Common use of Termination by Owner for Default Clause in Contracts

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 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 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.