Common use of Termination for Cause by Owner Clause in Contracts

Termination for Cause by Owner. 24.1.1 The Owner may terminate this Agreement for cause if the 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 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 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 Contractor fails to initiate the cure or if the Contractor fails to expeditiously continue such cure until complete, the Owner may give written notice to the 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. 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. 24.1.1 22.1.1 The Owner may terminate this Agreement Contract For Construction for cause if the General Contractor materially breaches this Agreement Contract For Construction 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 Contract For Construction 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 22.1.2 Upon the occurrence of any of the events described in Paragraph 24.1.122.1.1, the Owner’s Project Representative Owner may give written notice to the General Contractor 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 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 Owner 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 Owner deems expedient to complete the Work; (iii) take such other action as is necessary to correct such failure; (iv) take possession of all materials, tools, construction equipment and machinery on the Site owned or leased by the General Contractor; (v) directly pay the General Contractor’s subcontractors and suppliers compensation due to them from the General Contractor; (vi) finish the Work by whatever method the Owner may deem expedient; and (vii) require the General Contractor to assign the General Contractor’s right, title and interest in any or all of General Contractor’s subcontracts or orders to the Owner. 22.1.3 If the Owner terminates this Contract For Construction for cause, and it is subsequently determined by a court of competent jurisdiction that such termination was without cause, then in such event, said termination shall be deemed a termination for convenience as set forth in Paragraph 22.3.

Termination for Cause by Owner. 24.1.1 The Owner may terminate this Agreement Contract for Construction Management or a phase thereof for cause if the Contractor Construction Manager materially breaches this Agreement Contract for Construction Management by: (i) refusingRefusing, failing or being unable to properly manage or perform on any Project; (ii) refusingRefusing, failing or being unable to supply the Project with sufficient numbers of workers, properly skilled workers, proper materials, or maintain applicable schedules; (iii) refusingRefusing, failing or being unable to make prompt payment to subcontractors or suppliers; (iv) disregarding Disregarding laws, ordinances, rules, regulations or orders of any public authority or quasi-public authority having jurisdiction over the Project; (v) refusingRefusing, failing or being unable to substantially perform in accordance with the terms of the Agreement Contract for Construction Management as determined by the Owner’s Project Representative, or as otherwise defined elsewhere herein, ; or (vi) refusingRefusing, failing or being unable to substantially perform in accordance with the terms of any other agreement between the Owner and ContractorConstruction Manager. 24.1.2 Upon the occurrence of any of the events described in Paragraph 24.1.1, the Owner’s Project Representative Owner may give written notice to the Contractor Construction Manager 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 Contractor Construction Manager fails to initiate the cure or if the Contractor Construction Manager fails to expeditiously continue such cure until complete, the Owner may give another written notice requiring the default be cured within three (3) calendar days, and if not cured the Owner may notify the Construction Manager in writing of its intent to the Contractor of immediate terminationimmediately terminate this Contract for Construction Management, and the Owner, without prejudice to any other rights or remedies, may take any or all of the following actions: (i) complete Complete all or any part of the Work, including supplying workers, material and equipment which the Owner’s Project Representative Owner deems expedient to complete the Work; (ii) contract Contract with others to complete all or any part of the Work, including supplying workers, material and equipment which the Owner’s Project Representative Owner deems expedient to complete the Work; (iii) take Take such other action as is necessary to correct such failure; (iv) Take possession of all materials, tools, construction equipment and machinery on the Site owned or leased by the Construction Manager; (v) Directly pay the Construction Manager’s subcontractors and suppliers compensation due to them from the Construction Manager; (vi) Finish the Work by whatever method the Owner may deem expedient; and (vii) Require the Construction Manager to assign the Construction Manager’s right, title and interest in any or all of Construction Manager’s subcontracts or orders to the Owner. 24.1.3 If the Owner terminates the Contract for Construction Management for cause, and the Owner takes possession of all materials, tools, construction equipment and machinery on the Site owned or leased by the Construction Manager, the Construction Manager’s compensation shall be increased by fair payment, either by purchase or rental at the election of the Owner, for any materials, tools, construction equipment and machinery items retained, subject to the Owner’s right to recover from the Construction Manager the Owner’s damages resulting from the termination. 24.1.4 If the Owner terminates this Contract for Construction Management for cause, and it is subsequently determined by a court of competent jurisdiction that such termination was without cause, then in such event, said termination shall be deemed a termination for convenience as set forth in Paragraph 24.3.

