Common use of PROJECT TERMINATION AND SUSPENSION Clause in Contracts

PROJECT TERMINATION AND SUSPENSION. 15.1 This Agreement may be terminated during the Pre-Construction Phase by either party upon fifteen (15) days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination and the breach is not cured or a plan to cure the breach acceptable to the non-breaching party is not established within the fifteen (15) day period. 15.2 This Agreement may be terminated by Owner during the Pre-Construction Phase upon at least three (3) business days written notice to Contractor in the event that the Project is to be temporarily or permanently abandoned. 15.3 This Agreement may be terminated by Owner and/or XXXX at the GMP Proposal stage upon at least three (3) business days written notice to Contractor in the event that the parties are unable or unwilling to agree on a GMP Proposal. 15.4 In the event of termination that is not the fault of Contractor, Contractor shall be entitled to compensation for all services performed to the termination date provided Contractor has delivered to Owner such statements, accounts, all reports, documents and other materials as required by Owner together with all reports, documents and other materials prepared by Contractor prior to termination. Upon such payment, Owner shall have no further obligation to Contractor. 15.5 Termination of this Agreement shall not relieve Contractor or any of its employees, Subcontractors, or consultants of liability for violations of this Agreement or for any act or omission, or negligence, of Contractor related to the Project. In the event of a termination, Contractor expressly acknowledges the right of Owner to employ a substitute contractor to complete the services under this Agreement. 15.6 In the event of termination, Owner shall have the right to use any documents or other materials prepared for the Project and the ideas and designs they contain for the completion of the services described by this Agreement, for completion of the Project, or for any other purpose. 15.7 If the Project is suspended or abandoned in whole or in part for more than ninety (90) consecutive days during the Pre-Construction Phase, Contractor shall be compensated for all services performed prior to receipt of written notice from Owner of such suspension or abandonment. If the Project is resumed after being suspended for more than ninety (90) consecutive days, Contractor’s compensation for Pre-Construction Services shall be equitably adjusted if such adjustment is warranted.

PROJECT TERMINATION AND SUSPENSION. 15.1 This Agreement may be terminated during the Pre-Construction Phase by either party upon fifteen (15) days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination and the breach is not cured or a an acceptable plan to cure the breach acceptable to the non-breaching party is not established within the fifteen (15) day period. 15.2 . This Agreement may be terminated by the Owner during the Pre-Construction Phase upon at least three (3) business days written notice to Contractor the Construction Manager in the event that the Project is to be temporarily or permanently abandoned. 15.3 . This Agreement may be terminated by the Owner and/or XXXX at the GMP Proposal stage upon at least three (3) business days written notice to Contractor the Construction Manager in the event that the parties are unable or unwilling to agree on a GMP Proposal. 15.4 . In the event of termination that is not the fault of Contractorthe Construction Manager, Contractor the Construction Manager shall be entitled to compensation for all services performed to the termination date provided Contractor provided, however, Construction Manager has delivered to Owner such statements, accounts, all reports, documents reports and other materials as required by Owner together with all reports, documents and other materials prepared by Contractor Construction Manager prior to termination. Upon such payment, Owner shall have no further obligation to Contractor. 15.5 the Construction Manager. Termination of this Agreement shall not relieve Contractor Construction Manager or any of its employees, Subcontractorssubcontractors, or consultants of liability for violations of this Agreement or for any act or omission, or negligence, of Contractor Construction Manager related to the Project. In the event of a termination, Contractor expressly acknowledges the right Construction Manager hereby consents to employment by Owner of Owner to employ a substitute contractor Construction Manager to complete the services under this Agreement. 15.6 . In the event of termination, Owner shall have the right to use any documents or other materials prepared for the Project and the ideas and designs they contain for the completion of the services described by this Agreement, for completion of the Project, or for any other purpose. 15.7 . If the Project is suspended or abandoned in whole or in part for more than ninety (90) consecutive days during the Pre-Construction Phase, Contractor the Construction Manager shall be compensated for all services performed prior to receipt of written notice from the Owner of such suspension or abandonment. If the Project is resumed after being suspended for more than ninety (90) consecutive days, Contractor’s the Construction Manager's compensation for Pre-Construction Services shall be equitably adjusted if if, in the Owner's reasonable opinion, such adjustment is warranted.

