations assumed under Article 76. Reasonable terminal expenses incurred by the Owner may be deducted from any payments left owing the Construction Manager (excluding monies owed the Construction Manager for subcontract work). The GMP, or the actual cost of the Project, whichever is less, shall be reduced by the cost to the Owner of finishing the project and the Construction Manager's Construction Phase Compensation shall be reduced by an amount required to manage the project through completion.

Owner's Right to Perform Construction Manager's Obligations and Termination by Owner for Cause. 1. 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 deficienciesdeficiencies 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 Direct Cost of the ProjectWork, whichever is less, shall be reduced by the cost to the Owner of making good such deficiencies and the Construction Managers 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. 2. B. If the Construction Manager is adjudged a as bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of his insolvency, or if he persistently or repeatedly refuses or fails, except in case for which extension of time is provided, to supply enough properly skilled workmen workers 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 thirty (30) calendar days or more behind schedule) which has been adopted by the Construction Team, or if he fails to make prompt payment to Sub-Contractors 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 the Agreement, then the Owner may, without prejudice to any right or remedy and after giving the Construction Manager and his surety, if any, seven (7) days calendar days’ written notice, during which period Construction Manager fails to commence to cure the violation, terminate the employment of the Construction Manager and take possession of the site and of all materials and equipment that have been paid for by the Owner, and may finish the Project by whatever method he may deem expedient. In such case, the Construction Manager shall not be entitled to receive any further payment until the Project is finished nor shall he be relieved from his obligations assumed under Article 7. Reasonable terminal expenses incurred by the Owner may be deducted from any payments left owing the Construction Manager or have an action against the Construction Manager or its surety. C. If the Construction Manager refuses to allow access to all documents, papers, letters, or other material made or received by the Construction Manager in conjunction with this Agreement, then the Owner may, without prejudice to any right or remedy and after giving the Construction Manager and his surety, if any, seven (7) calendar days written notice, during which period Construction Manager still fails to allow access, terminate the employment of the Construction Manager and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon thereon, owned by the Construction Manager, and may finish the Project by whatever method he may deem expedient. In such case, the Construction Manager shall not be entitled to receive any further payment until the Project is finished nor shall he be relieved from his obligations assumed under Article 7. Reasonable terminal expenses incurred by the Owner may be deducted from any payments left owing the Construction Manager (excluding monies owed the Construction Manager for subcontract work). 3. If the Construction Manager refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Construction Manager in conjunction with this Agreement, then the Owner may, without prejudice to any right or remedy and after giving the Construction Manager and his surety, if any, seven (7) days written notice, during which period Construction Manager still fails to allow access, 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 he may deem expedient. In such case, the Construction Manager shall not be entitled to receive any further payment until the Project is finished nor shall he be relieved from his obligations assumed under Article 7. Reasonable terminal expenses incurred by the Owner may be deducted from any payments left owing the Construction Manager (excluding monies owed the Construction Manager for subcontract work).

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 their obligations under this Agreement including any obligation he assumes they assume to perform work with his their own forcesforces or those of a subcontractor, the Owner may, after seven (7) days written notice during which period the Construction Manager fails to perform commence and sufficiently pursue correction of 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 Manager's Construction Phase Fee shall be reduced by an amount required to manage the making good of such deficiencies. (2. ) If the Construction Manager is adjudged a bankrupt, or if he makes they make a general assignment for the benefit of his their creditors, or if a receiver is appointed on account of his their insolvency, or if he they persistently or repeatedly refuses refuse or failsfail, except in case 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 days or more behind schedule) which has been adopted by the Construction Team, or if he the Construction Manager fails to make prompt payment to Sub-Contractors 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 the Agreement, then the Owner may, without prejudice to any right or remedy and after giving the Construction Manager and his their surety, if any, seven (7) days written notice, during which period Construction Manager fails to commence to cure correction 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 he may deem deemed expedient. In such case, the Construction Manager shall not be entitled to receive any further payment until the Project is finished nor shall he they be relieved from his obligations assumed under Article 7. Reasonable terminal termination expenses incurred by the Owner may be deducted from any payments left owing the Construction Manager (excluding monies owed the Construction Manager for subcontract work). (3. ) If the Construction Manager refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Construction Manager in conjunction with this Agreement, then the Owner may, without prejudice to any right or remedy and after giving the Construction Manager and his its surety, if any, seven (7) days written notice, during which period Construction Manager still fails to allow access, 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 Project by whatever method he may deem be deemed expedient. In such case, the Construction Manager shall not be entitled to receive any further payment until the Project is finished nor shall he they be relieved from his their obligations assumed under Article 7. Reasonable terminal expenses incurred by the Owner may be deducted from any payments left owing the Construction Manager (excluding monies owed the Construction Manager for subcontract work).

