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. 24.02 The Contract may be terminated by Owner for convenience by giving fifteen (15) days advance written notice to the Construction Manager. Upon receipt of such termination notice, Construction Manager shall stop all Work. In such event, Owner will pay to Construction Manager (i) all costs incurred by Construction Manager for Work completed through the date of the termination, less all amounts previously paid, plus (ii) all costs incurred by Construction Manager in organizing and carrying out the stoppage including reasonable and necessary general expenses, and (iii) all costs incurred by Construction Manager in canceling commitments or orders for materials, equipment, supplies, etc. including restocking charges, and (iv) all general expenses incurred through the date of termination, less amounts previously paid, and (v) all overhead and profit allocable to the portion of the Work completed prior to the date of termination less amounts previously paid. 24.03 In the event of termination by Owner, a copy of, or if in Construction Manager’s possession, original counterparts of all plans, specifications, contracts, agreements, permits, licenses and other documents, instruments, writings owned by or in the possession of Construction Manager and relating to the Work or the Project shall be turned over to Owner by Construction Manager and Owner may require Construction Manager promptly to assign to it all or some subcontracts, materials, equipment, tools, appliances, machinery, rental agreements and any other commitments which Owner in its sole discretion may wish to be assigned, and in such event, Construction Manager shall promptly execute and deliver to Owner written assignments of the same.
Appears in 2 contracts
Samples: Construction Management Contract, Construction Management Contract
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- 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.
24.02 The Contract may be terminated by Owner for convenience by giving fifteen (15) days advance written notice to the Construction Manager. Upon receipt of such termination notice, Construction Manager shall stop all Work. In such event, Owner will pay to Construction Manager (i) all costs incurred by Construction Manager for Work completed through the date of the termination, less all amounts previously paid, plus (ii) all costs incurred by Construction Manager in organizing and carrying out the stoppage including reasonable and necessary general expenses, and (iii) all costs incurred by Construction Manager in canceling commitments or orders for materials, equipment, supplies, etc. including restocking charges, and (iv) all general expenses incurred through the date of termination, less amounts previously paid, and (v) all overhead and profit allocable to the portion of the Work completed prior to the date of termination less amounts previously paid.
24.03 In the event of termination by Owner, a copy of, or if in Construction Manager’s possession, original counterparts of all plans, specifications, contracts, agreements, permits, licenses and other documents, instruments, writings owned by or in the possession of Construction Manager and relating to the Work or the Project shall be turned over to Owner by Construction Manager and Owner may require Construction Manager promptly to assign to it all or some subcontracts, materials, equipment, tools, appliances, machinery, rental agreements and any other commitments which Owner in its sole discretion may wish to be assigned, and in such event, Construction Manager shall promptly execute and deliver to Owner written assignments of the same.and
Appears in 1 contract
Samples: Standard Form of Contract for Architectural Services
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- 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.
24.02 The Contract may be terminated by Owner for convenience by giving fifteen (15) days advance written notice to the Construction Manager. Upon receipt of such termination notice, Construction Manager shall stop all Work. In such event, Owner will pay to Construction Manager (i) all costs incurred by Construction Manager for Work completed through the date of the termination, less all amounts previously paid, plus (ii) all costs incurred by Construction Manager in organizing and carrying out the stoppage including reasonable and necessary general expenses, and (iii) all costs incurred by Construction Manager in canceling commitments or orders for materials, equipment, supplies, etc. including restocking charges, and (iv) all general expenses incurred through the date of termination, less amounts previously paid, and (v) all overhead and profit allocable to the portion of the Work completed prior to the date of termination less amounts previously paid.
24.03 In the event of termination by Owner, a copy of, or if in Construction Manager’s possession, original counterparts of all plans, specifications, contracts, agreements, permits, licenses and other documents, instruments, writings owned by or in the possession of Construction Manager and relating to the Work or the Project shall be turned over to Owner by Construction Manager and Owner may require Construction Manager promptly to assign to it all or some subcontracts, materials, equipment, tools, appliances, machinery, rental agreements and any other commitments which Owner in its sole discretion may wish to be assigned, and in such event, Construction Manager shall promptly execute and deliver to Owner written assignments of the same.
