Common use of Owner’s Right to Terminate for Convenience Clause in Contracts

Owner’s Right to Terminate for Convenience. 15.3.1 Upon ten (10) Days’ written notice to Design-Builder, Owner may, for its convenience and without cause, elect to terminate this Agreement. In such event, Owner shall pay Design-Builder for the following: (a) to the extent not already paid, all Work executed, and for proven loss, cost or expense in connection with the Work; (b) the reasonable costs and expenses attributable to such termination, including demobilization costs; (c) amounts due in settlement of terminated contracts with Subcontractors and Design Consultants; (d) overhead and profit margin in the amount of fifteen percent (15%) on the sum of items (a) and (b) above; and (e) all retainage withheld by Owner on account of Work that has been completed in accordance with the Contract Documents. 15.3.2 If Owner terminates this Agreement pursuant to this Section 15.3 and proceeds to design and construct the Project through its employees, agents or third parties, Owner’s rights to use the Work Product shall be as set forth in Section 5.3.

Appears in 13 contracts

Samples: Lump Sum Design Build Agreement (Advanced BioEnergy, LLC), Lump Sum Design Build Agreement (ASAlliances Biofuels, LLC), Lump Sum Design Build Agreement (ASAlliances Biofuels, LLC)

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Owner’s Right to Terminate for Convenience. 15.3.1 Upon ten (10) Days’ written notice to Design-Builder, Owner may, for its convenience and without cause, elect to terminate this Agreement. In such event, Owner shall pay Design-Builder for the following: (a) to the extent not already paid, all Work executed, and for proven loss, cost or expense in connection with the Work; (b) the reasonable costs and expenses attributable to such termination, including demobilization costs; (c) amounts due in settlement of terminated contracts with Subcontractors and Design Consultants; (d) overhead and profit margin in the amount of fifteen percent (15%) on the sum of items (a) and (b) above; and (e) all retainage withheld by Owner on account of Work that has been completed in accordance with the Contract Documents. 15.3.2 If Owner terminates this Agreement pursuant to this Section 15.3 and proceeds to design and construct the Project through its employees, agents or third parties, Owner’s rights to use the Work Product shall be as set forth in Section 5.3.

Appears in 3 contracts

Samples: Master Agreement for Design, Engineering and Construction (US BioEnergy CORP), Master Agreement for Design, Engineering and Construction (US BioEnergy CORP), Master Agreement for Design, Engineering and Construction (US BioEnergy CORP)

Owner’s Right to Terminate for Convenience. 15.3.1 Upon ten (10) Days’ written notice to Design-Builder, Owner may, for its convenience and without cause, elect to terminate this Agreement. In such event, Owner shall pay Design-Builder for the following: (a) to the extent not already paid, all Work executed, and for proven loss, cost or expense in connection with the Work; (b) the reasonable costs and expenses attributable to such termination, including demobilization costs; (c) amounts due in settlement of terminated contracts with Subcontractors and Design Consultants; (d) overhead and profit margin in the amount of fifteen percent (15%) on the sum of items (a) and (b) above; and (e) all retainage withheld by Owner on account of Work that has been completed in accordance with the Contract Documents. 15.3.2 If Owner terminates this Agreement pursuant to this Section 15.3 and proceeds to design and construct the Expansion Project through its employees, agents or third parties, Owner’s rights to use the Work Product shall be as set forth in Section 5.3.

Appears in 3 contracts

Samples: Lump Sum Design Build Expansion Agreement (Little Sioux Corn Processors LLC), Lump Sum Design Build Expansion Agreement (Golden Grain Energy), Lump Sum Design Build Expansion Agreement (US BioEnergy CORP)

Owner’s Right to Terminate for Convenience. 15.3.1 Upon ten (10) Days' written notice to Design-Builder, Owner may, for its convenience and without cause, elect to terminate this Agreement. In such event, Owner shall pay Design-Builder for the following: (a) to the extent not already paid, all Work executed, and for proven loss, cost or expense in connection with the Work; (b) the reasonable costs and expenses attributable to such termination, including demobilization costs; (c) amounts due in settlement of terminated contracts with Subcontractors and Design Consultants; (d) overhead and profit margin in the amount of fifteen percent (15%) on the sum of items (a) and (b) above; and (e) all retainage withheld by Owner on account of Work that has been completed in accordance with the Contract Documents. 15.3.2 If Owner terminates this Agreement pursuant to this Section 15.3 and proceeds to design and construct the Project through its employees, agents or third parties, Owner’s 's rights to use the Work Product shall be as set forth in Section 5.3.