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 Work with his own forces, the Owner may, after seven (7) days written notice during which period the Construction Manager fails to perform commence correction of such obligation, make good such deficiencies. The GMP, or the actual cost of the ProjectWork, whichever is less, shall be reduced by the cost to the Owner of making good such deficiencies and the Construction Managers Manager's Construction Phase Fee shall be reduced by an amount required to manage the making good of such deficiencies. (2. ) If the Construction Manager is adjudged a bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of his insolvency, or if he persistently or repeatedly refuses or fails, except in case for which extension of time is provided, to supply enough properly skilled workmen or proper materials and fails to maintain an established schedule sc hedule (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 Construction Team, or if he fails to make prompt payment to Sub-Contractors 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 the Agreement, then the Owner may, without prejudice to any right or remedy and after giving the Construction Manager and his surety, if any, seven (7) days written notice, during which period the Construction Manager fails to commence to cure correction 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 he may deem expedient. In such case, the Construction Manager shall not be entitled to receive any further payment until the Project is finished nor shall he be relieved from his obligations assumed under Article 77 to the extent of work performed. Reasonable terminal expenses incurred by the Owner may be deducted from any payments left owing the Construction Manager (excluding monies owed the Construction Manager for subcontract workWork). (3. ) If the Construction Manager refuses to allow public access to all documents, papers, letters, or other material subject to the extent required by the provisions of Chapter 119, Florida Statutes, and made or received by the Construction Manager in conjunction with this Agreement, then the Owner may, without prejudice to any right or remedy and after giving the Construction Manager and his surety, if anys urety, seven (7) days written notice, during which period the Construction Manager still fails to allow access, terminate the employment of the Construction Manager and take possession of the site and of all materials, equipment, tools, construction materials and equipment and machinery thereon, owned thereon paid for by the Construction ManagerOwner, and may finish the project Project by whatever method he may deem expedient. In such case, the Construction Manager shall not be entitled to receive any further payment until the Project is finished nor shall he be relieved from his obligations assumed under Article 77 to the extent of Work performed. Reasonable terminal expenses incurred by the Owner may be deducted from any payments left owing the Construction Manager (excluding monies owed the Construction Manager for subcontract workWork).

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 their obligations under this Agreement including any obligation he assumes to perform work Work with his their own forces, the Owner may, after seven (7) days written notice during which period the Construction Manager fails to perform commence correction of such obligation, make good such deficiencies. The GMP, or the actual cost of the ProjectWork, whichever is less, shall be reduced by the cost to the Owner of making good such deficiencies and the Construction Managers Manager's Construction Phase Fee shall be reduced by an amount required to manage the making good of such deficiencies. (2. ) If the Construction Manager is adjudged a bankrupt, or if he makes a general assignment for the benefit of his their creditors, or if a receiver is appointed on account of his their insolvency, or if he persistently or repeatedly refuses or fails, except in case 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 days or more behind schedule) which has been adopted by the Construction Team, or if he fails to make prompt payment to Sub-Contractors 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 the Agreement, then the Owner may, without prejudice to any right or remedy and after giving the Construction Manager and his their surety, if any, seven (7) days written notice, during which period the Construction Manager fails to commence to cure correction 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 he may deem expedient. In such case, the Construction Manager shall not be entitled to receive any further payment until the Project is finished nor shall he be relieved from his their obligations assumed under Article 77 to the extent of work performed. Reasonable terminal expenses incurred by the Owner may be deducted from any payments left owing the Construction Manager (excluding monies owed the Construction Manager for subcontract workWork). (3. ) If the Construction Manager refuses to allow public access to all documents, papers, letters, or other material subject to the extent required by the provisions of Chapter 119, Florida Statutes, and made or received by the Construction Manager in conjunction with this Agreement, then the Owner may, without prejudice to any right or remedy and after giving the Construction Manager and his their surety, if any, seven (7) days written notice, during which period the Construction Manager still fails to allow access, terminate the employment of the Construction Manager and take possession of the site and of all materials, equipment, tools, construction materials and equipment and machinery thereon, owned thereon paid for by the Construction ManagerOwner, and may finish the project Project by whatever method he may deem expedient. In such case, the Construction Manager shall not be entitled to receive any further payment until the Project is finished nor shall he be relieved from his their obligations assumed under Article 77 to the extent of Work performed. Reasonable terminal expenses incurred by the Owner may be deducted from any payments left owing the Construction Manager (excluding monies owed the Construction Manager for subcontract workWork). Construction Managers obligation to allow public access as stated herein shall survive the termination or conclusion of this agreement. Construction Manager agrees to indemnify and hold harmless Owner from all cost, fees and award of damages Owner incurs as a result of Construction Manager’s failure to comply with Florida law.

