Common use of TERMINATION BY THE OWNER Clause in Contracts

TERMINATION BY THE OWNER. 12.1.1 This Agreement may be terminated by the Owner upon 14 days’ written notice to the Design Builder in the event that the Project is abandoned. If such termination occurs, the Owner shall pay the Design Builder for Work completed and for proven loss sustained upon materials, equipment, tools, and construction equipment machinery, including reasonable profit and applicable damages. 12.1.2 If the Design Builder defaults or persistently fails or neglects to carry out the Work in accordance with the Contract Documents or fails to perform the provisions of this Agreement, the Owner may give written notice that the Owner intends to terminate this Agreement. If the Design Builder fails to correct the defaults, failure or neglect within fourteen (14) days after being given notice, the Owner may then give a second written notice and, after an additional fourteen (14) days the Owner may without prejudice to any other remedy terminate the employment of the Design Builder and take possession of the site and of all materials, equipment and finish the Work by whatever method the Owner may deem expedient. If the unpaid balance of the Contract Sum exceeds the expense of finishing the Work and all damages incurred by the Owner, such excess shall be paid to the Design Builder. If the expense of completing the Work and all damages incurred by the Owner exceeds the unpaid balance, the Design Builder shall pay the difference to the Owner. This obligation for payment shall survive termination of this Agreement.

TERMINATION BY THE OWNER. 12.1.1 13.1.1 This Part 2 Agreement may be terminated by the Owner upon 14 days’ ' written notice to the Design Design/Builder in the event that the Project is abandoned. If such termination occurs, the Owner shall pay the Design Design/Builder for Work completed and for proven loss sustained upon materials, equipment, tools, and construction equipment and machinery, including reasonable profit and applicable damages. 12.1.2 13.1.2 If the Design Design/Builder defaults or persistently fails or neglects to carry out the Work in accordance with the Contract Documents or fails to perform the provisions of this Part 2 Agreement, the Owner may give written notice that the Owner intends to terminate this Part 2 Agreement. If the Design Design/Builder fails to correct the defaults, failure or neglect within fourteen seven (147) days after being given notice, the Owner may then give a second written notice and, after an additional fourteen seven (147) days days, the Owner may without prejudice to any other remedy terminate the employment of the Design Design/Builder and take possession of the site and of all materials, equipment, tools and construction equipment and machinery thereon owned by the Design/Builder and finish the Work by whatever method the Owner may deem expedient. If the unpaid balance of the Contract Sum exceeds the expense of finishing the Work and all damages incurred by the Owner, such excess shall be paid to the Design Design/Builder. If the expense of completing the Work and all damages incurred by the Owner exceeds the unpaid balance, the Design Design/Builder shall pay the difference to the Owner. This obligation for payment shall survive termination of this Part 2 Agreement.

TERMINATION BY THE OWNER. 12.1.1 This Agreement may be terminated by the Owner upon 14 days’ written notice to the Design Builder in the event that the Project is abandoned. If such termination occurs, the Owner shall pay the Design Builder for Work completed and for proven loss sustained upon materials, equipment, tools, and construction equipment machinery, including reasonable profit and applicable damages. 12.1.2 If the Design Builder defaults or persistently fails or neglects to carry out the Work in accordance with the Contract Documents or fails falls to perform the provisions of this Agreement, the Owner may give written notice that the Owner intends to terminate this Agreement. If the Design Builder fails to correct the defaults, failure or neglect within fourteen (14) days after being given notice, the Owner may then give a second written notice and, after an additional fourteen (14) days the Owner may without prejudice to any other remedy terminate the employment of the Design Builder and take possession of the site and of all materials, equipment and finish the Work by whatever method the Owner may deem expedient. If the unpaid balance of the Contract Sum exceeds the expense of finishing the Work and all damages incurred by the Owner, such excess shall be paid to the Design Builder. If the expense of completing the Work and all damages incurred by the Owner exceeds the unpaid balance, the Design Builder shall pay the difference to the Owner. This obligation for payment shall survive termination of this Agreement.

