Common use of Termination by the Owner for Cause Clause in Contracts

Termination by the Owner for Cause. The Owner may terminate the Contract due to the Contractor's inability to perform for these reasons: • Refusal or failure to supply properly skilled workers or materials; • Disregarding the laws, ordinances or regulations of public authorities having jurisdiction over the Work; or • Substantially breaching provisions of the Contract Documents. If such conditions exist the Owner may, without prejudice of any other rights or remedies of the Owner, after having given the Contractor and the Contractor's surety seven days written notice, terminate the Agreement and, subject to any prior rights of the surety: • Take possession of the site and materials, equipment, tools, and machinery therein owned by the Contractor; • Accept assignment of Subcontracts; and • Finish the work by whatever means are available to the Owner. Should the Work be terminated according to this section the Contractor shall not be entitled to receive further payment until the Work is finished. If the unpaid balance of the Contract Amount exceeds the costs of finishing the work, such excess shall be used to pay the Contractor amounts due for materials and equipment stored on site and Work completed in accordance with the Contract Documents which has been Certified by the Architect/Engineer and accepted by the Owner. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner, which obligation for payment shall survive the termination of the Agreement. The costs of finishing the Work include, without limitation, all reasonable attorney's fees, additional title costs, insurance, additional interest because of delay in completing the Work, and all other direct, indirect, and consequential costs incurred by the Owner by reason of the termination of the Contractor as stated herein. The Owner shall be entitled to hold all amounts due the Contractor at the date of termination until all of the Owner's costs have been established, and to apply such amounts to such costs. Should the Owner's termination of the Contractor for Cause be challenged, and should such challenge prevail, then the Owner's termination of the Contractor shall be deemed to have been a Termination for Convenience, and Contractor's entitlement to compensation shall be determined in accordance with paragraph 3 below.

Termination by the Owner for Cause. The Owner may terminate the Contract due to the Contractor's inability to perform for these reasons: • Refusal or failure to supply properly skilled workers or materials; • Disregarding the laws, ordinances or regulations of public authorities having jurisdiction over the Work; or • Substantially breaching provisions of the Contract Documents. If such conditions exist the Owner may, without prejudice of any other rights or remedies of the Owner, after having given the Contractor and the Contractor's surety seven days written notice, terminate the Agreement and, subject to any prior rights of the surety: • Take possession of the site and materials, equipment, tools, and machinery therein owned by the Contractor; • Accept assignment of Subcontracts; and • Finish the work by whatever means are available to the Owner. Should the Work be terminated according to this section the Contractor shall not be entitled to receive further payment until the Work is finished. If the unpaid balance of the Contract Amount exceeds the costs of finishing the work, such excess shall be used to pay the Contractor amounts due for materials and equipment stored on site and Work completed in accordance with the Contract Documents which has been Certified by the Architect/Engineer and accepted by the Owner. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner, which obligation for payment shall survive the termination of the Agreement. The costs of finishing the Work include, without limitation, all reasonable attorney's fees, additional title costs, insuranceinsuranc e, additional interest because of delay in completing the Work, and all other direct, indirect, and consequential costs incurred by the Owner by reason of the termination of the Contractor as stated herein. The Owner shall be entitled to hold all amounts due the Contractor at the date of termination until all of the Owner's costs have been established, and to apply such amounts to such costs. Should the Owner's termination of the Contractor for Cause be challenged, and should such challenge prevail, then the Owner's termination of the Contractor shall be deemed to have been a Termination for Convenience, and Contractor's entitlement to compensation shall be determined in accordance with paragraph 3 below.

Termination by the Owner for Cause. The Owner may terminate the Contract due to the Contractor's inability to perform for these reasons: •  Refusal or failure to supply properly skilled workers or materials; •  Disregarding the laws, ordinances or regulations of public authorities having jurisdiction over the Work; or •  Substantially breaching provisions of the Contract Documents. If such conditions exist the Owner may, without prejudice of any other rights or remedies of the Owner, after having given the Contractor and the Contractor's surety seven days written notice, terminate the Agreement and, subject to any prior rights of the surety: •  Take possession of the site and materials, equipment, tools, and machinery therein owned by the Contractor; •  Accept assignment of Subcontracts; and •  Finish the work by whatever means are available to the Owner. Should the Work be terminated according to this section the Contractor shall not be entitled to receive further payment until the Work is finished. If the unpaid balance of the Contract Amount exceeds the costs of finishing the work, such excess shall be used to pay the Contractor amounts due for materials and equipment stored on site and Work completed in accordance with the Contract Documents which has been Certified by the Architect/Engineer and accepted by the Owner. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner, which obligation for payment shall survive the termination of the Agreement. The costs of finishing the Work include, without limitation, all reasonable attorney's fees, additional title costs, insurance, additional interest because of delay in completing the Work, and all other direct, indirect, and consequential costs incurred by the Owner by reason of the termination of the Contractor as stated herein. The Owner shall be entitled to hold all amounts due the Contractor at the date of termination until all of the Owner's costs have been established, and to apply such amounts to such costs. Should the Owner's termination of the Contractor for Cause be challenged, and should such challenge prevail, then the Owner's termination of the Contractor shall be deemed to have been a Termination for Convenience, and Contractor's entitlement to compensation shall be determined in accordance with paragraph 3 below.

