Common use of Termination by Owner Without Cause Clause in Contracts

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. 1. A. If the Owner terminates this Agreement other than pursuant to Article 14.2(2) section 14.2 B. or Article 14.3(2) of this Agreementsection 14.2 C., 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 Project, including a reasonable profit, at the time of termination bears to the Guaranteed Maximum Price, if established, otherwise to the Owner’s '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 assume, accept assignment of and become liable for obligations, obligations and 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. The Owner does not assume any responsibility for liabilities of the Construction Manager relating to issues that were in dispute between the Construction Manager or any contractor, subcontractor or supplier existing prior to termination. 2. B. 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. (1. ) If the Owner terminates this Agreement other than pursuant to Article 14.2(2) or Article 14.3(2) of this Agreement14.2(3), he the Owner 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 their 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 '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 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 14, execute and deliver all such papers and take all such steps including the legal assignment of his their contractual rights, as the Owner may request or require for the purpose of fully vesting in him them the rights and benefits of the Construction Manager under such obligations or commitmentsManager. (2. ) After the establishment of the Guaranteed Maximum Price or at the completion of the Design Preconstruction 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 their proportionate fee due in accordance with Article 8.1 of this Agreement plus any costs incurred pursuant to Articles 9 and 108.1.

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 Agreement14.2(3), he shall reimburse the Construction Manager for any unpaid Cost of the Project Work due him under Article 9, plus that part of the unpaid balance of the Construction Phase Fee Fees under Article 8 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 total expected Fees as the Cost of the Project at the time of termination bears to the Guaranteed Maximum Price, if established, otherwise to the Owner’s '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 reasonably 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 Pre-construction 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. (1. ) If the Owner terminates this Agreement other than pursuant to Article 14.2(2) or Article 14.3(2) of this Agreement), he Owner shall reimburse the Construction Manager Contractor for any unpaid Cost 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 cost of the Project at the time of termination bears to the Guaranteed Maximum PricePrice , if established, otherwise to the Owner’s '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 Contractor has previously undertaken or incurred in good faith in connection with said ProjectProject to the extent same are accepted by Owner. The Construction Manager Contractor 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 Contractor's contractual rights, as the Owner may require for the purpose of fully vesting in him Owner the rights and benefits of the Construction Manager Contractor under such obligations or commitments. (2. ) After the establishment of the Guaranteed Maximum Price or at the completion of the Design Pre• Construction 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 agreement any pay the Construction Manager Contractor 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. 1. 36.1 If the Owner terminates this Agreement other than pursuant to Article 14.2(2) or Article 14.3(2) of this Agreement35, he shall reimburse the Construction Manager for any unpaid Cost of the Project due him under Article 926, 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 14Article, 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. 36.2 After the establishment of the Guaranteed Maximum Price or at the completion of the Design Preconstruction 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 25 plus any costs incurred pursuant to Articles 9 and 1026.

Termination by Owner Without Cause. (1. ) If the Owner terminates this Agreement other than pursuant to Article 14.2(213.2(2) or Article 14.3(2) of this Agreement13.3(2), he shall reimburse the Construction Manager Contractor 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 Contractor 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 Contractor has previously undertaken or incurred in good faith in connection with said Project. The Construction Manager Contractor shall, as a condition of receiving the payments referred to in this Article 1413, 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 Contractor under such obligations or commitments. (2. ) After the establishment of the Guaranteed Maximum Price or at the completion of the Design PhaseStage III, 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 Contractor his proportionate fee due in accordance with Article 8.1 of this Agreement 6.1 plus any costs incurred pursuant to Articles 9 7, 8 and 109.