Common use of Termination for Cause by Owner Clause in Contracts

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;

Appears in 2 contracts

Samples: Contract Between Owner and Construction Manager, Contract Between Owner and Construction Manager

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Termination for Cause by Owner. 24.1.1 The Owner may terminate this Contract for cause if the CM DB 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 CMDB. 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 DB 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 DB fails to initiate the cure or if the CM DB fails to expeditiously continue such cure until complete, the Owner may give written notice to the CM DB 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;

Appears in 2 contracts

Samples: Contract Between Owner and Design / Builder for Design and Construction Services, Contract Between Owner and Design / Builder for Design and Construction Services

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Termination for Cause by Owner. 24.1.1 The Owner may terminate this Contract for cause if the CM DB 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 CMDB. 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 DB 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 DB fails to initiate the cure or if the CM DB fails to expeditiously continue such cure until complete, the Owner may give written notice to the CM DB 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;

Appears in 1 contract

Samples: Contract Between Owner and Design / Builder for Design and Construction Services

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