Common use of Owner’s Rights and Remedies Clause in Contracts

Owner’s Rights and Remedies. If a Contractor Event of Default occurs, subject to Article 29, Owner shall have the following rights and remedies and may elect to pursue any or all of them, in addition to any other rights and remedies that may be available to Owner hereunder, and Contractor shall have the following obligations: (a) Owner may terminate this Agreement after having given ten (10) Business Days prior Notice of such termination to Contractor; (1) if Owner terminates this Agreement in accordance with the provisions hereof, Contractor shall stop Work, enter into no further obligations related thereto and withdraw from the Site, shall remove such materials, equipment, tools, and instruments used by and any debris or waste materials generated by Contractor in the performance of the Work as Owner may direct, and Owner may take possession of any or all Contractor Deliverables necessary for completion of the Work (whether or not such Contractor Deliverables are complete); (2) upon receipt of written Notice from Owner of termination of this Agreement pursuant to Section 18.1, Contractor will in the event such Contractor Event of Default has occurred after Substantial Completion, (a) enter into no further subcontracts and purchase orders; and (b) at Owner’s instruction, to the extent Contractor may do so under the terms of such Subcontract, assign its rights under all Subcontracts to Owner or Owner’s designee; (3) if Owner terminates this Agreement, Owner may seek damages as provided in Section 19.1. (b) Owner may proceed against the Performance and Payment Bonds; (c) Owner may seek equitable relief solely to cause Contractor to take action, or to refrain from taking action pursuant to this Agreement; and (d) Owner may pursue the dispute resolution procedures set forth in Article 30 to enforce the provisions of this Agreement and to seek actual direct damages subject to the limitations of liability set out in this Agreement.

Owner’s Rights and Remedies. If a Contractor Event of Default occurs, subject to Article 29, Owner shall have the following rights and remedies and may elect to pursue any or all of them, in addition to any other rights and remedies that may be available to Owner hereunder, and Contractor shall have the following obligations: (a) 18.2.1 Owner may terminate this Agreement after having given ten (10) Business Days prior Notice of such termination to Contractor;, in which case, Owner shall be compensated in accordance with Section 19.1 and Contractor shall have the following obligations: (1a) if Owner terminates this Agreement in accordance with the provisions hereof, Contractor shall stop Work, enter into no further obligations related thereto and withdraw from the Site, shall remove such materials, equipment, tools, and instruments used by and any debris or waste materials generated by any Contractor Party in the performance of the Work as Owner may direct, and Owner may take possession of any or all Contractor Deliverables necessary for completion of the Work (whether or not such Contractor Deliverables are complete); (2b) upon receipt of written Notice from Owner of termination of this Agreement pursuant to Section 18.1, Contractor will in the event such Contractor Event of Default has occurred after Substantial Completion, (a) shall not enter into no further subcontracts and purchase orders; and (b) at Owner’s instruction, to the extent Contractor may do so under the terms of such Subcontract, assign its rights under all Subcontracts to Owner or Owner’s designee; (3) if Owner terminates this Agreement, Owner may seek damages as provided in Section 19.1. (b) 18.2.2 Owner may proceed against the Performance and Payment Bonds; (c) 18.2.3 Owner may seek equitable relief solely to cause Contractor to take action, or to refrain from taking action pursuant to this Agreement; and (d) 18.2.4 Owner may pursue the dispute resolution procedures set forth in Article 30 to enforce the provisions of this Agreement and to seek actual direct damages subject to the limitations of liability set out in this Agreement.