PROJECT TERMINATION AND SUSPENSION. 15.1 This Agreement may be terminated during the Pre-Construction Phase by either party upon fifteen (15) days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination and the breach is not cured or a plan to cure the breach acceptable to the non-breaching party is not established within the fifteen (15) day period. 15.2 This Agreement may be terminated by Owner during the Pre-Construction Phase upon at least three (3) business days written notice to Contractor in the event that the Project is to be temporarily or permanently abandoned. 15.3 This Agreement may be terminated by Owner and/or XXXX at the GMP Proposal stage upon at least three (3) business days written notice to Contractor in the event that the parties are unable or unwilling to agree on a GMP Proposal. 15.4 In the event of termination that is not the fault of Contractor, Contractor shall be entitled to compensation for all services performed to the termination date provided Contractor has delivered to Owner such statements, accounts, all reports, documents and other materials as required by Owner together with all reports, documents and other materials prepared by Contractor prior to termination. Upon such payment, Owner shall have no further obligation to Contractor. 15.5 Termination of this Agreement shall not relieve Contractor or any of its employees, Subcontractors, or consultants of liability for violations of this Agreement or for any act or omission, or negligence, of Contractor related to the Project. In the event of a termination, Contractor expressly acknowledges the right of Owner to employ a substitute contractor to complete the services under this Agreement. 15.6 In the event of termination, Owner shall have the right to use any documents or other materials prepared for the Project and the ideas and designs they contain for the completion of the services described by this Agreement, for completion of the Project, or for any other purpose. 15.7 If the Project is suspended or abandoned in whole or in part for more than ninety (90) consecutive days during the Pre-Construction Phase, Contractor shall be compensated for all services performed prior to receipt of written notice from Owner of such suspension or abandonment. If the Project is resumed after being suspended for more than ninety (90) consecutive days, Contractor’s compensation for Pre-Construction Services shall be equitably adjusted if if, in Owner’s reasonable opinion, such adjustment is warranted.

PROJECT TERMINATION AND SUSPENSION. 15.1 This Agreement may be terminated during the Pre-Construction Phase by either party upon fifteen (15) days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination and the breach is not cured or a plan to cure the breach acceptable to the non-breaching party is not established within the fifteen (15) day period. 15.2 This Agreement may be terminated by Owner during the Pre-Construction Phase upon at least three (3) business days written notice to Contractor in the event that the Project is to be temporarily or permanently abandoned. 15.3 This Agreement may be terminated by Owner and/or XXXX CMAR at the GMP Proposal stage upon at least three (3) business days written notice to Contractor in the event that the parties are unable or unwilling to agree on a GMP Proposal. 15.4 In the event of termination that is not the fault of Contractor, Contractor shall be entitled to compensation for all services performed to the termination date provided Contractor has delivered to Owner such statements, accounts, all reports, documents and other materials as required by Owner together with all reports, documents and other materials prepared by Contractor prior to termination. Upon such payment, Owner shall have no further obligation to Contractor. 15.5 Termination of this Agreement shall not relieve Contractor or any of its employees, Subcontractors, or consultants of liability for violations of this Agreement or for any act or omission, or negligence, of Contractor related to the Project. In the event of a termination, Contractor expressly acknowledges the right of Owner to employ a substitute contractor to complete the services under this Agreement. 15.6 In the event of termination, Owner shall have the right to use any documents or other materials prepared for the Project and the ideas and designs they contain for the completion of the services described by this Agreement, for completion of the Project, or for any other purpose. 15.7 If the Project is suspended or abandoned in whole or in part for more than ninety (90) consecutive days during the Pre-Construction Phase, Contractor shall be compensated for all services performed prior to receipt of written notice from Owner of such suspension or abandonment. If the Project is resumed after being suspended for more than ninety (90) consecutive days, Contractor’s compensation for Pre-Construction Services shall be equitably adjusted if such adjustment is warranted.

PROJECT TERMINATION AND SUSPENSION. 15.1 This Agreement may be terminated during the Pre-Construction Design Phase Services by either party upon fifteen (15) days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination termination, and the breach such failure to perform is not cured or a plan to cure the breach acceptable to the non-breaching party is not established within the such fifteen (15) day period. 15.2 . This Agreement agreement may be terminated by the Owner during the Pre-Construction Design Phase Services upon at least three (3) business days written notice to the Design/Build Contractor in the event that the Project is to be temporarily or permanently abandoned. 15.3 This . At its sole discretion and option, the Owner may terminate this Agreement may be terminated by Owner and/or XXXX at after the GMP Proposal stage upon at least three (3) business days written notice conclusion of the Pre-Design Stage, Schematic Design Stage, Design Development Stage, or the Construction Documents Stage of the Pre-Construction Phase or any time prior to Contractor in the event that the parties are unable or unwilling to agree on acceptance of a GMP Guaranteed Maximum Price Proposal. 15.4 . In the event of termination that is not the fault of the Design/Build Contractor, the Design/Build Contractor shall be entitled to compensation for all services performed to the termination date provided together with Reimbursable Expenses then due provided, however, Design/Build Contractor has delivered to Owner such statements, accounts, all reports, documents reports and other materials as required by Owner below together with all reports, documents and other materials prepared by Contractor Project Architect prior to termination. Upon such payment, Owner shall have no further obligation to the Design/Build Contractor. 15.5 . Termination of this Agreement shall not relieve Design/Build Contractor or any of its employees, Subcontractorssubcontractors, or consultants of liability for violations of this Agreement or for any act or omission, or negligence, of Contractor related to the ProjectDesign/Build Contractor. In the event of a termination, Design/Build Contractor expressly acknowledges the right hereby consents to employment by Owner of Owner to employ a substitute contractor Design/Build Contractor to complete the services under this Agreement. 15.6 In , with the event substitute Design/Build Contractor having all rights and privileges of terminationthe original Design/Build Contractor of the Project. As of the date of any termination of this Agreement, Design/Build Contractor shall furnish to Owner all statements, accounts, reports and other materials as are required hereunder or as have been prepared by Design/Build Contractor in connection with Design/Build Contractor’s responsibilities hereunder. Owner shall have the right to use any documents or other materials prepared for the Project and the ideas and designs they contain therein contained for the completion of the services described by this Agreement, and for completion of the Project, or for any other purpose. 15.7 otherwise. If the Project is suspended or abandoned in whole or in part for more than ninety (90) consecutive days during three months, the Pre-Construction Phase, Design/Build Contractor shall be compensated for all services performed prior to receipt of written notice from the Owner of such suspension or abandonment, together with Reimbursable Expenses then due. If the Project is resumed after being suspended for more than ninety (90) consecutive daysthree months, the Design/Build Contractor’s compensation for Pre-Construction Phase Services shall be equitably adjusted if if, in the Owner’s reasonable opinion, such adjustment is warranted.