Termination by the Owner for Cause. The If Design Professional through any cause fails to perform any of the material terms, covenants or provisions of this Contract, or fails to perform them properly, or if he or she for any cause fails to perform such services within the time required hereunder (or if no time is specified, within a reasonable time), then Owner may shall have the right to terminate this Contract by giving notice in writing of the Contract due fact and date of such termination to the Contractor's inability to perform for these reasons: • Refusal or failure to supply properly skilled workers or materials; • Disregarding the laws, ordinances or regulations of public authorities having jurisdiction over the Work; or • Substantially breaching provisions Design Professional. The termination date shall be no less than seven (7) calendar days after receipt of the Contract Documentstermination notice. If such conditions exist Upon termination, all Instruments of Service, including all drawings, models, specifications and other documents relating to the Owner may, without prejudice of any other rights or remedies design of the Owner, after having given the Contractor and the Contractor's surety seven days written notice, terminate the Agreement and, subject to any prior rights Project or Construction Contract Administration of the surety: • Take possession of the site and materials, equipment, tools, and machinery therein owned Work shall be surrendered forthwith by the Contractor; • Accept assignment of Subcontracts; and • Finish the work by whatever means are available Design Professional to the Owner. Should In such case, the Work be terminated according Design Professional shall receive proper compensation for such services that have been satisfactorily performed by the Design Professional up to the date of termination of this section Contract, less any damages incurred by Owner resulting from any breach hereof or negligent act or omission by Design Professional. In the Contractor shall not be entitled to receive further payment until the Work is finished. If the unpaid balance event of the Contract Amount exceeds the costs of finishing the worka dispute, such excess proper compensation shall be used determined by an independent auditor, to pay whom the Contractor amounts Design Professional shall have no reasonable objection, selected and paid for by the Owner. The Owner may take over the services to be provided hereunder and may prosecute the same to completion by contract or otherwise, and the Design Professional shall be liable to the Owner for any excess cost occasioned the Owner thereby. The Design Professional shall also be liable for any other damages, costs, losses and expenses (including, but not limited to, reasonable attorneys’ fees) incurred by Owner, including but not limited to any and all damages, costs, losses and expenses due to delays in the Overall Project Schedule caused by or resulting from the Design Professional’s breach hereof or negligent act or omission. exhibits Exhibit A Program Exhibit B Design Professional’s Key Personnel and Consultants Exhibit C Schedule of Hourly Rates and Unit Prices for materials Additional Services Exhibit D Schedule of Site Visits Exhibit E Preliminary Design and equipment stored on site Construction Schedule Exhibit F Owner’s Instructions to Design Professionals Exhibit G CM/GC Forms Packet Exhibit H Description of Additional Services EXHIBIT A PROGRAM EXHIBIT B DESIGN PROFESSIONAL’S KEY PERSONNEL AND CONSULTANTS Design Professional’s Key Personnel and Work completed Role Descriptions Position or Title Name Office Location Principal-In-Charge     Project Director     Insert Title     Insert Title     Insert Title     Insert Title     Insert Title     Insert Title     Insert Title     Design Professional’s Consultants and Role Descriptions Role Description Firm or Name of Consultant Interior Designer   Civil Engineer   Landscape Designer   Mechanical Engineer   Electrical Engineer   Plumbing Engineer   Structural Engineer   Other   Other   Other   Other   Other   EXHIBIT C SCHEDULE OF HOURLY RATES AND UNIT PRICES FOR ADDITIONAL SERVICES Hourly Rates The following hourly rates shall apply to Additional Services in accordance with the terms of the Contract. These hourly rates may be adjustable annually on the anniversary date of this Contract Documents which has been Certified by subject to the Architect/Engineer customary salary policies of the Design Team member firms and accepted by the approval of the Owner. If such costs exceed the unpaid balanceFor Senior Principal – at a rate of $  per hour. For Principal – at a rate of $  per hour. For Project Architect / Engineer – at a rate of $  per hour. For Staff Senior Architect / Staff Senior Engineer – at a rate of $  per hour. For Staff Intern Architect / Junior Engineer – at a rate of $  per hour. For CADD Draftsman – at a rate of $  per hour. For Specifications Writer – at a rate of $  per hour. For Administrative Support – at a rate of $  per hour. For Construction Inspector – at a rate of $  per hour. For Other – at a rate of $  per hour. Unit Prices for Additional Site Visits: Architect $  Civil Engineer $  Landscape Design Professional $  Civil Engineer $  Structural Engineer $  Mechanical Engineer $  Electrical Engineer $  Building Official $  Other $  Other $  EXHIBIT D SCHEDULE OF ANTICIPATED MEETINGS & SITE VISITS Schedule D-1 (Part I): Anticipated Meetings with Owner and Using Agency to Develop and Review and Project Design Meetings include participation by architect, the Contractor shall pay the difference to the Ownerstructural engineer, which obligation for payment shall survive the termination of the Agreement. The costs of finishing the Work includecivil engineer, without limitation, all reasonable attorney's fees, additional title costs, insurance, additional interest because of delay in completing the Workmechanical engineer, and all other directelectrical engineer and specialty consultants, indirect, and consequential costs incurred by the Owner by reason of the termination of the Contractor as stated herein. The Owner shall be entitled to hold all amounts due the Contractor at the date of termination until all of the Owner's costs have been established, and to apply such amounts to such costs. Should the Owner's termination of the Contractor for Cause be challenged, and should such challenge prevail, then the Owner's termination of the Contractor shall be deemed to have been a Termination for Convenience, and Contractor's entitlement to compensation shall be determined in accordance with paragraph 3 belowneeded.

