TERMINATION BY THE DESIGN-BUILDER. 12.2.1 If the Owner fails to make payment when due, the Design Builder may give written notice of the Design Builder’s intention to terminate this Agreement. If the Design Builder fails to receive payment within fourteen (14) days after receipt of such notice by the Owner, the Design Builder may give a second written notice and, fourteen (14) days after receipt of such second written notice by the Owner, may terminate this Agreement and recover from the Owner payment for Work executed and for proven losses sustained upon materials, equipment, tools, and construction equipment and machinery, including reasonable profit and applicable damages.
TERMINATION BY THE DESIGN-BUILDER. 55.1 The Design-Builder may by giving written notice to the Owner declare the Owner in default of this Agreement for any of the following reasons:
(a) the Owner has failed to pay the Design-Builder within 45 days of the date that any payment becomes due to the Design-Builder in accordance with the terms of this Agreement, unless the Owner is bona fide disputing liability to make such payment and has provided notice to the Design-Builder of the basis for its dispute before the time provided in Section 42.11 for payment of invoices;
(b) the Owner has failed to substantially supply the Site to the Design-Builder, subject to any property availability restrictions identified in this Agreement, within 180 days following the Site Occupation Date; or
(c) substantially all of the Work is stopped by an order of any court or public authority having jurisdiction (providing that such order was not issued as the result of any act or fault of the Design-Builder or a Subcontractor) for a period of 90 days.
55.2 If a default referred to in Section 55.1 occurs, the Owner will remedy the default within a 21 day rectification period after the notice given under Section 55.1 or within such extension thereof established by the Design-Builder.
55.3 If the Owner fails to remedy the default within the rectification period described in Section 55.2 or any extension thereof established in accordance with that Section, the Design-Builder may exercise any or all of the following:
(a) waive the default;
(b) further extend the rectification period;
(c) suspend the Work; and
(d) terminate this Agreement.
55.4 If the Design-Builder terminates this Agreement in accordance with Section 55.3(d), the Design- Builder is entitled to be paid:
(a) in accordance with the terms of this Agreement for all Work satisfactorily performed to the date of termination; and
(b) expenses of the Design-Builder that are directly related to the termination and reasonable in the circumstances including the Design-Builder’s obligations to other parties.
TERMINATION BY THE DESIGN-BUILDER. 12.3.1 Upon five (5) days' written notice to the Owner, the Design-Builder may terminate this Agreement for any of the following reasons:
.1 if the Work has been stopped for a sixty (60) day period
a. under court order or order of other governmental authorities having jurisdiction; or
b. as a result of the declaration of a national emergency or other governmental act during which, through no act or fault of the Design-Builder, materials are not available;
TERMINATION BY THE DESIGN-BUILDER. 15.1.1 Time Frame and Reasons 15.1.2. Termination
TERMINATION BY THE DESIGN-BUILDER. 12.4.1 Upon seven (7) Days' written notice to the Owner, the Design-Builder may terminate this Agreement for any of the following reasons:
12.4.1.1 if the Work has been stopped for a thirty (30) Day period
a. under court order or order of other governmental authorities having jurisdiction; or
b. as a result of the declaration of a national emergency or other governmental act during which, through no act or fault of the Design-Builder, materials are not available;
12.4.1.2 if the Work is suspended by the Owner for thirty (30) consecutive Days;
12.4.1.3 if the Owner fails to furnish reasonable evidence that sufficient funds are available and committed for the entire cost of the Project in accordance with subsection 4.2 of this Agreement.
12.4.2 If the Owner has for thirty (30) Days failed to pay the Design-Builder pursuant to subsection 10.1.2, the Design-Builder may give written notice of its intent to terminate this Agreement. If the Design-Builder does not receive payment within seven (7) Days of giving written notice to the Owner, then upon seven (7) Days' additional written notice to the Owner, the Design -Builder may terminate this Agreement.
12.4.3 Upon termination by the Design-Builder in accordance with this section, the Design-Builder shall be entitled to recover from the Owner payment for all Work executed and for all proven loss, cost or expense in connection with the Work, plus all demobilization costs and reasonable damages. In addition, the Design-Builder shall be paid an amount calculated as set forth either in subsection 12.3.1 or 12.3.2, depending on when the termination occurs, and subsection 12.3.3.
TERMINATION BY THE DESIGN-BUILDER. 11.2.1 If the Owner fails to make payment when due, the Design/Builder may give written notice of the Design/Builder's intention to terminate Part 2. If the Design/Builder fails to receive payment within seven (7) days after providing such notice to the Owner, the Design/Builder may give a second written notice, and seven (7) days after receipt of such second written notice by the Owner, if Owner has not made such payments as are then due, Design/Builder may terminate this Part 2 and recover from the Owner payment for Work executed and for proven loses sustained upon materials, equipment, tools and construction equipment and machinery, and for compensation described at Paragraph 12.
1. No other claim for damages shall accrue, including claims for consequential damages.
TERMINATION BY THE DESIGN-BUILDER. § 12.2.1 If the Owner fails to make payment when due pursuant to the terms hereof, the Design/Builder may give written notice of the Design/Builder’s intention to terminate this Part 2 Agreement. If the Design/Builder fails to receive payment of any undisputed amounts within seven (7) days after receipt of such notice by the Owner, the Design/Builder may give a second written notice and if such failure of payment is not cured within seven (7) days after receipt of such second written notice by the Owner, the Design/Builder may terminate this Part 2 Agreement and recover from the Owner payment for Work executed and for proven losses sustained upon materials, equipment, tools, and construction equipment and machinery, including reasonable profit on the Work completed up to the date of the notice of termination (not to exceed the rate indicated in Section 13.1.1.1).
TERMINATION BY THE DESIGN-BUILDER. § 12.2.1 If the Owner fails to make payment of undisputed amounts within thirty (30) days of the date when due, the Design/Builder may give written notice of the Design/ Builder’s intention to terminate this Part 2 Agreement. If the Design/Builder fails to receive payment of such undisputed amounts within seven (7) days after receipt of such notice by the Owner, the Design/Builder may give a second written notice and, if such undisputed amounts have not been paid within seven (7) days after receipt of such second written notice by the Owner, may terminate this Part 2 Agreement and recover from the Owner payment for Work properly executed in accordance with the Contract Documents prior to the date of termination.
TERMINATION BY THE DESIGN-BUILDER. 12.2.1 If the Owner fails to make payment when due or is otherwise in default with this
2.1. If the Total Contract Price has not been established, the minimum 6% compensation in this Subparagraph shall be based on the Guaranteed Maximum Price specified in Subparagraph 13.2.
TERMINATION BY THE DESIGN-BUILDER. If the Owner fails to make timely payment of any undisputed amounts when due, following seven (7) days' written notice to the Owner, the Design/Builder may terminate the Agreement and recover from the Owner payment for Work actually executed and for actual, proven loss with respect to materials, equipment, tools, construction equipment and machinery, including reasonable overhead, profit and damages. Under no circumstances shall Owner have any liability for any costs, expenses, overhead, or profits in relation to any work not actually performed, or for any future or anticipated profits, recovery, damages, expenses, or loses.
