Common use of TERMINATION BY OWNER FOR Clause in Contracts

TERMINATION BY OWNER FOR. DEFAULT If, within seven (7) Days of receipt of a notice to cure pursuant to Section 12.2, the Construction Manager fails to commence and satisfactorily continue correction of the default set forth in the notice to cure, the Owner may notify the Construction Manager, and if applicable, the surety, that it intends to terminate this Agreement for default absent appropriate corrective action within fourteen (14) 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 the Owner under Section 12.2. If the Owner's costs arising out of the Construction Manager's failure to cure, including the costs of completing the Work and reasonable attorneys’ fees, exceed the unpaid GMP, the Construction Manager shall be liable to the Owner for such excess costs. If the Owner exercises its rights under this section, upon the request of the Construction Manager, the Owner shall furnish to the Construction Manager a detailed accounting of the costs incurred by the Owner.

Appears in 4 contracts

Samples: Standard Agreement, Standard Agreement, Standard Agreement

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TERMINATION BY OWNER FOR. DEFAULT If, within seven (7) Days of receipt of a notice to cure pursuant to Section section 12.2, the Construction Manager fails to commence and satisfactorily continue correction of the default set forth in the notice to cure, the Owner may notify the Construction Manager, and if applicable, the surety, that it intends to terminate this Agreement for default absent appropriate corrective action within fourteen (14) additional Days. After the expiration of the additional fourteen 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 the Owner under Section section 12.2. If the Owner's costs arising out of the Construction Manager's failure to cure, including the costs of completing the Work and reasonable attorneys’ fees, exceed the unpaid GMPGM P, the Construction Manager shall be liable to the Owner for such excess costs. If the Owner exercises its rights under this section, upon the request of the Construction Manager, the Owner shall furnish to the Construction Manager a detailed accounting of the costs incurred by the Owner.

Appears in 1 contract

Samples: Standard Agreement

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