Termination by the Owner for Cause. The Owner may terminate the Contract due to the Contractor's inability to perform for these reasons: • Refusal or failure to supply properly skilled workers or materials; • Disregarding the laws, ordinances or regulations of public authorities having jurisdiction over the Work; or • Substantially breaching provisions of the Contract Documents. If such conditions exist the Owner may, without prejudice of any other rights or remedies of the Owner, after having given the Contractor and the Contractor's surety seven days written notice, terminate the Agreement and, subject to any prior rights of the surety: • Take possession of the site and materials, equipment, tools, and machinery therein owned by the Contractor; • Accept assignment of Subcontracts; and • Finish the work by whatever means are available to the Owner. Should the Work be terminated according to this section the Contractor shall not be entitled to receive further payment until the Work is finished. If the unpaid balance of the Contract Amount exceeds the costs of finishing the work, such excess shall be used to pay the Contractor amounts due for materials and equipment stored on site and Work completed in accordance with the Contract Documents which has been Certified by the Architect/Engineer and accepted by the Owner. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner, which obligation for payment shall survive the termination of the Agreement. The costs of finishing the Work include, without limitation, all reasonable attorney's fees, additional title costs, insurance, additional interest because of delay in completing the Work, and all other direct, indirect, and consequential costs incurred by the Owner by reason of the termination of the Contractor as stated herein. The Owner shall be entitled to hold all amounts due the Contractor at the date of termination until all of the Owner's costs have been established, and to apply such amounts to such costs. Should the Owner's termination of the Contractor for Cause be challenged, and should such challenge prevail, then the Owner's termination of the Contractor shall be deemed to have been a Termination for Convenience, and Contractor's entitlement to compensation shall be determined in accordance with paragraph 3 below.

