Owner's Right to Perform Contractor's Obligations and Termination by Owner for Cause Sample Clauses

Owner's Right to Perform Contractor's Obligations and Termination by Owner for Cause. (1) If Contractor fails to perform any of Contractor’s obligations under this Agreement or any Project Agreement, including any obligation Contractor assumes to perform work with Contractor’s own forces, the Owner may, after seven (7) days written notice during which period Contractor 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 Contractor's Construction Phase Fee shall be reduced by an amount required to manage the making good of such deficiencies. (2) If Contractor 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 thirty (30) days or more behind schedule) which has been adopted by the Construction Team, or if Contractor 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 otherwise is guilty of a substantial violation of a provision of this Agreement or the Project Agreement, then the Owner may, without prejudice to any right or remedy and after giving Contractor and Contractor’s surety, if any, seven (7) days written notice, during which period Contractor fails to cure the violation, terminate the Project Agreement and Master Agreement and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by Contractor, and may finish the Project by whatever method Owner may deem expedient. In such case, Contractor shall not be entitled to receive any further payment until the Project is finished nor shall Contractor be relieved from Contractor’s obligations assumed herein. Reasonable terminal expenses incurred by the Owner may be deducted from any payments left owing Contractor (excluding monies owed Contractor for subcontract work). (3) If Contractor 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 Contractor in conjunction with this Agreement or the Project Agreement, then the Owner may, without prejudice to any right or remedy and after ...
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Owner's Right to Perform Contractor's Obligations and Termination by Owner for Cause. (1) If the Contractor fails to perform any of their obligations under this Agreement, including any obligation they assume to perform work with their own forces or those of a subcontractor, the Owner may, after seven (7) days written notice during which period the Contractor fails to commence and sufficiently pursue correction of such obligation, make good such deficiencies. The Guaranteed Maximum Price, 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 Contractor's Construction Phase Fee shall be reduced by an amount required to manage the making good of such deficiencies.
Sample 1
Owner's Right to Perform Contractor's Obligations and Termination by Owner for Cause. (1) If the Contractor fails to timely perform any of his obligations under this Agreement including any obligation the Contractor assumes to perform work with his own forces, the Owner may, after seven
Sample 1

Related to Owner's Right to Perform Contractor's Obligations and Termination by Owner for Cause

  • Indemnification by Contractor To the fullest extent permitted by law, the CONTRACTOR agrees to indemnify, defend and hold the COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney’s fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting therefrom) which 1) are caused in whole or in part by any action or omission, negligent or otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR’s subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this Contract; or 3) are based upon the CONTRACTOR’S or its subcontractors’ use of, presence upon or proximity to the property of the COUNTY. This indemnification obligation of the CONTRACTOR shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of the COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Action RCW Title 51, or by application of any other workmen’s compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to enter into the Contract, are reflected in the CONTRACTOR’s compensation, and have been mutually negotiated by the parties.

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