Termination for Cause by Owner. 24.1.1 The Owner may terminate this Agreement for cause if the General Contractor materially breaches this Agreement by:
(i) refusing, failing or being unable to properly manage or perform on any Project;
(ii) refusing, failing or being unable to supply the Project with sufficient numbers of workers, properly skilled workers, proper materials, or maintain applicable schedules;
(iii) refusing, failing or being unable to make prompt payment to subcontractors or suppliers;
(iv) disregarding laws, ordinances, rules, regulations or orders of any public authority or quasi-public authority having jurisdiction over the Project;
(v) refusing, failing or being unable to substantially perform in accordance with the terms of the Agreement as determined by the Owner’s Project Representative, or as otherwise defined elsewhere herein, or
(vi) refusing, failing or being unable to substantially perform in accordance with the terms of any other agreement between the Owner and General Contractor.
24.1.2 Upon the occurrence of any of the events described in Paragraph 24.1.1, the Owner’s Project Representative may give written notice to the General Contractor setting forth the nature of the default and requesting cure within seven calendar days from the date of notice. At any time thereafter, if the General Contractor fails to initiate the cure or if the General Contractor fails to expeditiously continue such cure until complete, the Owner may give written notice to the General Contractor of immediate termination, and the Owner, without prejudice to any other rights or remedies, may take any or all of the following actions:
(i) complete all or any part of the Work, including supplying workers, material and equipment which the Owner’s Project Representative deems expedient to complete the Work;
(ii) contract with others to complete all or any part of the Work, including supplying workers, material and equipment which the Owner’s Project Representative deems expedient to complete the Work;
(iii) take such other action as is necessary to correct such failure;
Termination for Cause by Owner. In the event Builder is in default of any of its covenants, duties or obligations hereunder and Builder fails to correct such default within a reasonable time given the nature of the covenant, duty or obligation in question (but no less than Thirty (30) days following written notice from Owner specifying in reasonable detail such default), Owner shall have the right, at its option, to terminate this Agreement for "cause" upon written notice to the Builder. In the event Owner terminates this Agreement for "
Termination for Cause by Owner. 24.1.1 The Owner may terminate this Contract for cause if the CM materially breaches this Contract by:
.1 refusing, failing or being unable to properly manage or perform on any Project;
.2 refusing, failing or being unable to supply the Project with sufficient numbers of workers, properly skilled workers, proper materials, or maintain applicable schedules;
.3 refusing, failing or being unable to make prompt payment to subcontractors or suppliers;
.4 disregarding laws, ordinances, rules, regulations or orders of any public authority or quasi-public authority having jurisdiction over the Project;
.5 refusing, failing or being unable to substantially perform in accordance with the terms of the Contract as determined by the Owner, or as otherwise defined elsewhere herein, or .6 refusing, failing or being unable to substantially perform in accordance with the terms of any other agreement between the Owner and CM.
24.1.2 Upon the occurrence of any of the events described in Paragraph 24.1.1, the Owner may give written notice to the CM setting forth the nature of the default and requesting cure within seven (7) calendar days from the date of notice. At any time thereafter, if the CM fails to initiate the cure or if the CM fails to expeditiously continue such cure until complete, the Owner may give written notice to the CM of immediate termination, and the Owner, without prejudice to any other rights or remedies, may take any or all of the following actions:
.1 complete all or any part of the Work, including supplying workers, material and equipment which the Owner deems expedient to complete the Work;
Termination for Cause by Owner. At the opinion solely of Owner, this Agreement shall terminate immediately upon written notice thereof given by Owner to Asset Manager if any of the following events shall happen:
(a) If Asset Manager shall violate any provision of this Agreement and, after notice of such violation, shall not cure such default within 30 days;
(b) If (i) Asset Manager shall be adjudged a bankrupt or insolvent by a court of competent jurisdiction, or (ii) an order shall be made by a court of competent jurisdiction (A) for the appointment of a receiver, liquidator or trustee of Asset Manager or of all or substantially all of its property by reason of the foregoing, or (B) approving any petition filed against Asset Manager for its reorganization, and such adjudication or order shall remain in force or unstayed for a period of 30 days; or
(c) If Asset Manager shall (i) institute proceedings for voluntary bankruptcy, (ii) file a petition seeking reorganization under the federal bankruptcy laws, or for relief under any law for the relief of debtors, (iii) consent to the appointment of a receiver of itself or of all or substantially all of its property, (iv) make a general assignment for the benefit of its creditors, or (v) admit in writing its inability to pay its debts generally as they become due.