Owner’s Rights and Remedies. If a In the event that Contractor Event is in default of Default occurs, subject its obligations hereunder pursuant to Article 29Section 16.1 hereof, Owner shall have any or all of the following rights and remedies and may elect to pursue any or all of them, (in addition to any other rights and remedies that may be available to Owner hereunder, hereunder or at law or in equity) and Contractor shall have the following obligations: (a) Owner may, without prejudice to any other right or remedy Owner may have hereunder or at law or in equity, terminate this Agreement after having given ten (10) Business Days prior Notice in whole or in part immediately upon delivery of notice to Contractor. In case of such termination partial termination, the Parties shall mutually agree upon a Scope Change Order to Contractor; make equitable adjustments (1) if Owner terminates this Agreement in accordance including the reduction and/or deletion of obligations of the Parties commensurate with the provisions hereof, reduced scope Contractor shall stop Work, enter have after taking into no further obligations related thereto and withdraw from the Site, shall remove account such materials, equipment, tools, and instruments used by and any debris partial termination) to one or waste materials generated by Contractor in the performance more of the Work as Owner may directGuaranteed Completion Dates, the Construction Progress Milestone Dates, the Contract Price, the Payment and Owner may take possession of any or all Contractor Deliverables necessary for completion of Milestone Schedule, the Work (whether or not Project Schedule, the Performance Guarantees and such Contractor Deliverables are complete); (2) upon receipt of written Notice from Owner of termination other provisions of this Agreement pursuant to Section 18.1which may be affected thereby, Contractor will in as appropriate. In the event such Contractor Event of Default has occurred after Substantial Completion, (a) enter into no further subcontracts that the Parties are unable to reach mutual agreement as to said Scope Change Order and purchase orders; and (b) at Owner’s instruction, to the extent Contractor may do so under the terms of such Subcontract, assign its rights under all Subcontracts to Owner or Owner’s designee; (3) if Owner terminates this Agreement, Owner may seek damages as provided in Section 19.1. (b) Owner may proceed against the Performance and Payment Bonds; (c) Owner may seek equitable relief solely to cause Contractor to take action, or to refrain from taking action pursuant to this Agreement; and (d) Owner may pursue the dispute resolution procedures set forth in Article 30 21 are invoked, such procedures shall give due consideration to enforce customary terms and conditions under which Contractor has entered subcontracts with third party prime contractors covering services substantially similar to those Services which are not being terminated. (b) If requested by Owner, Contractor shall withdraw from the provisions Facility Site, shall assign to Owner such of this Agreement Contractor's subcontracts (to the extent permitted therein) as Owner may request, and shall remove such materials, equipment, tools and instruments used by, and any debris and waste materials generated by, Contractor in the performance of the Services as Owner may direct, and Owner, without incurring any liability to Contractor (other than the obligation to return to Contractor at the completion of the Project such materials that are not consumed or incorporated into the Project, solely on an "as is, where is" basis without any representation or warranty of any kind whatsoever), may take possession of any and all designs, drawings, materials, equipment, tools, instruments, purchase orders, schedules and facilities of Contractor at the Facility Site that Owner deems necessary to complete the Services (other than any designs and drawings that (i) are proprietary to Contractor, (ii) Contractor's established corporate policy prohibits the disclosure of to prime contractors, subcontractors or any other third parties that are similar to or the same as Owner and its replacement contractor (provided that if such policy allows such disclosure only on restrictive terms and conditions, then Owner shall be entitled to receive such disclosure on substantially similar terms and conditions), and (iii) are so competitively sensitive that their disclosure to competitors would have a material adverse effect on Contractor); (c) Owner, without incurring any liability to Contractor, shall have the right (either with or without the use of Contractor's materials, equipment, tools and instruments) to have the Services finished and to seek actual direct damages subject exercise any rights or remedies available to it hereunder or at law or in equity (including without limitation demanding the limitations payments from Contractor pursuant to Section 15.3 hereof); (d) Owner may exercise any other remedy it may have hereunder or at law or in equity, including seeking the recovery of liability set out in this Agreementdamages.