Appears in 1 contract
Samples: Construction Management Contract
Owner’s Right to Terminate. 24.01 If (a) Owner may terminate, in whole or in part, this Contractor Work Contract for Owner's convenience at any time there upon written notice to Contractor. As Contractor’s sole and exclusive recourse, Contractor shall be filed by or against Construction Manager entitled to all of its reasonable direct costs for performance of this Contractor Work Contract up to the date of termination, plus Contractor's reasonable out-of-pocket expenses incurred 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; orperforming its post-termination obligations, 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 including reasonable time; or, if Construction Manager fails to make payment out-of-pocket cancellation costs actually paid in accordance with ITEM 11 Contractor's obligations to its Subcontractors or suppliers Suppliers; provided, however, that Contractor shall take reasonable steps to mitigate its charges to Owner. Owner, in its’ sole discretion, shall be entitled to take delivery of anything for labor which it is being charged by Contractor hereunder. In no event shall Contractor be entitled to receive profits on any Work not performed as a result of such termination. In the event of a termination for Owner's convenience, Contractor shall:
(i) stop performing all Work on the effective date of the notice of termination;
(ii) place no further order or subcontract for materials, services or disregards lawsfacilities;
(iii) terminate all orders and subcontracts;
(iv) upon receipt of all monies due to Contractor hereunder, ordinancestransfer title to Owner of all Work in progress, rulescompleted Work, regulations and goods produced as part of or orders acquired in connection with the performance of any public authority; orthe Work;
(v) deliver to Owner such completed or partially completed plans, drawings and other information that, if Construction Managerthe Contractor Work Contract had been completed, without limitationwould have been required to be furnished (or returned) to Owner;
(vi) deliver to Owner a list of vendors, fails Suppliers and Subcontractors that have furnished materials, equipment or refuses services in connection with the Work; and
(vii) take such steps as Contractor reasonably may deem appropriate to perform any provision effect an orderly closing down of the Work.
(b) If Contractor shall fail or refuse to diligently perform the Work or shall fail to make prompt payment to its Subcontractor(s) or for materials or labor, or shall disregard Applicable Laws or safety considerations or the instructions of Owner or shall otherwise be in material breach of this Contractor Work Contract, then Owner mayOwner, without prejudice to any other right or remedy it may have, may terminate this Contractor Work Contract upon written notice to Contractor and after giving Construction Manager and its surety, if any, five (5) days’ written notice, terminate the employment of Construction Manager and may take possession and control of the Project site and all materials, equipment, tools, appliances and machinery thereon owned by Construction Manager Work and may finish the Work by whatever any method Owner may deem deems expedient. In the event of such casetermination, Construction Manager Contractor shall:
(i) stop performing all Work on the effective date of the notice of termination;
(ii) place no further order or subcontract for materials, services or facilities;
(iii) at Owner's election, terminate or assign to Owner all orders and subcontracts;
(iv) transfer title to Owner of all Work in progress, completed Work, and goods produced as part of or acquired in connection with the performance of the Work;
(v) deliver to Owner such completed or partially completed plans, drawings and other information that, if the Contractor Work Contract had been completed, would have been required to be furnished (or returned) to Owner;
(vi) deliver to Owner a list of vendors, Suppliers and Subcontractors that have furnished materials, equipment or services in connection with the Work.
(c) Upon termination pursuant to Subsection 18(b), Contractor shall not be entitled to receive any further payment until the Work is completed. In the event If the unpaid balance of the Contract Amount is in excess Price shall exceed the Owner's costs of finishing the cost incurred by Owner in completion Work, including reasonable compensation for additional managerial or administrative services required of the Work and any loss of any other kind arising from the default and terminationOwner, such excess shall be paid to Construction ManagerContractor. If such Owner's costs shall exceed the unpaid balancebalance of the Contract Price, Construction Manager Contractor shall promptly pay the difference to Owner promptly after receiving a written demand therefor.
(d) Contractor will obligate its Suppliers and Subcontractors to the same conditions with respect to termination as those applicable to Contractor as set forth above.
(e) Notwithstanding anything in this Section 18, Contractor shall work with Owner to implement a transition plan and otherwise cooperate in a reasonable fashion, in each case at no cost to Owner. The obligation , so as to make such payments shall survive enable a third party of Owner’s choosing to provide the Work to Owner upon termination of the Contractor Work 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.
