Termination by Owner for Default. If the Professional defaults by failing to substantially perform, in accordance with the terms of this Agreement, as reasonably determined by Owner, the Owner may give written notice to the Professional (i) terminating this Agreement effective seven (7) calendar days from the date of notice; or (ii) setting forth the nature of the default and requesting the Professional initiate cure within seven (7) calendar days from the date of notice. At any time thereafter, if the Professional fails to initiate cure upon the request of the Owner and continue such cure until complete, the Owner may give notice to the Professional of immediate termination. If the Owner terminates this Agreement pursuant to this paragraph, and it is subsequently determined by a court of competent jurisdiction that the Professional was not in default, then in such event said termination shall be deemed a termination for convenience as set forth in Paragraph 8.3.
Termination by Owner for Default. If Architect/Engineer defaults by failing to perform, in accordance with the terms of this Agreement, as reasonably determined by Owner, Owner may give written notice to Architect/Engineer (a) terminating this Agreement effective seven (7) days from the date of notice; or (b) setting forth the nature of the default and requesting Architect/Engineer initiate cure within seven (7) days from the date of notice. At any time thereafter, if Architect/Engineer fails to initiate cure upon the request of Owner and diligently prosecute such cure until complete, Owner may give notice to Architect/Engineer of immediate termination. If Owner terminates this Agreement pursuant to this Paragraph, and it is subsequently determined by a court of competent jurisdiction that Architect/Engineer was not in default, then in such event said termination shall be deemed a termination for convenience as set forth in Paragraph 9.3.
Termination by Owner for Default. If Professional defaults by failing to perform, in accordance with the terms of this Agreement, as reasonably determined by Owner, Owner may give written notice to Professional (a) terminating this Agreement effective seven (7) days from the date of notice; or (b) setting forth the nature of the default and requesting Professional initiate cure within seven (7) days from the date of notice. At any time thereafter, if Professional fails to initiate cure upon the request of Owner and diligently prosecute such cure until complete, Owner may give notice to Professional of immediate termination. If Owner terminates this Agreement pursuant to this Section 8.3, and it is subsequently determined by a court of competent jurisdiction that Professional was not in default, then in such event said termination shall be deemed a termination for convenience as set forth in Section 8.5.
Termination by Owner for Default. 19 12.2 Termination by Fluor Xxxxxx for Default......... 20 12.3
Termination by Owner for Default. If the Design-Builder is adjudged a bankrupt or insolvent, or if he makes a general assignment for the benefit of creditors, or if a trustee or receiver is appointed for Design-Builder or for any of his property, or if he files a petition to take advantage of any debtor’s act, or to reorganize under the bankruptcy or similar laws, or if he repeatedly fails to make prompt payments to Subcontractors for labor, materials or equipment, or if he disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, or if he otherwise violates any provision of this Agreement, then the Owner may terminate the services of the Design-Builder and take possession of the Work and Worksite and of all materials, equipment, tools, construction equipment and machinery owned by the Design-Builder, and finish the Work by whatever method it may deem expedient. In such case the Design-Builder shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess shall be paid to the Design-Builder. If such costs exceed such unpaid balance, the Design-Builder will pay the difference to the Owner. Such costs incurred by the Owner will be determined by the Owner and incorporated in a Change Order. Where the Design-Builder’s services have been so terminated by the Owner, such terminations shall not affect any rights of the Owner against the Design-Builder then existing or which may thereafter accrue. Any retention of payment of monies by the Owner due the Design-Builder will not release the Design-Builder from liability.
Termination by Owner for Default. If, within fourteen (14) Days of receipt of a notice to cure pursuant to Section 11.2, the Constructor fails to commence and satisfactorily continue correction of the default set forth in the notice to cure, the Owner may notify the Constructor and, if applicable, the surety, that it intends to terminate this Agreement for default absent appropriate corrective action within twenty-eight (28) additional Days. After the expiration of the additional twenty-eight (28) Day period, the Owner may terminate this Agreement by written notice absent appropriate corrective action. Termination for default is in addition to any other remedies available to the Owner under Section 11.2. The Owner shall pay Constructor all of its costs incurred to date plus Constructor’s Fee. Constructor shall not be liable to Owner for the costs to complete the Work.
