Termination by Owner Without Cause. This Agreement may be terminated by Owner at any time without cause and upon written notice to Property Manager by Owner, effective thirty (30) days from the date of such notice, which shall be considered the effective date of termination.
Termination by Owner Without Cause. 1. If the Owner terminates this Agreement other than pursuant to Article 14.2(2) or Article 14.3(2) of this Agreement, he shall reimburse the Construction Manager for any unpaid Cost of the Project due him under Article 9, plus that part of the unpaid balance of the Construction Phase Fee in an amount as will increase the payment on account of his fee to a sum which bears the same ratio to the Construction Phase Fee as the Cost of the Project at the time of termination bears to the Guaranteed Maximum Price, if established, otherwise to the Owner’s Construction Budget. The Owner shall also pay to the Construction Manager fair compensation, either by purchase or rental at the election of the Owner, for any equipment retained. In case of such termination of Agreement the Owner shall further assume and become liable for obligations, commitments and unsettled contractual claims that the Construction Manager has previously undertaken or incurred in good faith in connection with said Project. The Construction Manager shall, as a condition of receiving the payments referred to in this Article 14, execute and deliver all such papers and take all such steps including the legal assignment of his contractual rights, as the Owner may require for the purpose of fully vesting in him the rights and benefits of the Construction Manager under such obligations or commitments.
2. After the establishment of the Guaranteed Maximum Price or at the completion of the Design Phase, if the final cost estimates or lack of legislative funding make the Project no longer feasible from the standpoint of the Owner, the Owner may terminate this Agreement and pay the Construction Manager his proportionate fee due in accordance with Article 8.1 of this Agreement plus any costs incurred pursuant to Articles 9 and 10.
Termination by Owner Without Cause. The Owner reserves the exclusive right to terminate this Agreement without cause as provided herein. In the event that Owner exercises its rights of termination, Owner shall provide written notice to CM of termination and the termination shall become effective upon delivery to CM of such written notice. As a condition of Owner's termination rights provided for in this paragraph, CM shall be released and discharged from all obligations arising by, through or under the terms of this Agreement, and the Payment and Performance Bond shall be terminated. In the event of any such termination by Owner, Owner shall assume and become liable for obligations, commitments and unsettled contractual claims that CM has previously undertaken or incurred in connection with the PROJECT and as authorized under this agreement. In addition, Owner shall pay CM the additional compensation described below:
Termination by Owner Without Cause. (1) If the Owner terminates this Agreement or any Project Agreement other than pursuant to Article 14.2(2) or Article 14.3(2), Owner shall reimburse Contractor for any unpaid Cost of the Project due Contractor under any Project Agreement in effect, plus that part of the unpaid balance of the Construction Phase Fee in an amount equal to the Construction Phase Fee multiplied times the percentage of the construction project completed. The percentage shall be determined by the project team. The Owner shall also pay to Contractor fair compensation, either by purchase or rental at the election of the Owner, for any equipment retained. In case of such termination, the Owner shall further assume and become liable for obligations, commitments and unsettled contractual claims that Contractor has previously undertaken or incurred in good faith in connection with the Project. Contractor shall, as a condition of receiving the payments referred to herein, execute and deliver all such papers and take all such steps including the legal assignment of Contractor’s contractual rights, as the Owner may require for the purpose of fully vesting in Owner the rights and benefits of Contractor under such obligations or commitments.
(2) After the establishment of the GMP or at the completion of the Design Phase, if the final cost estimates or lack of funding make the Project no longer feasible from the standpoint of the Owner, the Owner may terminate the Project Agreement and pay Contractor its proportionate fee due in accordance with the Project Agreement plus any costs incurred as allowed herein.
Termination by Owner Without Cause. Owner, in Owner’s sole discretion, shall have the power to terminate this Agreement on not less than thirty (30) days’ prior written notice to Co-Manager for any or no reason.
