Common use of Termination by Owner Without Cause Clause in Contracts

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. Compensation Due - A. If the Owner terminates this Agreement other than pursuant to paragraph 15.2section 14.2 B. or section 14.2 C., he shall reimburse the Construction Manager 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 Direct Cost of the Project Work, 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, 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 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 1514, 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 The Owner does not assume any responsibility for liabilities 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 relating to issues that were in lieu dispute between the Construction Manager or any contractor, subcontractor or supplier existing prior to termination. B. After the establishment of any and all other claims for compensation and damagesthe Guaranteed Maximum Price or at the completion of the Design Phase, and if the final cost estimates or lack of legislative funding make the Project no longer feasible from the standpoint of the Owner, the Owner shall have no further or other liability to may terminate this Agreement and pay the Construction ManagerManager his proportionate fee due in accordance with Article 8.1 plus any costs incurred pursuant to Articles 9 and 10.

Termination by Owner Without Cause. Compensation Due - (1) If the Owner terminates this Agreement other than pursuant to paragraph 15.2Article 14.2(2) or Article 14.2(3), he the Owner 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 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, whichever is less. 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 Agreement, the Owner may further assume and become liable for obligations, commitments commitments, and unsettled contractual claims that the Construction Manager Contractor has previously undertaken or incurred in good faith in connection with said Project. This payment shall be the Contractor’s sole remedy for any termination under this Section. The Construction Manager Contractor shall, as a condition of receiving the payments referred to in this Article 1514, 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 Contractor. (2) After the establishment of the Guaranteed Maximum Price or commitments. In at the case completion of such a terminationthe 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 Construction Manager’s right to receive Owner may terminate this Agreement and pay the amounts described Contractor their proportionate fee due 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 Manageraccordance with Article 8.

Termination by Owner Without Cause. Compensation Due - 1. If the Owner terminates this Agreement other than pursuant to paragraph 15.2Article 14.2(2) or Article 14.2(3), 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 '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, and reasonable field overhead and profit on work performed. In case of such termination of Agreement the Owner may further assume and become liable for 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 1514, 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 Owner does not assume any responsibility for legal expenses relating to issues of termination. 2. After the case establishment of such a terminationthe Guaranteed Maximum Price or at the completion of the 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 Construction Manager’s right to receive the amounts described in Owner may terminate this paragraph shall be the Construction Manager’s sole Agreement and exclusive rights, remedies and recourse available to pay the Construction Manager his proportionate fee due in lieu of accordance with Article 8.1 plus any costs incurred pursuant to Articles 9 and all other claims for compensation and damages, and the Owner shall have no further or other liability to the Construction Manager10.