Termination by Owner for Default. If, within seven (7) Days of receipt of a notice to cure pursuant to Paragraph 22.2, the Constructor or Designer fails to commence and satisfactorily continue correction of the default set forth in the notice to cure, the Owner may notify the Constructor or Designer that it intends to terminate this Agreement for default absent appropriate corrective action within fourteen additional Days. After the expiration of the additional fourteen (14) Day period, the Owner may terminate this Agreement by written notice absent appropriate corrective action. Termination for default is in addition to any other remedies available to Owner under Paragraph 22.
Termination by Owner for Default. Owner may, in its sole discretion, terminate this Contract and the Work at any time for cause in the event a Contractor Event of Default shall have occurred and be continuing by giving written Notice of such termination to Contractor. In such event:
(a) If requested by Owner, Contractor shall withdraw from the Facility Site, shall assign to Owner the unperformed portions of such Contractor’s subcontracts as Owner may request, provided Contractor shall retain its rights against such Subcontractors for work performed prior to such termination and Owner assumes all of Contractor’s obligations under such assigned agreements, and Contractor shall have no liability for any work performed thereunder, and such assignments shall become effective upon Owner’s payment of all amounts required under this Contract, and Contractor shall remove such materials, equipment, tools and instruments used and not incorporated into the Work, and any debris or waste materials brought to or generated at the Facility Site by Contractor in the performance of the Work, and Owner shall have a license to use any and all patented or proprietary information, and all drawings and plans Owner deems necessary to complete the Work, provided, however, Owner shall not have the right to use such information, drawings or plans for any other purpose and Contractor shall retain ownership of and all rights in such information, drawings or plans except for the limited license granted Owner herein. Owner shall indemnify, defend and hold harmless the Contractor Indemnitees for any claims or losses directly arising out of or related to any such use by Owner of the information, drawings and plans for any other purpose; and
(b) Although Owner shall use reasonable efforts to mitigate the cost for completion of the Work, Owner may employ any person, firm, or corporation to finish the Work by whatever method Owner may deem expedient and may undertake such expenditures as in Owner’s reasonable judgment will best accomplish the timely completion of the Work. In such event, Contractor shall be liable to Owner for the reasonably incurred additional costs to Owner of completing the Work. Such costs for which Contractor is liable as set forth above may be deducted by Owner out of monies due, or that may at any time thereafter become due, to Contractor. If such cost exceeds the sum that would have otherwise been payable to Contractor under this Contract, then Contractor shall be liable for, subject to the limitation...
Termination by Owner for Default. Should Fluor Xxxxxx become insolvent or -------------------------------- bankrupt, or should Fluor Xxxxxx commit a substantial breach of a material provision of this Agreement, and should Fluor Xxxxxx thereafter fail to commence proceedings in good faith to remedy such breach within ten (10) Days after written demand by Owner and thereafter to proceed diligently in remedying the same and to remedy the same within 45 Days, then Owner may terminate this Agreement and enter upon the premises and take possession thereof and at the same time instruct Fluor Xxxxxx to remove from the premises all of its tools, equipment and supplies, or Owner may take possession of any and all of such tools, equipment and supplies for the purpose of completing the Work. Upon any such termination, Fluor Xxxxxx shall be compensated for all reasonable costs then incurred and the portion of the Fixed Price accrued to such date in accordance with the provisions of Sections 6.1 and 6.2 hereof, plus the earned portion of the Fixed Fee provided for in Section 6.3, less any costs incurred by Owner to transition the Work to another contractor. In the event that Owner uses any of Fluor Daniel's equipment or tools, Owner shall return the same to Fluor Xxxxxx in good condition and repair, reasonable wear and tear excepted, and shall pay Fluor Xxxxxx for the use thereof as provided in Section 6.1.
Termination by Owner for Default. Upon expiration of the Notice to Cure period in § 12.2 and absent appropriate corrective action, Owner may terminate this Agreement by written notice. Termination for default is in addition to any other remedies available to Owner under this Agreement or law. If Owner’s costs arising out of Private Entity’s failure to cure, including the costs to complete the Work and reasonable attorneys’ fees, exceed the GMP, Private Entity shall be liable to Owner for such excess costs. If Owner’s costs are less than the GMP, Owner shall reimburse Private Entity for its costs not yet paid and fee, provided that in no event may the sum of amounts paid to Private Entity and costs paid to Other Contractors under this section exceed the GMP. If Owner exercises its rights under this section, upon the request of Private Entity, Owner shall furnish to Private Entity a detailed accounting of the costs incurred by Owner.