24.02 The Contract may be terminated by Owner for convenience by giving fifteen (15) days advance written notice to the Construction Manager. Upon receipt of such termination notice, Construction Manager shall stop all Work. In such event, Owner will pay to Construction Manager (i) all costs incurred by Construction Manager for Work completed through the date of the termination, less all amounts previously paid, plus (ii) all costs incurred by Construction Manager in organizing and carrying out the stoppage including reasonable and necessary general expenses, and (iii) all costs incurred by Construction Manager in canceling commitments or orders for materials, equipment, supplies, etc. including restocking charges, and (iv) all general expenses incurred through the date of termination, less amounts previously paid, and (v) all overhead and profit allocable to the portion of the Work completed prior to the date of termination less amounts previously paid.
24.03 In the event of termination by Owner, a copy of, or if in Construction Manager’s possession, original counterparts of all plans, specifications, contracts, agreements, permits, licenses and other documents, instruments, writings owned by or in the possession of Construction Manager and relating to the Work or the Project shall be turned over to Owner by Construction Manager and Owner may require Construction Manager promptly to assign to it all or some subcontracts, materials, equipment, tools, appliances, machinery, rental agreements and any other commitments which Owner in its sole discretion may wish to be assigned, and in such event, Construction Manager shall promptly execute and deliver to Owner written assignments of the same.
Appears in 1 contract
Samples: Contractor Work Master Agreement
Owner’s Right to Terminate. 24.01 If (a) Owner may terminate, in whole or in part, this Engineering Service Contract for Owner's convenience at any time there upon written notice to Engineering Services Contractor. Engineering Services Contractor shall be filed by or against Construction Manager entitled to all of its reasonable direct costs for performance of this Engineering Service Contract up to the date of termination. Owner shall reimburse Engineering Services Contractor for its reasonable out-of-pocket expenses incurred 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; orperforming its post- termination obligations, 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 including reasonable time; or, if Construction Manager fails to make payment out-of-pocket cancellation costs actually paid in accordance with ITEM 11 Engineering Services Contractor's obligations to its Subcontractors or suppliers Suppliers; provided, however, that Engineering Services Contractor shall take reasonable steps to mitigate its charges to Owner. Owner, in its’ sole discretion, shall be entitled to take delivery of anything for labor which it is being charged by Engineering Services Contractor hereunder. In no event shall Engineering Services Contractor be entitled to receive unrealized profits on any Work not performed as a result of such termination. In the event of a termination for Owner's convenience, Engineering Services Contractor shall:
(i) stop performing all Work on the effective date of the notice of termination;
(ii) place no further order or subcontract for materials, services or disregards lawsfacilities;
(iii) terminate all orders and subcontracts;
(iv) upon receipt of all monies due to Engineering Services Contractor hereunder, ordinancestransfer title to Owner of all Work in progress and completed Work;
(v) deliver to Owner such completed or partially completed plans, rules, regulations or orders of any public authority; ordrawings and other information that, if Construction Managerthe Engineering Service Contract had been completed, without limitationwould have been required to be furnished (or returned) to Owner;
(vi) deliver to Owner a list of vendors, fails Suppliers and Subcontractors that have furnished materials, equipment or refuses services in connection with the Work; and
(vii) take such steps as Engineering Services Contractor reasonably may deem appropriate to perform any provision effect an orderly closing down of the Work.
(b) If Engineering Services Contractor shall persistently or repeatedly fail or consistently perform defective Work or refuse to diligently perform the Work or shall fail to make prompt payment to its Subcontractors or Suppliers for materials or labor, or shall disregard Applicable Laws, Owner’s Site Rules or safety considerations or the instructions of Owner or shall otherwise be in material breach of this Engineering Service Contract, then Owner mayOwner, without prejudice to any other right or remedy it may have and after giving Construction Manager and its surety, if any, five fifteen (515) days’ days opportunity for Engineering Services Contractor to cure after written notice, may terminate the employment of Construction Manager this Engineering Service Contract upon written notice to Engineering Services Contractor and may take possession and control of the Project site and all materials, equipment, tools, appliances and machinery thereon owned by Construction Manager Work and may finish the Work by whatever any method Owner may deem deems expedient. In the event of such casetermination, Construction Manager Engineering Services Contractor shall:
(i) stop performing all Work on the effective date of the notice of termination;
(ii) place no further order or subcontract for materials, services or facilities;
(iii) at Owner's election, terminate or assign to Owner all orders and subcontracts;
(iv) transfer title to Owner of all Work in progress and completed Work;
(v) deliver to Owner such completed or partially completed plans, drawings and other information that, if the Engineering Service Contract had been completed, would have been required to be furnished (or returned) to Owner;
(vi) deliver to Owner a list of vendors, Suppliers and Subcontractors that have furnished materials, equipment or services in connection with the Work.
