Owner’s Right to Prosecute the Work. Time being of the essence, if the Contractor shall be declared in default, both the Contractor and the Surety agree that the Owner may, after giving the Contractor and Surety the required notice and time under the bond if any is required, without prejudice to any other remedy and without invalidating the performance bond, make good such deficiencies and may deduct the cost thereof from payment due the Contractor or, at the Owner's option and without prejudice to the Owner’s rights against the Contractor and Surety, the Owner may terminate the Contractor and take possession of the Site and of all materials, equipment, tools and construction equipment and machinery thereon owned by the Contractor and finish the Work by whatever method the Owner shall deem expedient.
Appears in 40 contracts
Samples: Construction Contract, Construction Contract, Construction Contract
Owner’s Right to Prosecute the Work. Time being of the essence, if the Contractor shall be declared in default, both the Contractor and the Surety agree that the Owner may, after giving the Contractor and Surety the required notice and time under the bond if any is required, without prejudice to any other remedy and without invalidating the performance bond, make good such deficiencies and may deduct the cost thereof from payment due the Contractor or, at the Owner's option and without prejudice to the Owner’s rights against the Contractor and Surety, the Owner may terminate the Contractor and take possession of the Site and of all materials, equipment, tools and construction equipment and machinery thereon owned by the Contractor and finish the Work by whatever method the Owner shall deem expedient.
Appears in 35 contracts
Samples: Construction Contract, Construction Contract, Construction Contract
Owner’s Right to Prosecute the Work. Time being of the essence, if the Contractor shall be declared in default, both the Contractor and the Surety agree that the Owner may, after giving the Contractor and Surety the required notice and time under the bond if any is required, without prejudice to any other remedy and without invalidating the performance bond, make good such deficiencies and may deduct the cost thereof from payment due the Contractor or, at the Owner's option and without prejudice to the Owner’s Owner‟s rights against the Contractor and Surety, the Owner may terminate the Contractor and take possession of the Site and of all materials, equipment, tools and construction equipment and machinery thereon owned by the Contractor and finish the Work by whatever method the Owner shall deem expedient.
Appears in 1 contract