Common use of Termination for Convenience of Owner Clause in Contracts

Termination for Convenience of Owner. Notwithstanding any other provision of the Contract, Owner may at any time and without cause terminate the Contract, in whole or in part, upon not less than 30 days written notice to the XXXX. Such termination shall be effected by delivery of a Notice of Termination to XXXX specifying the effective date of the termination, whether the Contract shall be terminated in whole or in part, and, if applicable, the portion of work to be terminated. XXXX shall immediately stop work in accordance with the Notice of Termination and comply with any other direction as may be specified in the Notice of Termination or as provided subsequently by Owner. Owner shall pay XXXX for the work completed and accepted by Owner prior to the effective date of the termination, and such payment shall be XXXX’x sole remedy. Under no circumstances will XXXX be entitled to anticipatory or unearned profits, consequential damages, or other damages of any sort as a result of a termination in whole or in part under this provision. XXXX shall insert in all subcontracts that the Subcontractors shall stop work on the date of and, if applicable, the portion of work to be terminated in a Notice of Termination and shall require Subcontractors to insert the same condition in any lower tier subcontracts.

Appears in 5 contracts

Samples: Construction Services Contract, Construction Contract, Construction Manager at Risk Construction Agreement

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Termination for Convenience of Owner. Notwithstanding any other provision of the Contract, Owner may at any time and without cause terminate the Contract, in whole or in part, upon not less than 30 days written notice to the XXXXD-BE. Such termination shall be effected by delivery of a Notice of Termination to XXXX D-BE specifying the effective date of the termination, whether the Contract shall be terminated in whole or in part, and, if applicable, the portion of work to be terminated. XXXX D-BE shall immediately stop work in accordance with the Notice of Termination and comply with any other direction as may be specified in the Notice of Termination or as provided subsequently by Owner. Owner shall pay XXXX D-BE for the work completed and accepted by Owner prior to the effective date of the termination, and such payment shall be XXXX’x D-BE’s sole remedy. Under no circumstances will XXXX D-BE be entitled to anticipatory or unearned profits, consequential damages, or other damages of any sort as a result of a termination in whole or in part under this provision. XXXX D-BE shall insert in all subcontracts that the Subcontractors shall stop work on the date of and, if applicable, the portion of work to be terminated in a Notice of Termination and shall require Subcontractors to insert the same condition in any lower tier subcontracts.

Appears in 1 contract

Samples: Design and Construction Agreement

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Termination for Convenience of Owner. Notwithstanding any other provision of the Contract, Owner OWNER may at any time and without cause terminate the Contract, in whole or in part, upon not less than 30 days written notice to the XXXXD-BE. Such termination shall be effected affected by delivery of a Notice of Termination to XXXX D-BE specifying the effective date of the termination, whether the Contract shall be terminated in whole or in part, and, if applicable, the portion of work to be terminated. XXXX D-BE shall immediately stop work in accordance with the Notice of Termination and comply with any other direction as may be specified in the Notice of Termination or as provided subsequently by OwnerOWNER. Owner OWNER shall pay XXXX D-BE for the work completed and accepted by Owner OWNER prior to the effective date of the termination, and such payment shall be XXXX’x D-BE’s sole remedy. Under no circumstances will XXXX D-BE be entitled to anticipatory or unearned profits, consequential damages, or other damages of any sort as a result of a termination in whole or in part under this provision. XXXX D-BE shall insert in all subcontracts that the Subcontractors shall stop work on the date of and, if applicable, the portion of work to be terminated in a Notice of Termination and shall require Subcontractors to insert the same condition in any lower tier subcontracts.

Appears in 1 contract

Samples: Design Build Construction Contract

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