Common use of Owner’s Right to Perform Clause in Contracts

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.