Appears in 2 contracts

Samples: Lump Sum Design Build Agreement (Green Plains Renewable Energy, Inc.), Lump Sum Design Build Agreement (Green Plains Renewable Energy, Inc.)

Owner’s Right to Terminate for Convenience. 15.3.1 Upon ten (10) Days’ days' written notice to Design-Builder, Owner may, for its convenience and without cause, elect to terminate this Agreement. In such event, Owner shall pay Design-Builder for the following: (a) to To the extent not already paid, all Work executed, and for proven loss, cost or expense in connection with the Work; (b) the The reasonable costs and expenses attributable to such termination, including demobilization costs; (c) costs and amounts due in settlement of terminated contracts with Subcontractors and Design Consultants;; (dc) overhead Overhead and profit margin in the amount of fifteen percent (15%) on the sum of items (a) and (b) above, except that overhead and profit shall not be due regarding amounts due in settlement of terminated contracts with subcontractors and design consultants; and (ed) all retainage withheld by Owner on account of Work that has been completed in accordance with the Contract Documents. 15.3.2 If Owner terminates this Agreement pursuant to this Section 15.3 above and proceeds to design and construct the Project through its employees, agents or third parties, Owner’s 's rights to use the Work Product shall be as set forth in Section 5.3.

Appears in 2 contracts

Samples: Lump Sum Design Build Agreement (Red Trail Energy, LLC), Lump Sum Design Build Agreement (Red Trail Energy, LLC)

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Owner’s Right to Terminate for Convenience. 15.3.1 Upon ten (10) Days’ written notice to Design-Builder, Owner may, for its convenience and without cause, elect to terminate this Agreement. In such event, Owner shall pay Design-Builder for the following: (a) to the extent not already paid, all Work executed, and for proven loss, cost or expense in connection with the Work; (b) the reasonable costs and expenses attributable to such termination, including demobilization costs; (c) amounts due in settlement of terminated contracts with Subcontractors and Design Consultants; (d) overhead and profit margin in the amount of fifteen percent (15%) on the sum of items (a) and (b) above; and (e) all retainage withheld by Owner on account of Work that has been completed in accordance with the Contract Documents.. Siouxland Ethanol, LLC 34 January 5, 2006 15.3.2 If Owner terminates this Agreement pursuant to this Section 15.3 and proceeds to design and construct the Project through its employees, agents or third parties, Owner’s rights to use the Work Product shall be as set forth in Section 5.3.

Appears in 1 contract

Samples: Lump Sum Design Build Agreement (Siouxland Ethanol, LLC)

Owner’s Right to Terminate for Convenience. 15.3.1 Upon ten (10) Days’ written notice to Design-Builder, Owner may, for its convenience and without cause, elect to terminate this Agreement. In such event, Owner shall pay Design-Builder for the following: (a) to the extent not already paid, all Work executed, and for proven loss, cost or expense in connection with the Work; (b) the reasonable costs and expenses attributable to such termination, including demobilization costs; (c) amounts due in settlement of terminated contracts with Subcontractors and Design Consultants; (d) overhead and profit margin in the amount of fifteen percent (15%) on the sum of items (a) and (b) above; and (e) all retainage withheld by Owner on account of Work that has been completed in accordance with the Contract Documents.. One Earth Energy, LLC May 17, 2007 15.3.2 If Owner terminates this Agreement pursuant to this Section 15.3 and proceeds to design and construct the Project through its employees, agents or third parties, Owner’s rights to use the Work Product shall be as set forth in Section 5.3.

Appears in 1 contract

Samples: Lump Sum Design Build Agreement (One Earth Energy LLC)

Owner’s Right to Terminate for Convenience. 15.3.1 Upon ten (10) Days’ written notice to Design-Builder, Owner may, for its convenience and without cause, elect to terminate this Agreement. In such event, Owner shall pay Design-Builder for the following: (a) to the extent not already paid, all Work executed, and for proven loss, cost or expense in connection with the Work; (b) the reasonable costs and expenses attributable to such termination, including demobilization costs; (c) amounts due in settlement of terminated contracts with Subcontractors and Design Consultants; (d) overhead and profit margin in the amount of fifteen percent (15%) on the sum of items (a) and (b) above; and (e) all retainage withheld by Owner on account of Work that has been completed in accordance with the Contract Documents. 15.3.2 If Owner terminates this Agreement pursuant to this Section 15.3 and proceeds to design and construct the Project through its employees, agents or third parties, Owner’s rights to use the Work Product shall be as set forth in Section 5.3.. Cardinal Ethanol, LLC December 14, 2006

Appears in 1 contract

Samples: Lump Sum Design Build Agreement (Cardinal Ethanol LLC)

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