Common use of Termination After GMP Change Order Clause in Contracts

Termination After GMP Change Order. Should such termination occur after the entry of the GMP Change Order, the Owner shall pay Design-Builder, up to the unpaid balance of the GMP, for (1) all Actual Costs, Contingency Costs and lump sum amounts earned to the date of such termination; (2) all other costs attributable to the termination (including by way of illustration only, cancellation charges owed to and other incurred obligations, commitments and claims of Trade Contractors or Trade Suppliers) and for which Design-Builder is not otherwise compensated; (3) a proportionate amount of Design-Builder's Fee that bears to the total Fee under the GMP Change Order the same ratio that the Actual Cost and lump sum amounts due with respect to the Work in place at the date of termination bears to the Estimated Cost Component of the GMP Change Order; (4) fair compensation by purchase or rental (at Owner's election), for any equipment retained by Owner, to the extent it has not already paid for same as an item of Actual Cost or Contingency Cost; and (5) Reasonable Termination Expenses.

Termination After GMP Change Order. Should such termination occur after the entry of the GMP Change Order, the Owner shall pay Design-BuilderCM/GC, up to the unpaid balance of the GMP, for (1) all Actual Costs, Contingency Costs and lump sum amounts earned to the date of such termination; (2) all other costs attributable to the termination (including by way of illustration only, only cancellation charges owed to and other incurred obligations, commitments and claims of Trade Contractors or Trade Suppliers) and for which Design-Builder CM/GC is not otherwise compensated; (3) a proportionate amount of Design-BuilderCM/GC's Fee that bears to the total Fee under the GMP Change Order the same ratio that the Actual Cost and lump sum amounts due with respect to the Work in place at the date of termination bears to the Estimated Cost Component of the GMP Change Order; and (4) fair compensation by purchase or rental (at Owner's election), for any equipment retained by Owner, to the extent it has not already paid for same as an item of Actual Cost or Contingency Cost; and (5) Reasonable Termination Expenses.

Termination After GMP Change Order. Should such termination occur after the entry of the GMP Change Order, the Owner shall pay Design-Builder, up to the unpaid balance of the GMP, for (1) all Actual Costs, Contingency Costs and lump sum amounts earned to the date of such termination; (2) all other costs attributable to the termination (including by way of illustration only, only cancellation charges owed to and other incurred obligations, commitments and claims of Trade Contractors or Trade Suppliers) and for which Design-Builder is not otherwise compensated; (3) a proportionate amount of Design-Builder's Fee that bears to the total Fee under the GMP Change Order the same ratio that the Actual Cost and lump sum amounts due with respect to the Work in place at the date of termination bears to the Estimated Cost Component of the GMP Change Order; and (4) fair compensation by purchase or rental (at Owner's election), for any equipment retained by Owner, to the extent it has not already paid for same as an item of Actual Cost or Contingency Cost; and (5) Reasonable Termination Expenses.