TERMINATION BY THE OWNER. 12.1.1 This Agreement may be terminated by the Owner upon 14 days’ ' written notice to the Design Builder in the event that the Project is abandoned. If such termination occurs, the Owner shall pay the Design Builder for Work completed and for proven loss sustained upon materials, equipment, tools, and construction equipment machinery, including reasonable profit and applicable damages. 12.1.2 If the Design Builder defaults or persistently fails or neglects to carry out the Work in accordance with the Contract Documents or fails to perform the provisions of this Agreement, the Owner may give written notice that the Owner intends to terminate this Agreement. If the Design Builder fails to correct the defaults, failure or neglect within fourteen (14) days after being given notice, the Owner may then give a second written notice and, after an additional fourteen (14) days the Owner may without prejudice to any other remedy terminate the employment of the Design Builder and take possession of the site and of all materials, equipment and finish the Work by whatever method the Owner may deem expedient. If the unpaid balance of the Contract Sum exceeds the expense of finishing the Work and all damages incurred by the Owner, such excess shall be paid to the Design Builder. If the expense of completing the Work and all damages incurred by the Owner exceeds the unpaid balance, the Design Builder shall pay the difference to the Owner. This obligation for payment shall survive termination of this Agreement.

TERMINATION BY THE OWNER. 12.1.1 This Agreement may be terminated by the Owner upon 14 days’ written notice to the Design Builder in the event that the Project is abandoned. If , if such termination occurs, the Owner shall pay the Design Builder for Work completed and for proven loss sustained upon materials, equipment, tools, and construction equipment machinery, including reasonable profit and applicable damages. 12.1.2 If the Design Builder defaults or persistently fails or neglects to carry out the Work in accordance with the Contract Documents or fails to perform the provisions of this Agreement, the Owner may give written notice that the Owner intends to terminate this Agreement. If the Design Builder fails to correct the defaults, failure or neglect within fourteen (14) days after being given notice, the Owner may then give a second written notice and, after an additional fourteen (14) days the Owner may without prejudice to any other remedy terminate the employment of the Design Builder and take possession of the site and of all materials, equipment and finish the Work by whatever method the Owner may deem expedient. If the unpaid balance of the Contract Sum exceeds the expense of finishing the Work and all damages incurred by the Owner, such excess shall be paid to the Design Builder. If the expense of completing the Work and all damages incurred by the Owner exceeds the unpaid balance, the Design Builder shall pay the difference to the Owner. , This obligation for payment shall survive termination of this Agreement.

TERMINATION BY THE OWNER. § 12.1.1 This Part 2 Agreement may be terminated by the Owner upon 14 days’ written notice to the Design Design/Builder in the event that the Project is abandonedwith or without cause. If such termination occursoccurs without cause, the Owner shall pay the Design Design/Builder for Work completed and for proven loss sustained upon materials, equipment, tools, and construction equipment machineryall non-cancelable obligations, including reasonable profit and applicable damages.on the Work completed up until the date of the notice of termination (not to exceed the rate indicated in Section 13.1.1.1), consistent with Exhibit A. § 12.1.2 If the Design Design/Builder defaults or persistently fails or neglects to carry out the Work in accordance with the Contract Documents or fails to perform the any other provisions of this Part 2 Agreement, the Owner may give written notice that the Owner intends to terminate this Part 2 Agreement. If the Design Design/Builder fails to correct the defaultsdefault, failure or neglect within fourteen seven (147) days after being given such notice, the Owner may then give a second written notice andmay, after an additional fourteen (14) days the Owner may without prejudice to any other remedy remedy, terminate the Contract and the employment of the Design Design/Builder in whole or in part, and take possession of the site and of all materials, equipment, tools and construction equipment and machinery thereon owned by the Design/Builder and finish the Work or any portion thereof by whatever method the Owner may deem expedient. If the unpaid balance of the Contract Sum (GMP) exceeds the expense of finishing the Work and all damages incurred by the Owner, such excess the Owner shall be paid reimburse the Design/Builder, up to the Design Builderamount of such excess, for any non-cancellable Cost of the Work incurred by the Design/Builder prior to the date of the notice of such termination and not otherwise reimbursed. If the expense of completing the Work and all damages incurred by the Owner exceeds the unpaid balancebalance of the Contract Sum (GMP), the Design Design/Builder shall pay the difference to the Owner. This obligation for payment shall survive termination of this Part 2 Agreement.