(c) Upon termination pursuant to Section 18(b), Engineering Services Contractor shall not be entitled to receive any further payment until the Work is completed. In the event If the unpaid balance of the Contract Amount is in excess Price shall exceed the Owner's costs of finishing the cost incurred by Owner in completion Work, including reasonable compensation for additional managerial or administrative services required of the Work and any loss of any other kind arising from the default and terminationOwner, such excess shall be paid to Construction ManagerEngineering Services Contractor. If such Owner's costs shall exceed the unpaid balancebalance of the Contract Price, Construction Manager Engineering Services Contractor 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 promptly after receiving a written demand therefor.
(d) Engineering Services Contractor will obligate its Suppliers and Subcontractors to the terms of this Item 24.1, Owner shall be entitled same conditions with respect to recover its cost of bringing such action including, without limitation, legal fees and expenses. Further, nothing herein shall act termination as a limitation on the rights of Owner those applicable to obtain from Construction Manager whatever remedies to which Owner is entitled Engineering Services Contractor as a matter of law or in equityset forth above.
24.02 The Contract may be terminated by Owner for convenience by giving fifteen (15) days advance written notice to the Construction Manager. Upon receipt of such termination notice, Construction Manager shall stop all Work. In such event, Owner will pay to Construction Manager (i) all costs incurred by Construction Manager for Work completed through the date of the termination, less all amounts previously paid, plus (ii) all costs incurred by Construction Manager in organizing and carrying out the stoppage including reasonable and necessary general expenses, and (iii) all costs incurred by Construction Manager in canceling commitments or orders for materials, equipment, supplies, etc. including restocking charges, and (iv) all general expenses incurred through the date of termination, less amounts previously paid, and (v) all overhead and profit allocable to the portion of the Work completed prior to the date of termination less amounts previously paid.
24.03 In the event of termination by Owner, a copy of, or if in Construction Manager’s possession, original counterparts of all plans, specifications, contracts, agreements, permits, licenses and other documents, instruments, writings owned by or in the possession of Construction Manager and relating to the Work or the Project shall be turned over to Owner by Construction Manager and Owner may require Construction Manager promptly to assign to it all or some subcontracts, materials, equipment, tools, appliances, machinery, rental agreements and any other commitments which Owner in its sole discretion may wish to be assigned, and in such event, Construction Manager shall promptly execute and deliver to Owner written assignments of the same.
Appears in 1 contract
Owner’s Right to Terminate. 24.01 If (a) Owner may terminate, in whole or in part, this Contractor Work Contract for Owner's convenience at any time there upon written notice to Contractor. As Seller's sole and exclusive recourse, Contractor shall be filed by or against Construction Manager entitled to all of its reasonable direct costs for performance of this Contractor Work Contract up to the date of termination, plus Contractor's reasonable out-of-pocket expenses incurred 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; orperforming its post-termination obligations, 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 including reasonable time; or, if Construction Manager fails to make payment out-of-pocket cancellation costs actually paid in accordance with ITEM 11 Contractor's obligations to its Subcontractors or suppliers Suppliers, provided, however, that Contractor shall take reasonable steps to mitigate its charges to Owner. Owner, in its’ sole discretion, shall be entitled to take delivery of anything for labor which it is being charged by Contractor hereunder. In no event shall Contractor be entitled to receive profits on any Work not performed as a result of such termination. In the event of a termination for Owner's convenience, Contractor shall:
(i) stop performing all Work on the effective date of the notice of termination;
(ii) place no further order or subcontract for materials, services or disregards lawsfacilities;
(iii) terminate all orders and subcontracts;
(iv) upon receipt of all monies due to Contractor hereunder, ordinancestransfer title to Owner of all Work in progress, rulescompleted Work, regulations and goods produced as part of or orders acquired in connection with the performance of any public authority; orthe Work;
(v) deliver to Owner such completed or partially completed plans, drawings and other information that, if Construction Managerthe Contractor Work Contract had been completed, without limitationwould have been required to be furnished (or returned) to Owner;
(vi) deliver to Owner a list of vendors, fails Suppliers and Subcontractors that have furnished materials, equipment or refuses services in connection with the Work; and
(vii) take such steps as Contractor reasonably may deem appropriate to perform any provision effect an orderly closing down of the Work.