Owner’s Rights and Remedies. If Subject to the limitations set forth in this Contract, in the event of a Contractor Event of Default occurs, subject to Article 29Default, Owner or its assignees shall have the following rights and remedies and may elect to pursue any or all of themremedies, in addition to any other rights and remedies that may be available to Owner hereunderor its assignees under this Contract and Applicable Law, and Contractor shall have the following right and obligations: (a) Owner Owner, without prejudice to any of its other rights or remedies, may terminate this Agreement after having given ten (10) Business Days prior Notice of such termination to ContractorContract; (1b) if Owner terminates this Agreement in accordance with the provisions hereofIf requested by Owner, Contractor shall stop Work, enter into no further obligations related thereto and withdraw from the Site, shall assign to Owner such of Contractor’s subcontracts as Owner may request, and shall deliver and make available to Owner information and contractual rights to patents, and licenses of Contractor related to the Work reasonably necessary to permit Owner to complete or cause the completion of the Work, and in connection therewith Contractor authorizes Owner and its respective agents to use such information in completing the Work, shall remove such materials, equipment, tools, and instruments used by and any debris or waste materials generated by Contractor in the performance of the Work as Owner may direct, and Owner may take possession of any or all Contractor Deliverables and Site facilities of Contractor related to the Work necessary for completion of the Work (whether or not such Contractor Deliverables and Site facilities are complete); (2c) upon receipt Owner shall have the right (either with or without the use of written Notice from Owner Contractor’s equipment) to have the Work finished whether by enforcing any security given by or for the benefit of termination of Contractor for its performance under this Agreement pursuant to Section 18.1, Contractor will in the event such Contractor Event of Default has occurred after Substantial Completion, (a) enter into no further subcontracts and purchase orders; and (b) at Owner’s instruction, to the extent Contractor may do so under the terms of such Subcontract, assign its rights under all Subcontracts to Owner Contract or Owner’s designeeotherwise; (3) if Owner terminates this Agreement, Owner may seek damages as provided in Section 19.1. (b) Owner may proceed against the Performance and Payment Bonds; (cd) Owner may seek equitable relief solely to cause Contractor to take action, action or to refrain from taking action pursuant to this AgreementContract, or to make restitution of amounts improperly received under this Contract; (e) Owner may make such payments or perform such obligations as are required to cure any Contractor Event of Default and offset the cost of such payment or performance against payments otherwise due to Contractor under this Contract where such payments to Contractor shall include payments for Work completed prior to such termination for which Contractor has not previously been paid, to be determined in accordance with the Payment Schedule based upon completed payment milestones and actual, measurable and demonstrated Work in progress addressed by uncompleted payment milestones at the time of termination; and (df) Owner may pursue seek damages as provided in Section 20.3, including proceeding against any bond, guarantee, letter of credit, or other security given by or for the dispute resolution procedures set forth in Article 30 to enforce the provisions benefit of Contractor for its performance under this Agreement and to seek actual direct damages subject to the limitations of liability set out in this AgreementContract.

Owner’s Rights and Remedies. If a In the event that Contractor Event is in default of Default occurs, subject its obligations hereunder pursuant to Article 29Section 16.1 hereof, Owner shall have any or all of the following rights and remedies and may elect to pursue any or all of them, in addition to any other rights and remedies that may be available to Owner hereunder, [*] and Contractor shall have the following obligations: (a) Owner may may, [*], terminate this Agreement after having given ten (10) Business Days prior Notice in whole or in part immediately upon delivery of notice to Contractor. In case of such termination partial termination, an equitable adjustment (including the reduction and/or deletion of obligations of the Parties commensurate with the reduced scope Contractor shall have after taking into account such partial termination) to Contractor;one or more of the Contract Price, the Guaranteed Completion Dates, the Construction Progress Milestone Dates, the Payment and Milestone Schedule, the Project Schedule, the Performance Guarantees and such other provisions of this Agreement which may be affected thereby, as appropriate, shall be made by agreement of Owner and Contractor or otherwise pursuant to Article 12 or 21 hereof. (1b) if Owner terminates this Agreement in accordance with the provisions hereofIf requested by Owner, Contractor shall stop Work, enter into no further obligations related thereto and withdraw from the Facility Site, shall assign to Owner such of Contractor's subcontracts as Owner may 110 request, and shall remove such materials, equipment, tools, tools and instruments used by by, and any debris or and waste materials generated by by, Contractor in the performance of the Work Services as Owner may direct, and Owner Owner, without incurring any liability to Contractor (other than the obligation to return to Contractor at the completion of the Project such materials that are not consumed or incorporated into the Project, solely on an "as is, where is" basis without any