Common use of Termination Based Upon Abandonment, Casualty or Force Majeure Clause in Contracts

Termination Based Upon Abandonment, Casualty or Force Majeure. If, after the Construction Commencement Date (i) Owner abandons the PROJECT (which for purposes of this paragraph shall mean the cessation of all construction and other activities relating to the PROJECT, excluding those which are necessary to wind down or otherwise terminate all outstanding obligations with respect to the PROJECT, and no recommencement of same within 12 months following the date of termination), or (ii) the PROJECT is stopped for a period of 60 consecutive days due to an instance of force majeure or the result of a casualty resulting in a loss that cannot be corrected or restored within 120 days (excluding the time required to assess the damage and complete the steps contemplated), the Owner shall have the right to terminate this Agreement and pay the CM its compensation earned or accrued to date.

Appears in 6 contracts

Samples: www.leegov.com, www.leegov.com, www.leegov.com

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Termination Based Upon Abandonment, Casualty or Force Majeure. If, after the Construction Commencement Date (i) Owner abandons the PROJECT (which for purposes of this paragraph shall mean the cessation of all construction and other activities relating to the PROJECT, excluding those which are necessary to wind down or otherwise terminate all outstanding obligations with respect to the PROJECT, and no recommencement of same within 12 months following the date of termination), or (ii) the PROJECT is stopped for a period of 60 consecutive days due to an instance of force majeure or the result of a casualty resulting in a loss that cannot be corrected or restored within 120 days (excluding the time required to assess the damage and complete the steps contemplated), the Owner shall have the right to terminate this Agreement and pay the CM its compensation earned or accrued to date.

Appears in 4 contracts

Samples: Agreement Between Owner and Construction, Agreement Between Owner and Construction, Agreement Between Owner and Construction Manager

Termination Based Upon Abandonment, Casualty or Force Majeure. If, after the Construction Commencement Date (i) Owner abandons the PROJECT (which for purposes of this paragraph shall mean the cessation of all construction and other activities relating to the PROJECT, excluding those which are necessary to wind down or otherwise terminate all outstanding obligations with respect to the PROJECT, and no recommencement of same within 12 months following the date of termination), or (ii) the PROJECT is stopped for a period of 60 consecutive calendar days due to an instance of force majeure or the result of a casualty resulting in a loss that cannot be corrected or restored within 120 calendar days (excluding the time required to assess the damage and complete the steps contemplated), the Owner shall have the right to terminate this Agreement and pay the CM its compensation earned or accrued to date.

Appears in 4 contracts

Samples: www.leegov.com, www.leegov.com, www.leegov.com

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Termination Based Upon Abandonment, Casualty or Force Majeure. If, after the Construction Commencement Date construction commencement date (i) Owner Contractor abandons the PROJECT Project (which for purposes of this paragraph shall mean the cessation of all construction and other activities relating to the PROJECTProject, excluding those which are necessary to wind down or otherwise terminate all outstanding obligations with respect to the PROJECTProject, and no recommencement of same within 12 months one hundred twenty (120) days following the date of terminationcessation), or (ii) the PROJECT Project is stopped for a period of 60 thirty (30) consecutive days due to an instance of force majeure Force Majeure or the result of a casualty resulting in a loss that cannot be corrected or restored within 120 one hundred twenty (120) days (excluding the time required to assess the damage and complete the steps contemplatedcontemplated under Section 12.2), the Owner shall have the right to terminate this the Agreement and pay the CM Contractor its compensation earned or accrued to date.

Appears in 3 contracts

Samples: Agreement, Construction Agreement, Construction Agreement

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