Owner's Right to Perform Construction Manager's Obligations and Termination by Owner for Cause. 1. 35.1 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 Manager’s Construction Phase Fee shall be reduced by an amount required to manage the making good of such deficiencies. 2. 35.2 If the Construction Manager is adjudged a bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of his insolvency, or if he persistently or repeatedly refuses or fails, except in case 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 days or more behind schedule) which has been adopted by the Construction Team, or if he fails to make prompt payment to Sub-Contractors 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 the Agreement, then the Owner may, without prejudice to any right or remedy and after giving the Construction Manager and his surety, if any, seven (7) days written notice, during which period Construction Manager fails to commence to cure 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 he may deem expedient. In such case, the Construction Manager shall not be entitled to receive any further payment until the Project is finished nor shall he be relieved from his obligations assumed under Article 7this agreement. Reasonable terminal expenses incurred by the Owner may be deducted from any payments left owing the Construction Manager (excluding monies owed the Construction Manager for subcontract work). 3. 35.3 If the Construction Manager refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Construction Manager in conjunction with this Agreement, then the Owner may, without prejudice to any right or remedy and after giving the Construction Manager and his surety, if any, seven (7) days written notice, during which period Construction Manager still fails to allow access, 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 he may deem expedient. In such case, the Construction Manager shall not be entitled to receive any further payment until the Project is finished nor shall he be relieved from his obligations assumed under Article 7obligations. Reasonable terminal termination expenses incurred by the Owner may be deducted from any payments left owing the Construction Manager (excluding monies owed the Construction Manager for subcontract work).

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 deficiencies or satisfy the Owner of the appropriateness of its response, 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 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. 2. If the Construction Manager is adjudged a bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of his insolvency, or if he persistently or repeatedly refuses or fails, except in case for which extension of time is provided, to supply enough properly skilled workmen workers 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 30 days or more behind schedule) which has been adopted by the tile Construction Team, or if he fails to make prompt payment to Sub-Contractors 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 materially breaches any provision of the Agreement, then the Owner may, without prejudice to any right or remedy and after giving the Construction Manager and his surety, if any, seven (7) days written notice, during which period Construction Manager fails to commence to cure the violation, terminate the employment of the tile 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 he may deem expedient. In such case, the Construction Manager shall not be entitled to receive any further payment until the Project is finished nor shall he be relieved from his obligations assumed under Article 7. Reasonable terminal expenses incurred by the Owner may be deducted from any payments left owing the Construction Manager (excluding monies owed the Construction Manager for subcontract work). 3. If the Construction Manager refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Construction Manager in conjunction with this Agreement, then the Owner may, without prejudice to any right or remedy and after giving the Construction Manager and his surety, if any, seven (7) days written notice, during which period Construction Manager still fails to allow access, 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 he may deem expedient. In such case, the Construction Manager shall not be entitled to receive any further payment until the Project is finished nor shall he be relieved from his obligations assumed under Article 7. Reasonable terminal expenses incurred by the Owner may be deducted from any payments left owing the Construction Manager (excluding monies owed the Construction Manager for subcontract work).under

Owner's Right to Perform Construction Manager's Obligations and Termination by Owner for Cause. 1. 13.3.1 If the Construction Manager fails to perform any of his its obligations under this Agreement with respect to any Project including any obligation he assumes to perform work Work with his its own forces, the Owner may, after seven (7) days written notice during which period the Construction Manager fails to perform commence correction of such obligation, make good such deficiencies. The GMP, 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 deficiencies, and the Construction Managers Manager's Construction Phase Fee for such Project shall be reduced by an amount required to manage the making good of such deficiencies. 2, 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 his its creditors, or if a receiver is appointed on account of his its insolvency, or if he 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 workmen 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 Construction Project Team, or if he 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 Sub-Contractors 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 or remedy and after giving the Construction Manager and his its surety, if any, seven (7) days written notice, during which period Construction Manager fails to commence to cure correction of the violation, terminate the employment of the Construction Manager with respect to such Project and, at its option, all other Projects for which the Construction Manager is responsible, 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 Projects by whatever method he the Owner may deem expedient. In such case, the Construction Manager shall not be entitled to receive any further payment until the Project is finished finished, nor shall he it be relieved from his its obligations assumed under Article 76. Reasonable terminal expenses incurred by the Owner may be deducted from any payments left owing the Construction Manager (excluding monies owed the Construction Manager for subcontract work). 3. If , without limiting the Construction Manager refuses to allow public access to all documents, papers, letters, or Owner’s other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Construction Manager in conjunction with remedies under this Agreement, then the Owner may, without prejudice to any right or remedy and after giving the Construction Manager and his surety, if any, seven (7) days written notice, during which period Construction Manager still fails to allow access, 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 he may deem expedient. In such case, the Construction Manager shall not be entitled to receive any further payment until the Project is finished nor shall he be relieved from his obligations assumed under Article 7. Reasonable terminal expenses incurred by the Owner may be deducted from any payments left owing the Construction Manager (excluding monies owed the Construction Manager for subcontract work).