(b) If Contractor shall fail or refuse to diligently perform the Work or shall fail to make prompt payment to its Subcontractor or for materials or labor, or shall disregard Applicable Laws or safety considerations or the instructions of Owner or shall otherwise be in material breach of this Contractor Work Contract, then Owner mayOwner, without prejudice to any other right or remedy it may have, may terminate this Contractor Work Contract upon written notice to Contractor and after giving Construction Manager and its surety, if any, five (5) days’ written notice, terminate the employment of Construction Manager and may take possession and control of the Project site and all materials, equipment, tools, appliances and machinery thereon owned by Construction Manager Work and may finish the Work by whatever any method Owner may deem deems expedient. In the event of such casetermination, Construction Manager Contractor shall:
(i) stop performing all Work on the effective date of the notice of termination;
(ii) place no further order or subcontract for materials, services or facilities;
(iii) at Owner's election, terminate or assign to Owner all orders and subcontracts;
(iv) transfer title to Owner of all Work in progress, completed Work, and goods produced as part of or acquired in connection with the performance of the Work;
(v) deliver to Owner such completed or partially completed plans, drawings and other information that, if the Contractor Work Contract had been completed, would have been required to be furnished (or returned) to Owner;
(vi) deliver to Owner a list of vendors, Suppliers and Subcontractors that have furnished materials, equipment or services in connection with the Work.
(c) Upon termination pursuant to Section 18(b), Contractor shall not be entitled to receive any further payment until the Work is completed. In the event If the unpaid balance of the Contract Amount is in excess Price shall exceed the Owner's costs of finishing the cost incurred by Owner in completion Work, including reasonable compensation for additional managerial or administrative services required of the Work and any loss of any other kind arising from the default and terminationOwner, such excess shall be paid to Construction ManagerContractor. If such Owner's costs shall exceed the unpaid balancebalance of the Contract Price, Construction Manager Contractor 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 promptly after receiving a written demand therefor.
(d) Contractor will obligate its Suppliers and Subcontractors to the terms of this Item 24.1, Owner shall be entitled same conditions with respect to recover its cost of bringing such action including, without limitation, legal fees and expenses. Further, nothing herein shall act termination as a limitation on the rights of Owner those applicable to obtain from Construction Manager whatever remedies to which Owner is entitled Contractor as a matter of law or in equityset forth above.
24.02 The Contract may be terminated by Owner for convenience by giving fifteen (15) days advance written notice to the Construction Manager. Upon receipt of such termination notice, Construction Manager shall stop all Work. In such event, Owner will pay to Construction Manager (i) all costs incurred by Construction Manager for Work completed through the date of the termination, less all amounts previously paid, plus (ii) all costs incurred by Construction Manager in organizing and carrying out the stoppage including reasonable and necessary general expenses, and (iii) all costs incurred by Construction Manager in canceling commitments or orders for materials, equipment, supplies, etc. including restocking charges, and (iv) all general expenses incurred through the date of termination, less amounts previously paid, and (v) all overhead and profit allocable to the portion of the Work completed prior to the date of termination less amounts previously paid.
24.03 In the event of termination by Owner, a copy of, or if in Construction Manager’s possession, original counterparts of all plans, specifications, contracts, agreements, permits, licenses and other documents, instruments, writings owned by or in the possession of Construction Manager and relating to the Work or the Project shall be turned over to Owner by Construction Manager and Owner may require Construction Manager promptly to assign to it all or some subcontracts, materials, equipment, tools, appliances, machinery, rental agreements and any other commitments which Owner in its sole discretion may wish to be assigned, and in such event, Construction Manager shall promptly execute and deliver to Owner written assignments of the same.
Appears in 1 contract
Samples: Contractor Work Master Agreement