Common use of Termination by Owner for Cause Clause in Contracts

Termination by Owner for Cause. The Owner may, without prejudice to any right or remedy, terminate the employment of the Provider and take possession of the Site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Provider, under any of the following circumstances: 14.3.1 Persistent or repeated failure or refusal, except during complete or partial suspensions of work authorized under the Contract, to supply enough properly skilled workmen or proper materials; and/or 14.3.2 Persistent disregard of laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, including the ODR; and/or 14.3.3 Persistent failure to prosecute the Work in accordance with the Contract, and to insure its completion within the time, or any approved extension thereof, specified in this Contract; and/or 14.3.4 Failure to remedy defective work condemned by the ODR; and/or 14.3.5 Failure to pay Subcontractors, laborers, and material suppliers pursuant to Tex. Gov’t Code Chapter 2251; and/or 14.3.6 Persistent endangerment to the safety of laborers or of the Work; and/or 14.3.7 Failure to supply or maintain statutory bonds or to maintain required insurance, pursuant to the Contract; and/or 14.3.8 Any material breach of the Contract; and/or 14.3.9 The Provider’s insolvency, bankruptcy, or demonstrated financial inability to perform the Work.

Termination by Owner for Cause. 14.3.1 The Owner may, without prejudice to any right or remedy, terminate the employment of the Provider Contractor and take possession of the Site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the ProviderContractor, under any of the following circumstances: 14.3.1 14.3.1.1 Persistent or repeated failure or refusal, except during complete or partial suspensions of work authorized under the Contract, to supply enough properly skilled workmen or proper materials; and/or 14.3.2 14.3.1.2 Persistent disregard of laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, including the ODR; and/or 14.3.3 14.3.1.3 Persistent failure to prosecute the Work in accordance with the Contract, and to insure its completion within the time, or any approved extension thereof, specified in this Contract; and/or 14.3.4 14.3.1.4 Failure to remedy defective work condemned by the ODR; and/or 14.3.5 14.3.1.5 Failure to pay Subcontractors, laborers, and material suppliers pursuant to Tex. Gov’t Code Chapter 2251; and/or 14.3.6 14.3.1.6 Persistent endangerment to the safety of laborers or of the Work; and/or 14.3.7 14.3.1.7 Failure to supply or maintain statutory bonds or to maintain required insurance, pursuant to the Contract; and/or 14.3.8 14.3.1.8 Any material breach of the Contract; and/or 14.3.9 14.3.1.9 The ProviderContractor’s insolvency, bankruptcy, or demonstrated financial inability to perform the Work. 14.3.2 Failure by the Owner to exercise the right to terminate in any instance is not a waiver of the right to do so in any other instance. 14.3.3 Should the Owner decide to terminate the employment of the Contractor under the provisions of Article 14.3.1, it will provide to the Contractor and its Surety thirty (30) days prior written notice.