PROJECT TERMINATION AND SUSPENSION. 15.1 This Agreement may be terminated during the Pre-Construction Phase by either party upon fifteen (15) days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination and the breach is not cured or a an acceptable plan to cure the breach acceptable to the non-breaching party is not established within the fifteen (15) day period. 15.2 . This Agreement may be terminated by the Owner during the Pre-Construction Phase upon at least three (3) business days written notice to Contractor in the event that Construction Manager if the Project is to be temporarily or permanently abandoned. 15.3 . This Agreement may be terminated by the Owner and/or XXXX at the GMP Proposal stage upon at least three (3) business days written notice to Contractor in the event that Construction Manager if the parties are unable or unwilling to agree on a GMP Proposal. 15.4 . In the event of termination that is not the fault of Contractorthe Construction Manager, Contractor the Construction Manager shall be entitled to compensation for all services performed to the termination date provided Contractor provided, however, Construction Manager has delivered to Owner such statements, accounts, all reports, documents and other materials as required by Owner together with all reports, documents and other materials prepared by Contractor Construction Manager prior to termination. Upon such payment, Owner shall have no further obligation to Contractor. 15.5 the Construction Manager. Termination of this Agreement shall not relieve Contractor Construction Manager or any of its employees, Subcontractorssubcontractors, or consultants of liability for violations of this Agreement or for any act or omission, or negligence, of Contractor Construction Manager related to the Project. In the event of a termination, Contractor expressly acknowledges the right Construction Manager hereby consents to employment by Owner of Owner to employ a substitute contractor Construction Manager to complete the services under this Agreement. 15.6 . In the event of termination, Owner shall have the right to use any documents or other materials prepared for the Project and the ideas and designs they contain for the completion of the services described by this Agreement, for completion of the Project, or for any other purpose. 15.7 . If the Project is suspended or abandoned in whole or in part for more than ninety (90) consecutive days during the Pre-Construction Phase, Contractor the Construction Manager shall be compensated for all services performed prior to receipt of written notice from the Owner of such suspension or abandonment. If the Project is resumed after being suspended for more than ninety (90) consecutive days, Contractor’s the Construction Manager's compensation for Pre-Construction Services shall be equitably adjusted if if, in the Owner's reasonable opinion, such adjustment is warranted.