representation or warranty of any kind whatsoever), may take possession of any or and all Contractor Deliverables necessary for completion of the Work (whether or not such Contractor Deliverables are complete); (2) upon receipt of written Notice from Owner of termination of this Agreement pursuant to Section 18.1designs, Contractor will in the event such Contractor Event of Default has occurred after Substantial Completiondrawings, (a) enter into no further subcontracts and materials, equipment, tools, instruments, purchase orders; , schedules and (b) facilities of Contractor at Owner’s instruction, the Facility Site that Owner deems necessary to complete the extent Contractor may do so under the terms of such Subcontract, assign its rights under all Subcontracts to Owner or Owner’s designee; (3) if Owner terminates this Agreement, Owner may seek damages as provided in Section 19.1. (b) Owner may proceed against the Performance and Payment BondsServices; (c) Owner may seek equitable relief solely Owner, without incurring any liability to cause Contractor, shall have the right (either with or without the use of Contractor's materials, equipment, tools and instruments) to have the Services finished and to exercise any rights or remedies available to it hereunder or at law or in equity (including without limitation demanding the payments from Contractor to take action, or to refrain from taking action pursuant to this AgreementSection 15.3 hereof); and (d) Owner may pursue [*], including seeking the dispute resolution procedures set forth in Article 30 to enforce the provisions recovery of this Agreement and to seek actual direct damages subject to the any applicable limitations of liability on Owner's remedies and/or Contractor's obligations and liabilities that are expressly set out forth in this Agreement.

Owner’s Rights and Remedies. If In the event of a Contractor Event of Default occurs, subject to Article 29, Owner or its permitted assignees shall have the following rights and remedies and may elect to pursue any or all of them, in addition to any other rights and remedies under this Agreement that may be available to Owner hereunderor its permitted assignees, and Contractor shall have the following obligations: (a) Owner Owner, without prejudice to any of its other rights or remedies under this Agreement, may terminate this Agreement after having given ten (10) Business Days prior by giving written Notice of such termination to Contractor; provided that in the event of a Contractor Event of Default pursuant to Section 19.1(a) or (b), Owner shall be deemed to have given Notice of termination to Contractor immediately upon the occurrence of such a Contractor Event of Default, and all amounts owing by Contractor to Owner hereunder shall immediately become due and payable; (1b) if Owner may, without prejudice to any of its other rights or remedies under this Agreement, proceed against any bond, guarantee, letter of credit, or other security given by or for the benefit of Contractor for its performance under this Agreement; EXECUTION COPY (c) in the event Owner terminates this Agreement in accordance with the provisions hereof, Contractor shall stop Work, enter into no further obligations related thereto and withdraw from the Site, shall assign to Owner (without recourse to Contractor) such of Contractor’s subcontracts as Owner may request, and shall deliver and make available to Owner all information, patents, and licenses of Contractor related to the Work reasonably necessary to permit Owner to complete or cause the completion of the Work, and in connection therewith Contractor authorizes Owner and its respective agents to use such information in completing the Work, shall remove such materials, equipment, tools, and instruments used by and any debris or waste materials generated by Contractor in the performance of the Work as Owner may direct, and Owner may take possession of any or all Contractor Deliverables and Site facilities of Contractor related to the Work necessary for completion of the Work (whether or not such Contractor Deliverables and Site facilities are complete); (2d) upon receipt Owner shall have the right to have the Work finished whether by enforcing any security given by or for the benefit of written Notice from Owner of termination of Contractor for its performance under this Agreement pursuant to Section 18.1, Contractor will in the event such Contractor Event of Default has occurred after Substantial Completion, (a) enter into no further subcontracts and purchase orders; and (b) at Owner’s instruction, to the extent Contractor may do so under the terms of such Subcontract, assign its rights under all Subcontracts to Owner or Owner’s designeeotherwise; (3e) if Owner terminates Owner, without limiting Owner’s right to terminate this Agreement, Owner may seek damages as provided in Section 19.1. (b) Owner may proceed against the Performance and Payment Bonds; (c) Owner may seek equitable relief solely to cause Contractor to take action, or to refrain from taking action pursuant to this Agreement; and; (df) Owner Owner, without limiting Owner’s right to terminate this Agreement, may pursue the dispute resolution procedures set forth in Article 30 32 to enforce the provisions of this Agreement Agreement; (g) Owner may make such payments or perform such obligations as are reasonably required to cure any Contractor Event of Default and offset the cost of such payment or performance against payments otherwise due to Contractor under this Agreement; and (h) in the event Owner terminates this Agreement, Owner may seek actual direct damages subject to as provided in Section 19.3, including proceeding against any bond, guarantee, letter of credit, or other security given by or for the limitations benefit of liability set out in Contractor for its performance under this Agreement.