Termination for Cause by Owner. This Agreement may be terminated by Owner upon written notice to the Contractor should Contractor fail substantially to perform a material obligation in accordance with the terms of the Contract Documents through no fault of the Owner. In the event Owner terminates for cause and it is later determined by a court of competent jurisdiction that such termination for cause was not justified, then in such event such termination for cause shall automatically be converted to a termination without cause pursuant to Section 14.2.
Termination for Cause by Owner. The Owner may terminate this Agreement for Cause in accordance with this Section 5.1. The term "Cause" shall mean that (i) Operator has breached the terms of this Agreement by committing any act or acts of bad faith, willful misconduct or gross negligence that have, individually or in the aggregate, had a material adverse effect on the business or operations of the Owner, taken as a whole; or (ii) Operator has breached this Agreement or failed to satisfy its obligations hereunder in any material respect and such breach or default was not cured within thirty (30) days of receipt of written notice from the Owner of such breach or default. However, if a longer period is actually necessary in order to cure the Cause, Operator must have commenced to cure the Cause and is diligently pursuing a cure for the Cause.
Termination for Cause by Owner. In the event that:
Termination for Cause by Owner. If Contractor fails to perform in accordance with this Contract, then Owner shall provide to Contractor a written notice listing deficiencies in Contractor’s performance. If Contractor fails to reasonably cure any noted deficiency within ______ days after Contractor receives notice of the deficiency, then Owner may terminate this Contract for cause by giving written notice of termination to Contractor. Any for-cause termination takes effect on the day that Owner sends notice of termination to Contractor. If Owner terminates this Contract for cause, Owner retains all rights of recovery afforded by law.
Termination for Cause by Owner. At the opinion solely of Owner, this Agreement shall terminate immediately upon written notice thereof given by Owner to Asset Manager if any of the following events shall happen:
(a) If Asset Manager shall violate any provision of this Agreement and, after notice of such violation, shall not cure such default within 30 days;
(b) If (i) Asset Manager shall be adjudged a bankrupt or insolvent by a court of competent jurisdiction, or (ii) an order shall be made by a court of competent jurisdiction (A) for the appointment of a receiver, liquidator or trustee of Asset Manager or of all or substantially all of its property by reason of the foregoing, or (B) approving any petition filed against Asset Manager for its reorganization, and such adjudication or order shall remain in force or unstayed for a period of 30 days; or
(c) If Asset Manager shall (i) institute proceedings for voluntary bankruptcy, (ii) file a petition seeking reorganization under the federal bankruptcy laws, or for relief under any law for the relief of debtors, (iii) consent to the appointment of a receiver of itself or of all or substantially all of its property, (iv) make a general assignment for the benefit of its creditors, or (v) admit in writing its inability to pay its debts generally as they become due. Asset Manager agrees that if any of the events specified in Subsections 9.3(b) or 9.3(c) of this Section shall happen, it will give written notice thereof to Owner within seven days after the happening of such event. In the event of a termination by Owner pursuant to Subsections 9.3(a), 9.3(b) or 9.3(c), Asset Manager shall be liable to Owner for damages at law and at equity, subject to terms and provisions of this Agreement, including, without limitation, Article 5 hereof.
Termination for Cause by Owner. If, through any cause, either the A/E fails to fulfill in a timely and proper manner its material obligations under this Agreement; or the A/E violates any of the material covenants, agreements, or stipulations of this Agreement; or the A/E becomes insolvent or the subject of any proceeding under bankruptcy, insolvency, or receivership law or makes an assignment for the benefit of creditors; or if the A/E’s Representative ceases to be personally involved with the Project, the Owner shall have the right (but not the obligation) to terminate this Agreement by giving written notice of such termination and specifying the effective date thereof at least seven (7) days after the notice, during which period the A/E shall have the right to cure the default. If the default is not cured by the termination date, the Owner shall have the right (but not the obligation) to take over performance of the Services and prosecute the same to completion, by contract or otherwise, and all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by or for the benefit of the A/E shall, at the option of the Owner, become the Owner’s property. These rights and remedies of the Owner are cumulative with and in addition to any other rights and remedies provided by law or this Agreement.
8.1.1. In the event that the Owner terminates for cause, the Owner shall be liable to the A/E for the A/E’s just and equitable compensation for any satisfactorily completed Services, but in no event shall this compensation exceed the percentage of total Services satisfactorily completed at the time of termination times the Maximum Compensation payable under this Agreement. The Owner may withhold any payments to the A/E for the purpose of setoff until such time as the exact amount of damages due the Owner from the A/E is determined. If the Owner purports to terminate all or a part of this insufficient cause existed, such termination shall be deemed to have been a termination for convenience by the Owner pursuant to Section 8.2, and the rights of the parties shall be determined accordingly.
