Common use of Right to Terminate Prior to Execution of GMP Amendment Clause in Contracts

Right to Terminate Prior to Execution of GMP Amendment. Prior to execution by both parties of the GMP Amendment, the Department may terminate the Contract at any time without cause. Upon such termination, the amount to be paid to the CM/GC shall not exceed the Pre-construction Costs payable to the date of termination, together with amounts payable for Early Work if an Early Work Amendment has been executed, plus any applicable costs of bonds and insurance. If the Department terminates under this Article 13.1 during the Pre-construction Phase, the Department shall be entitled to copies of, and shall have the right to use, all Work Products of the CM/GC and its Subcontractors performed to the date of termination, and the CM/GC shall deliver copies of the same to the Department on request.

Right to Terminate Prior to Execution of GMP Amendment. Prior to execution by both parties of the GMP Amendment, the Department may terminate the Contract at any time without cause. Upon such termination, the amount to be paid to the CM/GC shall not exceed the Pre-construction Costs payable to the date of termination, together with amounts payable for Early Work if an Early Work Amendment has been executed, plus any applicable costs of bonds and insurance. If the Department terminates under this Article 13.1 during the Pre-construction Phase, the Department shall be entitled to copies of, and shall have the right to use, all Work Products of the CM/GC and its Subcontractors subcontractors performed to the date of termination, and the CM/GC shall deliver copies of the same to the Department on request.