Termination by the Owner for Cause. The Owner OWNER may terminate the Contract due to the ContractorCONTRACTOR's inability to perform for these reasons: • Refusal or failure to supply properly skilled workers or materials; • Disregarding the laws, ordinances or regulations of public authorities having jurisdiction over the Work; or • Substantially breaching provisions of the Contract Documents. If such conditions exist the Owner OWNER may, without prejudice of any other rights or remedies of the OwnerOWNER, after having given the Contractor CONTRACTOR and the ContractorCONTRACTOR's surety seven days written notice, terminate the Agreement and, subject to any prior rights of the surety: • Take possession of the site and materials, equipment, tools, and machinery therein owned by the ContractorCONTRACTOR; • Accept assignment of Subcontracts; and • Finish the work by whatever means are available to the OwnerOWNER. Should the Work be terminated according to this section the Contractor CONTRACTOR shall not be entitled to receive further payment until the Work is finished. If the unpaid balance of the Contract Amount exceeds the costs of finishing the work, such excess shall be used to pay the Contractor CONTRACTOR amounts due for materials and equipment stored on site and Work completed in accordance with the Contract Documents which has been Certified by the Architect/Engineer OWNERS AUTHORIZED REPRESENTATIVE and accepted by the OwnerOWNER. If such costs exceed the unpaid balance, the Contractor CONTRACTOR shall pay the difference to the OwnerOWNER, which obligation for payment shall survive the termination of the Agreement. The costs of finishing the Work include, without limitation, all reasonable attorney's fees, additional title costs, insurance, additional interest because of delay in completing the Work, and all other direct, indirect, and consequential costs incurred by the Owner OWNER by reason of the termination of the Contractor CONTRACTOR as stated herein. The Owner OWNER shall be entitled to hold all amounts due the Contractor CONTRACTOR at the date of termination until all of the OwnerOWNER's costs have been established, and to apply such amounts to such costs. Should the OwnerOWNER's termination of the Contractor CONTRACTOR for Cause be challenged, and should such challenge prevail, then the OwnerOWNER's termination of the Contractor CONTRACTOR shall be deemed to have been a Termination for Convenience, and ContractorCONTRACTOR's entitlement to compensation shall be determined in accordance with paragraph 3 below.

Termination by the Owner for Cause. The Owner may terminate the Contract due to the Contractor's inability to perform for these reasons: • Refusal or failure to supply properly skilled workers or materials; • Disregarding the laws, ordinances or regulations of public authorities having jurisdiction over the Work; or • Substantially breaching provisions of the Contract Documents. If such conditions exist the Owner may, without prejudice of any other rights or remedies of the Owner, after having given the Contractor and the Contractor's surety seven days written notice, terminate the Agreement and, subject to any prior rights of the surety: • Take possession of the site and materials, equipment, tools, and machinery therein owned by the Contractor; • Accept assignment of Subcontracts; and • Finish the work by whatever means are available to the Owner. Should the Work be terminated according to this section the Contractor shall not be entitled to receive further payment until the Work is finished. If the unpaid balance of the Contract Amount exceeds the costs of finishing the work, such excess shall be used to pay the Contractor amounts due for materials and equipment stored on site and Work completed in accordance with the Contract Documents which has been Certified by the Architect/Engineer and accepted by the Owner. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner, which obligation for payment shall survive the termination of the Agreement. The costs of finishing the Work include, without limitation, all reasonable attorney's fees, additional title costs, insurance, additional interest because of delay in completing the Work, and all other direct, indirect, and consequential costs incurred by the Owner by reason of the termination of the Contractor as stated herein. The Owner shall be entitled to hold all amounts due the Contractor at the date of termination until all of the Owner's costs have been established, and to apply such amounts to such costs. Should the Owner's termination of the Contractor for Cause be challenged, and should such challenge prevail, then the Owner's termination of the Contractor shall be deemed to have been a Termination for Convenience, and Contractor's entitlement to compensation shall be determined in accordance with paragraph 3 below.

Termination by the Owner for Cause. The Owner may terminate the Contract due to the Contractor's inability to perform for these reasons: • Refusal or failure to supply properly skilled workers or materials; • Disregarding the laws, ordinances or regulations of public authorities having jurisdiction over the Work; or • Substantially breaching provisions of the Contract Documents. If such conditions exist the Owner may, without prejudice of any other rights or remedies of the Owner, after having given the Contractor and the Contractor's surety seven days written notice, terminate the Agreement and, subject to any prior rights of the surety: • Take possession of the site and materials, equipment, tools, and machinery therein owned by the Contractor; . • Accept assignment of Subcontracts; and • Finish the work by whatever means are available to the Owner. Should the Work be terminated according to this section the Contractor shall not be entitled to receive further payment until the Work is finished. If the unpaid balance of the Contract Amount exceeds the costs of finishing the work, such excess shall be used to pay the Contractor amounts due for materials and equipment stored on site and Work completed in accordance with the Contract Documents which has been Certified by the Architect/Engineer and accepted by the Owner. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner, which obligation for payment shall survive the termination of the Agreement. The costs of finishing the Work include, without limitation, all reasonable attorney's fees, additional title costs, insurance, additional interest because of delay in completing the Work, and all other direct, indirect, and consequential costs incurred by the Owner by reason of the termination of the Contractor as stated herein. The Owner shall be entitled to hold all amounts due the Contractor at the date of termination until all of the Owner's costs have been established, and to apply such amounts to such costs. Should the Owner's termination of the Contractor for Cause be challenged, and should such challenge prevail, then the Owner's termination of the Contractor shall be deemed to have been a Termination for Convenience, and Contractor's entitlement to compensation shall be determined in accordance with paragraph 3 below.