Owner’s Rights and Remedies. If In the event of a Contractor Event of Default occurs, subject to Article 29Default, Owner or its assignee shall have the following rights and remedies and may elect to pursue any or all of themremedies, in addition to any other rights and remedies that may be available to Owner hereunderor its assignee under this Contract and Applicable Laws, and Contractor shall have the following obligations:obligations:‌ (a) Owner may may, without prejudice to any of its other rights or remedies, terminate this Agreement after having given ten (10) Business Days prior Notice of such termination to ContractorContract; (1b) if Owner terminates this Agreement may, without prejudice to any of its other rights or remedies, seek performance by any guarantor of Contractor’s obligations hereunder or draw upon any applicable letter of credit, bond or other form of security provided in accordance with the provisions hereofthis Contract; (c) If requested by Owner, Contractor shall stop Work, enter into no further obligations related thereto and withdraw from the Site, shall promptly assign to Owner (without recourse to Contractor) such of Contractor’s subcontracts, purchase orders and Contractor Acquired Permits as Owner may request, and shall deliver and make available to Owner all information, documents, patents, and licenses of Contractor related to the Work and that is reasonably necessary to permit Owner to complete or cause the completion of the Work, and in connection therewith Contractor authorizes Owner and its agents to use such information in completing the Work, shall remove such materials, construction equipment, tools, and instruments used by and any debris or waste materials generated by Contractor in the performance of the Work as Owner may direct, and Owner may take possession of any or all Equipment, Drawings and Specifications, Required Manuals, and Site facilities, tools and construction equipment of Contractor Deliverables related to the Work necessary for completion of the Work (whether or not such Contractor Deliverables Drawings and Specifications, Required Manuals, and Site facilities are complete); (2d) upon receipt Owner, without incurring any liability to Contractor, shall have the right (either with or without the use of written Notice Contractor’s construction equipment) to have the Work finished whether by enforcing any security given by or for the benefit of Contractor for its performance under this Contract or otherwise, in which case Owner shall have the right to take possession of and use all construction equipment of Contractor necessary for completion of the Work, and Contractor shall have no right to remove such items from Owner of termination of this Agreement pursuant to Section 18.1, Contractor will in the event Site until such Contractor Event of Default has occurred after Substantial Completion, (a) enter into no further subcontracts and purchase orders; and (b) at Owner’s instruction, to the extent Contractor may do so under the terms of such Subcontract, assign its rights under all Subcontracts to Owner or Owner’s designeecompletion; (3) if Owner terminates this Agreement, Owner may seek damages as provided in Section 19.1. (b) Owner may proceed against the Performance and Payment Bonds; (ce) Owner may seek equitable or injunctive relief solely to cause Contractor to take action, action or to refrain from taking action pursuant to this AgreementContract, or to make restitution of amounts improperly received under this Contract; (f) Owner may seek damages as provided in Section 20.3, including proceeding against any bond, guarantee, letter of credit, or other security given by or for the benefit of Contractor for its performance under this Contract; and (dg) Owner may pursue may, but is not obligated to, make such payments or perform such obligations as are required to cure Contractor’s Event of Default and offset the dispute resolution procedures set forth in Article 30 cost of such payment or performance against payments otherwise due to enforce the provisions of Contractor under this Agreement and to seek actual direct damages subject to the limitations of liability set out in this AgreementContract.