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 Manager's Construction Phase Fee shall be reduced by an amount required to manage the making good of such deficiencies. 2. The Owner may, without prejudice to any right or remedy and after giving the Construction Manager and his surety, if any, seven (7) days written notice, during which period Construction Manager fails to cure 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 he may deem expedient. If the Construction Manager is adjudged a bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of his insolvency, or if he persistently or repeatedly refuses or fails, except in case 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 days or more behind schedule) which has been adopted by the Construction Team, or if he fails to make prompt payment to Sub-Contractors 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 breach of a material provision of the Agreement, then the Owner may, without prejudice to any right or remedy and after giving the Construction Manager and his surety, if any, seven (7) days written notice, during which period Construction Manager fails to commence to cure 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 he may deem expedient. In in such case, the Construction Manager shall not be entitled to receive any further payment until the Project is finished nor shall he be relieved from his obligations assumed under Article 76. Reasonable terminal termination expenses incurred by the Owner may be deducted from any payments left owing the Construction Manager (excluding monies owed the Construction Manager for subcontract work). 3. If the Construction Manager refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Construction Manager in conjunction with this Agreement, then the Owner may, without prejudice to any right or remedy and after giving the Construction Manager and his surety, if any, seven (7) days written notice, during which period Construction Manager still fails to allow access, 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 he may deem expedient. In such case, the Construction Manager shall not be entitled to receive any further payment until the Project is finished nor shall he be relieved from his obligations assumed under Article 7. Reasonable terminal expenses incurred by the Owner may be deducted from any payments left owing the Construction Manager (excluding monies owed the Construction Manager for subcontract work).

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 Work with his own forces, the Owner may, after seven (7) days written notice during which period the Construction Manager fails to perform commence correction of such obligation, make good such deficiencies. The GMP, or the actual cost of the ProjectWork, whichever is less, shall be reduced by the cost to the Owner of making good such deficiencies and the Construction Managers Manager's Construction Phase Fee shall be reduced by an amount required to manage the making good of such deficiencies. (2. ) If the Construction Manager is adjudged a bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of his insolvency, or if he persistently or repeatedly refuses or fails, except in case 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 days or more behind schedule) which has been adopted by the Construction Team, or if he fails to make prompt payment to Sub-Contractors 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 the Agreement, then the Owner may, without prejudice to any right or remedy and after giving the Construction Manager and his surety, if any, seven (7) days written notice, during which period the Construction Manager fails to commence to cure correction 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 he may deem expedient. In such case, the Construction Manager shall not be entitled to receive any further payment until the Project is finished nor shall he be relieved from his obligations assumed under Article 77 to the extent of work performed. Reasonable terminal expenses incurred by the Owner may be deducted from any payments left owing the Construction Manager (excluding monies owed the Construction Manager for subcontract workWork). (3. ) If the Construction Manager refuses to allow public access to all documents, papers, letters, or other material subject to the extent required by the provisions of Chapter 119, Florida Statutes, and made or received by the Construction Manager in conjunction with this Agreement, then the Owner may, without prejudice to any right or remedy and after giving the Construction Manager and his surety, if any, seven (7) days written notice, during which period the Construction Manager still fails to allow access, terminate the employment of the Construction Manager and take possession of the site and of all materials, equipment, tools, construction materials and equipment and machinery thereon, owned thereon paid for by the Construction ManagerOwner, and may finish the project Project by whatever method he may deem expedient. In such case, the Construction Manager shall not be entitled to receive any further payment until the Project is finished nor shall he be relieved from his obligations assumed under Article 77 to the extent of Work performed. Reasonable terminal expenses incurred by the Owner may be deducted from any payments left owing the Construction Manager (excluding monies owed the Construction Manager for subcontract workWork).