Termination for Cause by Owner. 24.1.1 11.1.1 The Owner may terminate this Contract and/or the GMP Agreement for cause if the Contractor Construction Manager materially breaches this the Contract/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 materials to 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 this Contract and/or GMP Agreement as determined by the Owner’s Project Representative, or as otherwise defined elsewhere herein, therein; or (vi) refusing, failing or being unable to substantially perform in accordance with the terms of any other agreement contract between the Owner and ContractorConstruction Manager. 24.1.2 11.1.2 Upon the occurrence of any of the events described in Paragraph 24.1.111.1.1, the Owner’s Project Representative Owner may give written notice to the Contractor Construction Manager 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 Contractor Construction Manager fails to initiate the cure or if the Contractor Construction Manager fails to expeditiously continue such cure until complete, the Owner may give written notice to the Contractor Construction Manager 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 Owner 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 Owner deems expedient to complete the Work; (iii) take such other action as is necessary to correct such failure;

Termination for Cause by Owner. 24.1.1 22.1.1 The Owner may terminate this Agreement the Contract for Construction for cause if the Contractor Builder materially breaches this Agreement the Contract for Construction by: (i) refusing, failing failing, or being unable to properly manage or perform on any Project; (ii) refusing, failing failing, or being unable to supply the Project with sufficient numbers of workers, properly skilled workers, proper materials, or materials to maintain applicable schedules; (iii) refusing, failing failing, or being unable to make prompt payment to subcontractors or suppliers; (iv) disregarding laws, ordinances, rules, regulations regulations, or orders of any public authority or quasi-public authority having jurisdiction over the Projectauthorities or Authorities Having Jurisdiction; (v) refusing, failing failing, or being unable to substantially perform in accordance with the terms of the Agreement Contract for Construction as determined by the Owner’s Project Representative, or as otherwise defined elsewhere herein, ; or (vi) refusing, failing failing, or being unable to substantially perform in accordance with the terms of any other agreement between the Owner and ContractorBuilder. 24.1.2 22.1.2 Upon the occurrence of any of the events described in Paragraph 24.1.122.1.1, the Owner’s Project Representative Owner may give written notice to the Contractor Builder setting forth the nature of the default and requesting cure within seven calendar days from the date of notice. At any time thereafterafter issuance of such notice, if the Contractor Builder fails to initiate the cure or if the Contractor Builder fails to expeditiously continue such cure until complete, the Owner may give written notice to the Contractor Builder 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 Owner deems expedient to complete the Work; (ii) contract with others to complete all or any part of the Work, including supplying workers, material material, and equipment which the Owner’s Project Representative Owner deems expedient to complete the Work; (iii) take such other action as is necessary to correct such failure;

Termination for Cause by Owner. 24.1.1 16.1.1 The Owner may terminate this Agreement for cause if the Contractor Construction Manager materially breaches this Agreement by: (i) refusing, failing or being unable to properly manage or perform on any Work or portion of Work on the 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 ContractorConstruction Manager. 24.1.2 16.1.2 Upon the occurrence of any of the events described in Paragraph 24.1.1Section 17.1.1, the Owner’s Project Representative Owner may give written notice to the Contractor Construction Manager 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 Contractor Construction Manager fails to initiate the cure or if the Contractor Construction Manager fails to expeditiously continue such cure until complete, the Owner may give written notice to the Contractor Construction Manager 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 Owner 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 Owner deems expedient to complete the Work; (iii) take such other action as is necessary to correct such failure; (iv) take possession of all materials, tools, construction equipment and machinery on the Site owned or leased by the Construction Manager; (v) directly pay the Construction Manager’s subcontractors and suppliers compensation due to them from the Construction Manager; (vi) finish the Work by whatever method the Owner may deem expedient; and (vii) require the Construction Manager to assign the Construction Manager’s right, title and interest in any or all of Construction Manager’s subcontracts or orders to the Owner. 16.1.3 If the Owner terminates the Agreement for cause, and the Owner takes possession of all materials, tools, construction equipment and machinery on the Site owned or leased by the Construction Manager, the Construction Manager’s compensation shall be increased by fair payment, either by purchase or rental at the election of the Owner, for any materials, tools, construction equipment and machinery items retained, subject to the Owner’s right to recover from the Construction Manager the Owner’s damages resulting from the termination. 16.1.4 If the Owner terminates this Agreement for cause, and it is subsequently determined by a court of competent jurisdiction that such termination was without cause, then in such event, said termination shall be deemed a termination for convenience as set forth in Section 16.3.

Termination for Cause by Owner. 24.1.1 22.1.1 The Owner may terminate this Agreement Contract For Construction for cause if the General Contractor materially breaches this Agreement Contract For Construction 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 Contract For Construction 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 22.1.2 Upon the occurrence of any of the events described in Paragraph 24.1.122.1.1, the Owner’s Project Representative Owner may give written notice to the General Contractor 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 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 Owner 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 Owner deems expedient to complete the Work; (iii) take such other action as is necessary to correct such failure; (iv) take possession of all materials, tools, construction equipment and machinery on the Site owned or leased by the General Contractor; (v) directly pay the General Contractor‟s subcontractors and suppliers compensation due to them from the General Contractor; (vi) finish the Work by whatever method the Owner may deem expedient; and (vii) require the General Contractor to assign the General Contractor‟s right, title and interest in any or all of General Contractor‟s subcontracts or orders to the Owner. 22.1.3 If the Owner terminates this Contract For Construction for cause, and it is subsequently determined by a court of competent jurisdiction that such termination was without cause, then in such event, said termination shall be deemed a termination for convenience as set forth in Paragraph 22.3.