PROJECT TERMINATION AND SUSPENSION. 15.1 19.1 This Agreement may be terminated during the Pre-Construction Design Phase Services by either party upon fifteen (15) days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination termination, and the breach such failure to perform is not cured or a plan to cure the breach acceptable to the non-breaching party is not established within the such fifteen (15) day period. 15.2 19.2 This Agreement agreement may be terminated by the Owner during the Pre-Construction Design Phase Services upon at least three (3) business days written notice to the Design/Build Contractor in the event that the Project is to be temporarily or permanently abandoned. 15.3 This 19.3 At its sole discretion and option, the Owner may terminate this Agreement may be terminated by Owner and/or XXXX at after the GMP Proposal stage upon at least three (3) business days written notice conclusion of the Pre-Design Stage, Schematic Design Stage, Design Development Stage, or the Construction Documents Stage of the Pre-Construction Phase or any time prior to Contractor in the event that the parties are unable or unwilling to agree on acceptance of a GMP Guaranteed Maximum Price Proposal. 15.4 19.4 In the event of termination that is not the fault of the Design/Build Contractor, the Design/Build Contractor shall be entitled to compensation for all services performed to the termination date provided together with Reimbursable Expenses then due provided, however, Design/Build Contractor has delivered to Owner such statements, accounts, all reports, documents reports and other materials as required by Owner below together with all reports, documents and other materials prepared by Contractor Project Architect prior to termination. Upon such payment, Owner shall have no further obligation to the Design/Build Contractor. 15.5 19.5 Termination of this Agreement shall not relieve Design/Build Contractor or any of its employees, Subcontractorssubcontractors, or consultants of liability for violations of this Agreement or for any act or omission, or negligence, of Contractor related to the ProjectDesign/Build Contractor. In the event of a termination, Design/Build Contractor expressly acknowledges the right hereby consents to employment by Owner of Owner to employ a substitute contractor Design/Build Contractor to complete the services under this Agreement, with the substitute Design/Build Contractor having all rights and privileges of the original Design/Build Contractor of the Project. 15.6 In 19.6 As of the event date of terminationany termination of this Agreement, Design/Build Contractor shall furnish to Owner all statements, accounts, reports and other materials as are required hereunder or as have been prepared by Design/Build Contractor in connection with Design/Build Contractor’s responsibilities hereunder. Owner shall have the right to use any documents or other materials prepared for the Project and the ideas and designs they contain therein contained for the completion of the services described by this Agreement, and for completion of the Project, or for any other purposeotherwise. 15.7 19.7 If the Project is suspended or abandoned in whole or in part for more than ninety (90) consecutive days during three months, the Pre-Construction Phase, Design/Build Contractor shall be compensated for all services performed prior to receipt of written notice from the Owner of such suspension or abandonment, together with Reimbursable Expenses then due. If the Project is resumed after being suspended for more than ninety (90) consecutive daysthree months, the Design/Build Contractor’s compensation for Pre-Construction Phase Services shall be equitably adjusted if if, in the Owner’s reasonable opinion, such adjustment is warranted.

PROJECT TERMINATION AND SUSPENSION. 15.1 19.1 This Agreement may be terminated during the Pre-Construction Phase by either party upon fifteen (15) days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination termination, and the breach such failure to perform is not cured or a plan to cure the breach acceptable to the non-breaching party is not established within the such fifteen (15) day period. 15.2 19.2 This Agreement may be terminated by Owner during the Pre-Construction Phase upon at least three (3) business days written notice to Design/Build Contractor in the event that the Project is to be temporarily or permanently abandoned. 15.3 This 19.3 At its sole discretion and option, Owner may terminate this Agreement may be terminated by Owner and/or XXXX at after the GMP Proposal stage upon at least three (3) business days written notice conclusion of the Pre-Design Stage, Schematic Design Stage, Design Development Stage, or the Construction Documents Stage of the Pre-Construction Phase or any time prior to Contractor in the event that the parties are unable or unwilling to agree on acceptance of a GMP Guaranteed Maximum Price Proposal. 15.4 19.4 In the event of termination that is not the fault of Design/Build Contractor, Design/Build Contractor shall be entitled to compensation for all services performed to the termination date provided together with Reimbursable Expenses then due provided, however, Design/Build Contractor has delivered to Owner such statements, accounts, all reports, documents reports and other materials as required by Owner below together with all reports, documents and other materials prepared by Contractor Design/Build Contractor, Project A/E, Subcontractors, and consultants, either individually or jointly, prior to termination. Upon such payment, Owner shall have no further obligation to Design/Build Contractor. 15.5 19.5 Termination of this Agreement shall not relieve Design/Build Contractor or any of its employees, Subcontractors, or consultants of liability for violations of this Agreement or for any act or omission, or negligence, of Contractor related to the ProjectDesign/Build Contractor. In the event of a termination, (i) Design/Build Contractor expressly acknowledges the right hereby consents to employment by Owner of Owner to employ a substitute contractor Design/Build Contractor to complete the services under this Agreement., with the substitute Design/Build Contractor having all rights and privileges of the original Design/Build Contractor of the Project, and (ii) Design/Build Contractor and Project A/E hereby expressly consent to the engagement by Owner of a substitute architect/engineer to complete the Design Services under this Agreement, with the substitute architect/engineer having all of the rights and privileges of the original Project A/X. 15.6 In 19.6 As of the event date of terminationany termination of this Agreement, Design/Build Contractor shall furnish to Owner all statements, accounts, reports and other materials as are required hereunder or as have been prepared by Design/Build Contractor, Project A/E, Subcontractors, and consultants in connection with Design/Build Contractor’s responsibilities hereunder. Owner shall have the right to use any documents or other materials prepared for the Project and the ideas and designs they contain therein contained for the completion of the services described by this Agreement, and for completion of the Project, or for any other purposeotherwise. 15.7 19.7 If the Project is suspended or abandoned in whole or in part for more than ninety (90) consecutive days during the Pre-Construction Phasethree months, Design/Build Contractor shall be compensated for all services performed prior to receipt of written notice from Owner of such suspension or abandonment, together with Reimbursable Expenses then due. If the Project is resumed after being suspended for more than ninety (90) consecutive daysthree months, Design/Build Contractor’s compensation for Pre-Construction Phase Services shall be equitably adjusted if if, in Owner’s reasonable opinion, such adjustment is warranted.

