Common use of TERMINATION BY THE DESIGN-BUILDER Clause in Contracts

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. 55.1 54.1 The Design-Builder may by giving written notice to the Owner Authority declare the Owner Authority in default of this Agreement for any of the following reasons: (a) the Owner Authority 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 Authority 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 40.10 for payment of invoices; (b) the Owner Authority 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 54.2 If a default referred to in Section 55.1 54.1 occurs, the Owner Authority will remedy the default within a 21 day rectification period after the notice given under Section 55.1 54.1 or within such extension thereof established by the Design-Builder. 55.3 54.3 If the Owner Authority fails to remedy the default within the rectification period described in Section 55.2 54.2 or any extension thereof established in accordance with that Section, the Design-Builder may exercise any or all of the followingmay: (a) waive the default; (b) further extend the rectification period; (c) suspend the Work; andor (d) terminate this Agreement. 55.4 54.4 If the Design-Builder terminates this Agreement in accordance with Section 55.3(d54.3(d), the Design- 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. 55.1 54.1 The Design-Builder may by giving written notice to the Owner Authority declare the Owner Authority in default of this Agreement for any of the following reasons: (a) : the Owner Authority 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 Authority 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 40.10 for payment of invoices; (b) ; the Owner Authority 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) or 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 54.2 If a default referred to in Section 55.1 54.1 occurs, the Owner Authority will remedy the default within a 21 day rectification period after the notice given under Section 55.1 54.1 or within such extension thereof established by the Design-Builder. 55.3 54.3 If the Owner Authority fails to remedy the default within the rectification period described in Section 55.2 54.2 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) and terminate this Agreement. 55.4 54.4 If the Design-Builder terminates this Agreement in accordance with Section 55.3(d54.3(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) and expenses of the Design-Builder that are directly related to the termination and reasonable in the circumstances including the Design-Builder’s 's obligations to other parties.

TERMINATION BY THE DESIGN-BUILDER. 55.1 54.1 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 40.10 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 54.2 On the happening of a default by the Owner referred to in Section 55.1 occurs54.1, the Design-Builder may specify in writing a 7 day rectification period within which 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-Builderevent of default. 55.3 54.3 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 SectionSection 54.2, the Design-Builder may exercise any or all of the followingmay: (a) waive the default; (b) further extend the rectification period; (c) suspend the Work; andor (d) terminate this Agreement. 55.4 54.4 If the Design-Builder terminates this Agreement in accordance with Section 55.3(d54.3(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. 55.1 54.1 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 40.10 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) or 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 54.2 If a default referred to in Section 55.1 54.1 occurs, the Owner will remedy the default within a 21 day rectification period after the notice given under Section 55.1 54.1 or within such extension thereof established by the Design-Builder. 55.3 54.3 If the Owner fails to remedy the default within the rectification period described in Section 55.2 54.2 or any extension thereof established in accordance with that Section, the Design-Builder may exercise any or all of the followingmay: (a) waive the default; (b) further extend the rectification period; (c) suspend the Work; andor (d) terminate this Agreement. 55.4 54.4 If the Design-Builder terminates this Agreement in accordance with Section 55.3(d54.3(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. 55.1 54.1 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 30 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 40.10 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; 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 54.2 On the happening of a default by the Owner referred to in Section 55.1 occurs54.1, the Design-Builder may specify in writing a 21 day rectification period within which 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-Builderevent of default. 55.3 54.3 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 SectionSection 54.2, the Design-Builder may exercise any or all of the followingmay: (a) waive the default; (b) further extend the rectification period; (c) suspend the Work; andor (d) terminate this Agreement. 55.4 54.4 If the Design-Builder terminates this Agreement in accordance with Section 55.3(d54.3(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. 55.1 54.1 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 40.10 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, including those identified in Section 23.1, 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 54.2 If a default referred to in Section 55.1 54.1 occurs, the Owner will remedy the default within a 21 day rectification period after the notice given under Section 55.1 54.1 or within such extension thereof established by the Design-Builder. 55.3 54.3 If the Owner fails to remedy the default within the rectification period described in Section 55.2 54.2 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 54.4 If the Design-Builder terminates this Agreement in accordance with Section 55.3(d54.3(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. 55.1 52.1 The Design-Builder may by giving written notice to the Owner Authority declare the Owner Authority in default of this Agreement for any of the following reasons: (a) the Owner Authority has failed to pay the Design-Builder within 45 30 days of the date that any payment becomes due to the Design-Builder in accordance with the terms of this Agreement, unless the Owner Authority 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 38.11 for payment of invoices; (b) the Owner Authority 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 52.2 On the happening of a default by the Authority referred to in Section 55.1 occurs52.1, the Owner will remedy the default within Design-Builder may specify in writing a 21 day rectification period after within which the notice given under Section 55.1 or within such extension thereof established by Authority will remedy the Design-Builderevent of default. 55.3 52.3 If the Owner Authority fails to remedy the default within the rectification period described in Section 55.2 or any extension thereof established in accordance with that SectionSection 52.2, the Design-Builder may exercise any or all of the followingmay: (a) waive the default; (b) further extend the rectification period; (c) suspend the Work; andor (d) terminate this Agreement. 55.4 52.4 If the Design-Builder terminates this Agreement in accordance with Section 55.3(d52.3(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. ‌‌‌ 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 41.10 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; oror‌ (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.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.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. 55.1 54.1 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 40.10 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 54.2 If a default referred to in Section 55.1 54.1 occurs, the Owner will remedy the default within a 21 day rectification period after the notice given under Section 55.1 54.1 or within such extension thereof established by the Design-Builder. 55.3 54.3 If the Owner fails to remedy the default within the rectification period described in Section 55.2 54.2 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 54.4 If the Design-Builder terminates this Agreement in accordance with Section 55.3(d54.3(d), the Design- 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. 55.1 52.1 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 38.10 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 52.2 On the happening of a default by the Owner referred to in Section 55.1 occurs52.1, the Design-Builder may specify in writing a 21 day rectification period within which 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-Builderevent of default. 55.3 52.3 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 SectionSection 52.2, the Design-Builder may exercise any or all of the followingmay: (a) waive the default; (b) further extend the rectification period; (c) suspend the Work; andor (d) terminate this Agreement. 55.4 52.4 If the Design-Builder terminates this Agreement in accordance with Section 55.3(d52.3(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. 55.1 ‌‌‌ 54.1 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 40.10 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; oror‌ (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 54.2 On the happening of a default by the Owner referred to in Section 55.1 occurs54.1, the Design-Builder may specify in writing a 7 day rectification period within which 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.event of default.‌‌ 55.3 54.3 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 SectionSection 54.2, the Design-Builder may exercise any or all of the followingmay: (a) waive the default; (b) further extend the rectification period;period;‌ (c) suspend the Work; andor (d) terminate this Agreement.Agreement.‌‌ 55.4 54.4 If the Design-Builder terminates this Agreement in accordance with Section 55.3(d54.3(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.