Owner’s Right to Terminate. If CM/GC makes a general assignment for the benefit of its creditors, or if a receiver is appointed on account of its insolvency, or if it persistently or repeatedly refuses or fails, except in cases for which extensions of time are provided, to supply enough properly skilled workmen or proper materials, or if it fails to make proper payment to Trade Contractors for materials or labor, or persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction over the Project, or if it fails to diligently prosecute the work in accordance with the User’s Program, the Construction Documents, or the Contract Documents, or if it otherwise is guilty of a substantial violation of any provision of this Contract, then the Owner may, without prejudice to any right or remedy and after giving the CM/GC and its surety, if any, ten (10) days' written notice of the Owner’s Intent to Declare Default, during which period the CM/GC fails to cure or fails to commence and thereafter diligently prosecute Work necessary to cure the violation, declare the CM/GC to be in Default and to terminate the employment of the CM/GC.
Owner’s Right to Terminate. If Owner determines the Project lacks feasibility or for any other reason, in its sole and complete discretion, elects to forego the Project’s construction, the Owner shall have the right, upon thirty (30) days prior written notice to the CM/GC, to terminate this Contract without cause and irrespective of whether or not CM/GC is in default of any of its obligations hereunder.
Owner’s Right to Terminate. Notwithstanding the rights of the Owner or defaults outlined above, the Owner shall have the right to terminate this Contract, in whole or in part, at its own convenience for any reason by giving seven (7) days prior written notice of termination to the CMR. In such event, the CMR shall be paid an amount equal to the lesser of: (1) the actual cost of any Work actually performed or in place and the actual cost of any labor, equipment or materials ordered in good faith which could not be canceled, less the salvage value thereof, plus 10%; or (2) the pro rata percentage of completion based upon the approved Schedule of Values, Section 01291 of the Specifications, plus the actual cost of any labor, equipment or materials ordered in good faith which could not be canceled, less the salvage value thereof. Each subcontract shall contain a similar termination provision for the benefit of the CMR and the Owner. The CMR shall not be entitled to receive anticipated profits on unperformed portions of the Work. The Owner shall have the right to employ an independent accounting firm to verify any amounts claimed by the CMR to be due under this Paragraph. The Owner shall have the right of audit (and CMR shall have the obligations) stated in Paragraph 9.4, insofar as they pertain to amounts claimed to be due hereunder. In the event a termination by the Owner for default, in whole or in part, subsequently is determined to have been without sufficient justification, such termination shall be deemed a termination for convenience and the CMR’s remedies shall be limited as provided in this Paragraph 17.6.
Owner’s Right to Terminate. Owner may terminate this Agreement upon thirty (30) days prior written notice. If Owner terminates this Agreement, then Contractor shall only be paid for the work performed or expenses incurred prior to the receipt of the notice of termination.
Owner’s Right to Terminate. The Owner may, at any time, terminate the Contract for the Owner’s convenience and without cause.
Owner’s Right to Terminate. If Owner believes performance of repairs to Unit, and/or areas near the Unit poses a danger to Resident, Owner may terminate this Lease by giving Resident written notice five (5) days in advance of the date the Lease is terminated. Owner also has the right to terminate this Lease during the Lease term by providing Resident with written notice thirty (30) days in advance of the termination if Owner is demolishing the Unit or closing it and it will no longer be used for residential purposes for at least six (6) months. If the Lease is so terminated, Owner will refund to Resident prorated rent and all deposits, less all lawful deductions. Owner may also remove Resident’s personal property from the Unit if it causes a health or safety hazard.
Owner’s Right to Terminate. 24.01 If at any time there shall be filed by or against Construction Manager in any court a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Construction Manager’s property; or, if Construction Manager makes an assignment for the benefit of creditors or petitions or enters into an agreement or arrangement with creditors; or, if Construction Manager refuses to supply enough properly skilled workers or proper materials or otherwise fails to secure adequate job progress in the opinion of Owner; or, if Construction Manager fails to correct defective or non- conforming work within a reasonable time; or, if Construction Manager fails to make payment in accordance with ITEM 11 to Subcontractors or suppliers for labor or materials, or disregards laws, ordinances, rules, regulations or orders of any public authority; or, if Construction Manager, without limitation, fails or refuses to perform any provision of the Contract, then Owner may, without prejudice to any right or remedy and after giving Construction Manager and its surety, if any, five (5) days’ written notice, terminate the employment of Construction Manager and take possession of the Project site and all materials, equipment, tools, appliances and machinery thereon owned by Construction Manager and may finish the Work by whatever method Owner may deem expedient. In such case, Construction Manager shall not be entitled to receive any further payment until the Work is completed. In the event the unpaid balance of the Contract Amount is in excess of the cost incurred by Owner in completion of the Work and any loss of any other kind arising from the default and termination, such excess shall be paid to Construction Manager. If such costs exceed the unpaid balance, Construction Manager shall promptly pay the difference to Owner. The obligation to make such payments shall survive the termination of the Contract. In the event Owner is required to bring legal proceedings to recover any amounts that may be owed to Owner by Construction Manager pursuant to the terms of this Item 24.1, Owner shall be entitled to recover its cost of bringing such action including, without limitation, legal fees and expenses. Further, nothing herein shall act as a limitation on the rights of Owner to obtain from Construction Manager whatever remedies to which Owner is entitled as a matter of law or in equity.
Owner’s Right to Terminate. Owner shall have the right to terminate all or any portion of its rights in this Agreement after the fourth (4th) anniversary of the Effective Date if, at the time Owner’s written termination notice is delivered, Tenant has not commenced construction of Solar Facilities for the Project on the Property.
Owner’s Right to Terminate. Prior to Execution of GMP Amendment. Prior to execution by all Parties of the GMP Amendment, the Owner may terminate the Contract at any time without cause. Upon such termination, the amount to be paid to the CM/GC shall not exceed the Preconstruction Services amount payable to the date of termination, together with amounts payable for Early Work if an Early Work Amendment has been executed. If the Owner terminates for convenience during the Preconstruction Phase, the Owner shall be entitled to copies of, and shall have the right to use, all work product of the CM/GC and its Subcontractors performed or provided to the date of termination, and the CM/GC shall deliver copies of the work product to the Owner on request.
Owner’s Right to Terminate. Should the Contractor fail to perform any material term or condition of the Contract Documents, the Owner shall be at liberty, after thirty (30) days written notice to the Contractor and Contractor’s failure to remedy the problem within that time period, to terminate this Agreement and to enter upon the Facilities and take possession of the equipment and materials for the purpose of completing the work to be done under this Contract, to use all materials of the Contractor available for such work, and to employ any other person or persons to finish the work and to provide such additional materials therefor as may be necessary; and in case of such termination of the employment of the Contractor, the Contractor shall not be entitled to receive any further payment under this Contract until the work shall be wholly finished, at which time if the unpaid balance of the amount to be paid under the Contract shall exceed the expense incurred by the Owner in finishing the work, such excess shall be paid by the Owner to the Contractor, but if such expense shall exceed such unpaid balance, the Contractor shall pay the excess to the Owner. The expenses incurred by the Owner as herein provided, either for the furnishing of materials or for finishing the work, and any damage incurred through such fault of the Contractor shall be certified by the Owner, and payment shall be made upon such certification.