PROJECT TERMINATION AND SUSPENSION. 15.1 19.1 This Agreement may be terminated during the Pre-Construction Phase by either party upon fifteen (15) calendar days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination termination, and the breach such failure to perform is not cured or a plan to cure the breach acceptable to the non-breaching party is not established within the such fifteen (15) calendar day period. 15.2 19.2 This Agreement may be terminated by the Owner for its convenience (at its sole discretion and that is not the fault of the Design/Build Contractor) at any time during the Pre-Construction Phase or Construction Phase, consistent with Article 14 of the TSUS UGC, upon at least three (3) business calendar days written notice to the Design/Build Contractor in the event that the Project is to be temporarily or permanently abandoned. 15.3 This Agreement may be terminated by Owner and/or XXXX at the GMP Proposal stage upon at least three (3) business days written notice to Contractor in the event that the parties are unable or unwilling to agree on a GMP Proposal. 15.4 19.3 In the event of termination that is not the fault of the Design/Build Contractor, the Design/Build Contractor shall be entitled to compensation for all services performed to the termination date provided together with Reimbursable Expenses then due provided, however, Design/Build Contractor has delivered to Owner such statements, accounts, all reports, documents reports and other materials as required by Owner below together with all reports, documents and other materials prepared by or through the Design/Build Contractor (including but not limited to the Project Architect/Engineer) prior to termination. Upon such payment, Owner shall have no further obligation to the Design/Build Contractor. 15.5 19.4 Termination of this Agreement shall not relieve Design/Build Contractor or any of its employees, Subcontractors, or consultants of liability for violations of this Agreement or for any act or omission, or negligence, of Contractor related to the ProjectDesign/Build Contractor. In the event of a termination, Design/Build Contractor expressly acknowledges the right hereby consents to employment by Owner of Owner to employ a substitute contractor Design/Build Contractor to complete the services under this Agreement, with the substitute Design/Build Contractor having all rights and privileges of the original Design/Build Contractor of the Project. 15.6 In 19.5 As of the event date of terminationany termination of this Agreement, Design/Build Contractor shall furnish to Owner all statements, accounts, reports and other materials as are required hereunder or as have been prepared by Design/Build Contractor in connection with Design/Build Contractor’s responsibilities hereunder. Owner shall have the right to use any documents or other materials prepared for the Project and the ideas and designs they contain therein contained for the completion of the services described by this Agreement, and for completion of the Project, or for any other purposeotherwise. 15.7 19.6 If the Project is suspended or abandoned in whole or in part for more than ninety three (903) consecutive days during months, the Pre-Construction Phase, Design/Build Contractor shall be compensated for all services performed prior to receipt of written notice from the Owner of such suspension or abandonment, together with reimbursable expenses then due. If the Project is resumed after being suspended for more than ninety three (903) consecutive daysmonths, the Design/Build Contractor’s compensation for Pre-Construction Phase Services shall be equitably adjusted if if, in the Owner’s reasonable opinion, such adjustment is warranted.

PROJECT TERMINATION AND SUSPENSION. 15.1 This City may terminate, in whole or in part, this Agreement (i) immediately upon written notice if Contractor does not cure any material breach within the cure period identified in the written notice thereof from City or (ii) immediately upon written notice for any non-curable material breach. City may be terminated during cancel this Agreement for any reason by providing Contractor thirty (30) days prior written notice of its intent to terminate the Pre-Construction Phase Agreement. In the event of termination by either party upon fifteen (15) days party, written notice should of termination will be sent to the other party fail substantially to perform in accordance by certified mail with its terms through no fault of the party initiating the termination and the breach is not cured or a plan to cure the breach acceptable return receipt to the non-breaching party is not established within the fifteen address in Exhibit “A” below. Notice of termination must include date of notice, termination effective date, and cure period (15) day periodif applicable). 15.2 This Agreement may be terminated by Owner City during the Pre-Construction Phase upon at least three (3) business days written notice to Contractor in the event that the Project is to be temporarily or permanently abandoned. 15.3 This Agreement may be terminated by Owner and/or XXXX City at the GMP Proposal stage upon at least three (3) business days written notice to Contractor in the event that the parties are unable or unwilling to agree on a GMP Proposal. 15.4 In the event of termination that is not the fault of Contractor, Contractor shall be entitled to compensation for all services performed to the termination date provided Contractor has delivered to Owner City such statements, accounts, all reports, documents and other materials as required by Owner City together with all reports, documents and other materials prepared by Contractor prior to termination. Upon such payment, Owner City and City shall have no further obligation to Contractor. 15.5 Termination of this Agreement shall not relieve Contractor or any of its employees, Subcontractors, or consultants of liability for violations of this Agreement or for any act or omission, or negligence, of Contractor related to the Project. In the event of a termination, Contractor expressly acknowledges the right of Owner City and City to employ a substitute contractor to complete the services under this Agreement. 15.6 In the event of termination, Owner City shall have the right to use any documents or other materials prepared for the Project and the ideas and designs they contain for the completion of the services described by this Agreement, for completion of the Project, or for any other purpose. 15.7 If the Project is suspended or abandoned in whole or in part for more than ninety (90) consecutive days during the Pre-Construction Phase, Contractor shall be compensated for all services performed prior to receipt of written notice from Owner of such suspension or abandonment. If the Project is resumed after being suspended for more than ninety (90) consecutive days, Contractor’s compensation for Pre-Construction Services shall be equitably adjusted if such adjustment is warranted.ninety