Owner’s Rights and Remedies. If In the event of a Contractor Event of Default occursOwner or its assignees shall, subject to Article 29Section 31.2, Owner shall have only the following rights and remedies and may elect to pursue any or all of them, in addition to any other rights and remedies that may be available to Owner hereunder, and Contractor shall have the following obligations: (a) Owner Owner, without prejudice to any of its other rights or remedies hereunder, may terminate this Agreement after having given ten (10) Business Days prior by giving written Notice of such termination to Contractor; provided that in the event of a Contractor Event of Default pursuant to Section 19.1(a) or (b), Owner shall be deemed to have given Notice of termination to Contractor immediately upon the occurrence of such a Contractor Event of Default, and all amounts owing by Contractor to Owner hereunder shall immediately become due and payable; (1b) if Owner may, without prejudice to any of its other rights or remedies hereunder, proceed against any bond, guarantee, letter of credit or other security given by or for the benefit of Contractor for its performance under this Agreement; (c) in the event Owner terminates this Agreement in accordance with the provisions hereofAgreement, Contractor shall stop Work, enter into no further obligations related thereto and withdraw from the Project Site, shall assign to Owner (without recourse to Contractor) such of Contractor’s subcontracts as Owner may request, and shall deliver and make available to Owner all information, patents, and licenses of Contractor related to the Work reasonably necessary to permit Owner to complete or cause the completion of the Work, and in connection therewith Contractor authorizes Owner and its respective agents to use such information in completing the Work, shall remove such materials, equipment, tools, and instruments used by and any debris or waste materials generated by Contractor in the performance of the Work as Owner may direct, EXECUTION COPY and Owner may take possession of any or all Contractor Deliverables necessary for completion of and Project Site facilities related to the Work (whether or not such Contractor Deliverables and Project Site facilities are complete) or leased equipment necessary for completion of the Work to the extent Owner has agreed to assume in writing any lease of Contractor related to such equipment necessary for completion of the Work (in which event Contractor shall cooperate with Owner to cause such obligations to be assigned by Contractor to and assumed by Owner); (2d) upon receipt Owner without incurring any liability to Contractor, shall have the right to have the Work finished whether by enforcing any security given by or for the benefit of written Notice from Owner of termination Contractor for its performance under this Agreement or otherwise; (e) Owner, without limiting Owner’s right to terminate this Agreement, may seek equitable relief to enforce the provisions of this Agreement pursuant Agreement; (f) Owner, without limiting Owner’s right to Section 18.1terminate this Agreement, Contractor will may pursue the dispute resolution procedures set forth in Article 32 to enforce the event provisions of this Agreement; (g) Owner may make such payments or perform such obligations as are required to cure any Contractor Event of Default has occurred after Substantial Completion, (a) enter into no further subcontracts and purchase orders; and (b) at Owner’s instruction, to offset the extent Contractor may do so under the terms cost of such Subcontract, assign its rights payment or performance against payments otherwise due to Contractor under all Subcontracts to Owner or Owner’s designee;this Agreement; and (3h) if in the event Owner terminates this Agreement, Owner may seek damages as provided in Section 19.1. (b) Owner may proceed 19.3, including proceeding against the Performance and Payment Bonds; (c) Owner may seek equitable relief solely to cause Contractor to take actionany bond, guarantee, letter of credit, or to refrain from taking action pursuant to this Agreement; and (d) Owner may pursue other security given by or for the dispute resolution procedures set forth in Article 30 to enforce the provisions benefit of this Agreement and to seek actual direct damages subject to the limitations of liability set out in Contractor for its performance under this Agreement.