Termination by Owner Without Cause. Compensation Due - If the Owner terminates this Agreement other than pursuant to paragraph 15.2, he shall reimburse the Construction Manager for any unpaid Cost of the Project due him under Article 9, plus that part of the unpaid balance of the Construction Phase Fee in an amount as will increase the payment on account of his fee to a sum which bears the same ratio to the Construction Phase Fee as the Cost of the Project at the time of termination bears to the Guaranteed Maximum Price, if established, otherwise to the Owner’s Construction Budget, whichever is less. The Owner shall also pay to the Construction Manager fair compensation, either by purchase or rental at the election of the Owner, for any equipment retained. In case of such termination of Agreement the Owner may further assume and become liable for obligations, commitments and unsettled contractual claims that the Construction Manager has previously undertaken or incurred in good faith in connection with said Project. The Construction Manager shall, as a condition of receiving the payments referred to in this Article 15, execute and deliver all such papers and take all such steps including the legal assignment of his contractual rights, as the Owner may require for the purpose of fully vesting in him the rights and benefits of the Construction Manager under such obligations or commitments. In the case of such a termination, the Construction Manager’s right to receive the amounts described in this paragraph shall be the Construction Manager’s sole and exclusive rights, remedies and recourse available to the Construction Manager in lieu of any and all other claims for compensation and damages, and the Owner shall have no further or other liability to the Construction Manager.
Termination by Owner Without Cause. Owner may terminate this Agreement at any time in Owner’s sole and absolute discretion subject to the following rights of the Construction Manager: If the Owner terminates this Agreement other than pursuant to Article 14.2(2) or Article 14.2(3), it shall reimburse the Construction Manager for any unpaid Cost of the Project due under Article 9, plus that part of the unpaid balance of the Construction Phase Compensation in an amount as will increase the payment on account of its fee to a sum which bears the same ratio to the Construction Phase Compensation as the Cost of the Project at the time of termination bears to the Guaranteed Maximum Price, if established, otherwise to the current Estimate of the actual cost of the Project as of the time of termination. The Owner shall also pay to the Construction Manager fair compensation, either by purchase or rental at the election of the Owner, for any equipment retained. In case of such termination of Agreement the Owner shall further assume and become liable for obligations, commitments and unsettled contractual claims that the Construction Manager has previously undertaken or incurred in good faith in connection with said Project. The Construction Manager shall, as a condition of receiving the payments referred to in this Article 14, execute and deliver all such papers and take all such steps including the legal assignment of its contractual rights, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Construction Manager under such obligations or commitments.
Termination by Owner Without Cause. If the Owner terminates this Agreement other than as set forth in Paragraph 11.2, the Owner shall pay the Contractor for all Work executed and for any proven loss, cost or expense in connection with the Work, plus all demobilization costs. In addition, the Contractor shall be paid an amount calculated as set forth below:
.1 If the Owner terminates this Agreement prior to commencement of the construction, the Contractor shall be paid the unpaid balance of the Contractor’s design costs as set forth in the Schedule of Values plus 5% of the remaining balance of the Contract Price.
.2 If the Owner terminates this Agreement after commencement of the construction, the Contractor shall be paid the unpaid balance of the Contractor’s design costs as set forth in the Schedule of Values plus 10% of the remaining balance of the Contract Price.
.3 In either event, the initial payment as provided in Paragraph 9.1 shall be credited to the Owner’s account at the time of termination.
.4 The Owner shall also pay to the Contractor fair compensation, either by purchase or rental at the election of the Owner, for any equipment retained. The Owner shall assume and become liable for obligations, commitments and unsettled claims that the Contractor has previously undertaken or incurred in good faith in connection with the Work or as a result of the termination of this Agreement. As a condition of receiving the payments provided under this Article 11, the Contractor shall cooperate with the Owner by taking all steps necessary to accomplish the legal assignment of the Contractor’s rights and benefits to the Owner, including the execution and delivery of required papers.
Termination by Owner Without Cause. (a) Upon one hundred eighty (180) days prior written notice to Developer, Owner may terminate this Agreement at any time without Cause.
(b) In the event this Agreement is terminated without Cause pursuant to Section 6(a), Owner shall be required to pay Developer (i) any unpaid portion of the Developer Fee and (ii) any Reimbursable Costs payable pursuant to Section 3, in each case for the period through the effective date of such termination and (iii) a termination fee equal to 30% of 3% of the remaining estimated Hard Costs of Construction of the Project. Said termination fee is intended to compensate Developer for its work in the planning stages of the Project for which no compensation is paid until Hard Costs of Construction of the Project are incurred.
Termination by Owner Without Cause. In addition to its rights set forth in this Article 8, subject to the terms of any Project Agreements, Owner reserves the right to terminate this Agreement without cause upon 90 days written notice to Operator. If the Agreement is terminated by Owner pursuant to this Section 8.5, Operator shall be compensated for all Reimbursable Costs incurred by Operator and all unpaid Annual Operating Fees to and including the date of such termination under this Section 8.5. Such payments, together with the termination payment set forth in Section 8.8, shall be Operator's sole remedy in respect of such termination and shall be made by Owner within 30 days of receipt of a final invoice from Operator.