PROJECT TERMINATION AND SUSPENSION. 15.1 19.1 This Agreement may be terminated during the Pre-Construction Phase by either party upon fifteen (15) days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination and the breach is not cured or a an acceptable plan to cure the breach acceptable to the non-breaching party is not established within the fifteen (15) day period. 15.2 19.2 This Agreement may be terminated by the Owner during the Pre-Pre- Construction Phase upon at least three (3) business days written notice to Contractor the Construction Manager in the event that the Project is to be temporarily or permanently abandoned. 15.3 19.3 This Agreement may be terminated by the Owner and/or XXXX at the GMP Proposal stage upon at least three (3) business days written notice to Contractor the Construction Manager in the event that the parties are unable or unwilling to agree on a GMP Proposal. 15.4 19.4 In the event of termination that is not the fault of Contractorthe Construction Manager, Contractor the Construction Manager shall be entitled to compensation for all services performed to the termination date provided Contractor provided, however, Construction Manager has delivered to Owner such statements, accounts, all reports, documents reports and other materials as required by Owner together with all reports, documents and other materials prepared by Contractor Construction Manager prior to termination. Upon such payment, Owner shall have no further obligation to Contractorthe Construction Manager. 15.5 19.5 Termination of this Agreement shall not relieve Contractor Construction Manager or any of its employees, Subcontractorssubcontractors, or consultants of liability for violations of this Agreement or for any act or omission, or negligence, of Contractor Construction Manager related to the Project. In the event of a termination, Contractor expressly acknowledges the right Construction Manager hereby consents to employment by Owner of Owner to employ a substitute contractor Construction Manager to complete the services under this Agreement. 15.6 19.6 In the event of termination, Owner shall have the right to use any documents or other materials prepared for the Project and the ideas and designs they contain for the completion of the services described by this Agreement, for completion of the Project, or for any other purpose. 15.7 19.7 If the Project is suspended or abandoned in whole or in part for more than ninety (90) consecutive days during the Pre-Construction Phase, Contractor the Construction Manager shall be compensated for all services performed prior to receipt of written notice from the Owner of such suspension or abandonment. If the Project is resumed after being suspended for more than ninety (90) consecutive days, Contractor’s the Construction Manager's compensation for Pre-Construction Services shall be equitably adjusted if if, in the Owner's reasonable opinion, such adjustment is warranted.

PROJECT TERMINATION AND SUSPENSION. 15.1 20.1 These project termination and suspension provisions are in addition to those project termination and suspension provisions as described in the Uniform General Conditions for Construction Manager at Risk Contracts for Comal County, as attached. 20.2 This Agreement may be terminated during the Pre-Construction Phase by either party upon fifteen (15) days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination and the breach is not cured or a an acceptable plan to cure the breach acceptable to the non-breaching party is not established within the fifteen (15) day period. 15.2 20.3 This Agreement may be terminated by the Owner during the Pre-Construction Phase upon at least three (3) business days written notice to Contractor the Construction Manager in the event that the Project is to be temporarily or permanently abandoned. 15.3 20.4 This Agreement may be terminated by the Owner and/or XXXX at the GMP Proposal stage upon at least three (3) business days written notice to Contractor the Construction Manager in the event that the parties are unable or unwilling to agree on a GMP Proposal. 15.4 20.5 This Agreement may be terminated by Owner, at any time, upon thirty (30) days written notice to the Construction Manager for the Owner’s convenience and without cause. 20.6 In the event of termination that is not the fault of Contractorthe Construction Manager, Contractor the Construction Manager shall be entitled to compensation for all services performed to the termination date provided Contractor provided, however, Construction Manager has delivered to Owner such statements, accounts, all reports, documents reports and other materials as required by Owner together with all reports, documents and other materials prepared by Contractor Construction Manager prior to termination. Upon such payment, Owner shall have no further obligation to Contractorthe Construction Manager. 15.5 20.7 Termination of this Agreement shall not relieve Contractor Construction Manager or any of its employees, Subcontractorssubcontractors, or consultants of liability for violations of this Agreement or for any act or omission, or negligence, of Contractor Construction Manager related to the Project. In the event of a termination, Contractor expressly acknowledges the right Construction Manager hereby consents to employment by Owner of Owner to employ a substitute contractor Construction Manager to complete the services under this Agreement. 15.6 20.8 In the event of termination, Owner shall have the right to use any documents or other materials prepared for the Project and the ideas and designs they contain contained therein for the completion of the services described by this Agreement, for completion of the Project, or for any other purpose. 15.7 If the Project is suspended or abandoned in whole or in part for more than ninety (90) consecutive days during the Pre-Construction Phase, Contractor shall be compensated for all services performed prior to receipt of written notice from Owner of such suspension or abandonment. If the Project is resumed after being suspended for more than ninety (90) consecutive days, Contractor’s compensation for Pre-Construction Services shall be equitably adjusted if such adjustment is warranted.

PROJECT TERMINATION AND SUSPENSION. 15.1 These project termination and suspension provisions are in addition to those project termination and suspension provisions as described in the Uniform General Conditions for Construction Manager at Risk Contracts for Xxxxxxxxxx County, as attached. This Agreement may be terminated during the Pre-Construction Phase by either party upon fifteen (15) days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination and the breach is not cured or a an acceptable plan to cure the breach acceptable to the non-breaching party is not established within the fifteen (15) day period. 15.2 . This Agreement may be terminated by the Owner during the Pre-Construction Phase upon at least three (3) business days written notice to Contractor the Construction Manager in the event that the Project is to be temporarily or permanently abandoned. 15.3 . This Agreement may be terminated by the Owner and/or XXXX at the GMP Proposal stage upon at least three (3) business days written notice to Contractor the Construction Manager in the event that the parties are unable or unwilling to agree on a GMP Proposal. 15.4 . In the event of termination that is not the fault of Contractorthe Construction Manager, Contractor the Construction Manager shall be entitled to compensation for all services performed to the termination date provided Contractor provided, however, Construction Manager has delivered to Owner such statements, accounts, all reports, documents reports and other materials as required by Owner together with all reports, documents and other materials prepared by Contractor Construction Manager prior to termination. Upon such payment, Owner shall have no further obligation to Contractor. 15.5 the Construction Manager. Termination of this Agreement shall not relieve Contractor Construction Manager or any of its employees, Subcontractorssubcontractors, or consultants of liability for violations of this Agreement or for any act or omission, or negligence, of Contractor Construction Manager related to the Project. In the event of a termination, Contractor expressly acknowledges the right of Owner to employ a substitute contractor to complete the services under this Agreement. 15.6 In the event of termination, Owner shall have the right to use any documents or other materials prepared for the Project and the ideas and designs they contain for the completion of the services described by this Agreement, for completion of the Project, or for any other purpose. 15.7 . If the Project is suspended or abandoned in whole or in part for more than ninety (90) consecutive days during the Pre-Construction Phase, Contractor the Construction Manager shall be compensated for all services performed prior to receipt of written notice from the Owner of such suspension or abandonment. If the Project is resumed after being suspended for more than ninety (90) consecutive days, Contractor’s the Construction Manager's compensation for Pre-Construction Services shall be equitably adjusted if if, in the Owner's reasonable opinion, such adjustment is warranted.

PROJECT TERMINATION AND SUSPENSION. 15.1 19.1 This Agreement may be terminated during the Pre-Construction Phase by either party upon fifteen (15) days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination termination, and the breach such failure to perform is not cured or a plan to cure the breach acceptable to the non-breaching party is not established within the such fifteen (15) day period. 15.2 19.2 This Agreement may be terminated by Owner during the Pre-Construction Phase upon at least three (3) business days written notice to Design/Build Contractor in the event that the Project is to be temporarily or permanently abandoned. 15.3 This 19.3 At its sole discretion and option, Owner may terminate this Agreement may be terminated by Owner and/or XXXX at after the GMP Proposal stage upon at least three (3) business days written notice conclusion of the Pre-Design Stage, Schematic Design Stage, Design Development Stage, or the Construction Documents Stage of the Pre-Construction Phase or any time prior to Contractor in the event that the parties are unable or unwilling to agree on acceptance of a GMP Guaranteed Maximum Price Proposal. 15.4 19.4 In the event of termination that is not the fault of Design/Build Contractor, Design/Build Contractor shall be entitled to compensation for all services performed to the termination date provided together with Reimbursable Expenses then due provided, however, Design/Build Contractor has delivered to Owner such statements, accounts, all reports, documents reports and other materials as required by Owner below together with all reports, documents and other materials prepared by Contractor Design/Build Contractor, Project A/E, Subcontractors, and consultants, either individually or jointly, prior to termination. Upon such payment, Owner shall have no further obligation to Design/Build Contractor. 15.5 19.5 Termination of this Agreement shall not relieve Design/Build Contractor or any of its employees, Subcontractors, or consultants of liability for violations of this Agreement or for any act or omission, or negligence, of Contractor related to the ProjectDesign/Build Contractor. In the event of a termination, (i) Design/Build Contractor expressly acknowledges the right hereby consents to employment by Owner of Owner to employ a substitute contractor Design/Build Contractor to complete the services under this Agreement., with the substitute Design/Build Contractor having all rights and privileges of the original Design/Build Contractor of the Project, and (ii) Design/Build Contractor and Project A/E hereby expressly consent to the engagement by Owner of a substitute architect/engineer to complete the Design Services under this Agreement, with the substitute architect/engineer having all of the rights and privileges of the original Project A/E. 15.6 In 19.6 As of the event date of terminationany termination of this Agreement, Design/Build Contractor shall furnish to Owner all statements, accounts, reports and other materials as are required hereunder or as have been prepared by Design/Build Contractor, Project A/E, Subcontractors, and consultants in connection with Design/Build Contractor’s responsibilities hereunder. Owner shall have the right to use any documents or other materials prepared for the Project and the ideas and designs they contain therein contained for the completion of the services described by this Agreement, and for completion of the Project, or for any other purposeotherwise. 15.7 19.7 If the Project is suspended or abandoned in whole or in part for more than ninety (90) consecutive days during the Pre-Construction Phasethree months, Design/Build Contractor shall be compensated for all services performed prior to receipt of written notice from Owner of such suspension or abandonment, together with Reimbursable Expenses then due. If the Project is resumed after being suspended for more than ninety (90) consecutive daysthree months, Design/Build Contractor’s compensation for Pre-Construction Phase Services shall be equitably adjusted if if, in Owner’s reasonable opinion, such adjustment is warranted.

PROJECT TERMINATION AND SUSPENSION. 15.1 This Agreement may be terminated during the Pre-Construction Design Phase Services by either party upon fifteen (15) days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination termination, and the breach such failure to perform is not cured or a plan to cure the breach acceptable to the non-breaching party is not established within the such fifteen (15) day period. 15.2 . This Agreement agreement may be terminated by the Owner during the Pre-Construction Design Phase Services upon at least three (3) business days written notice to Contractor in the event that Design-Build Firm if the Project is to be temporarily or permanently abandoned. 15.3 This . At its sole discretion and option, the Owner may terminate this Agreement may be terminated by Owner and/or XXXX at after the GMP Proposal stage upon at least three (3) business days written notice conclusion of the Pre-Design Stage, Schematic Design Stage, Design Development Stage, or the Construction Documents Stage of the Pre-Construction Phase or any time prior to Contractor in the event that the parties are unable or unwilling to agree on acceptance of a GMP Guaranteed Maximum Price Proposal. 15.4 . In the event of termination that is not the fault of Contractorthe Design-Build Firm, Contractor the Design-Build Firm shall be entitled to compensation for all services performed to the termination date provided Contractor together with Reimbursable Expenses then due provided, however, Design-Build Firm has delivered to Owner such statements, accounts, all reports, documents reports and other materials as required by Owner below together with all reports, documents and other materials prepared by Contractor Project Architect/Engineer prior to termination. Upon such payment, Owner shall have no further obligation to Contractor. 15.5 the Design-Build Firm. Termination of this Agreement shall not relieve Contractor Design-Build Firm or any of its employees, Subcontractorssubcontractors, or consultants of liability for violations of this Agreement or for any act or omission, or negligence, of Contractor related to the ProjectDesign-Build Firm. In the event of a termination, Contractor expressly acknowledges the right Design-Build Firm hereby consents to employment by Owner of Owner to employ a substitute contractor Design-Build Firm to complete the services under this Agreement. 15.6 In , with the event substitute Design-Build Firm having all rights and privileges of terminationthe original Design-Build Firm of the Project. As of the date of any termination of this Agreement, Design-Build Firm shall furnish to Owner all statements, accounts, reports and other materials as are required hereunder or as have been prepared by Design-Build Firm in connection with Design-Build Firm’s responsibilities hereunder. Owner shall have the right to use any documents or other materials prepared for the Project and the ideas and designs they contain therein contained for the completion of the services described by this Agreement, and for completion of the Project, or for any other purpose. 15.7 otherwise. If the Project is suspended or abandoned in whole or in part for more than ninety (90) consecutive days during three months, the PreDesign-Construction Phase, Contractor Build Firm shall be compensated for all services performed prior to receipt of written notice from the Owner of such suspension or abandonment, together with Reimbursable Expenses then due. If the Project is resumed after being suspended for more than ninety (90) consecutive daysthree months, Contractorthe Design-Build Firm’s compensation for Pre-Construction Phase Services shall be equitably adjusted if if, in the Owner’s reasonable opinion, such adjustment is warranted.