Common use of TERMINATION OF CONSTRUCTION MANAGER SERVICES FOR CAUSE Clause in Contracts

TERMINATION OF CONSTRUCTION MANAGER SERVICES FOR CAUSE. The District may give seven (7) days written notice to Construction Manager of District’s intent to terminate the Construction Manager’s services under this Agreement for failure to satisfactorily perform or provide prompt, efficient or thorough service or Construction Manager’s failure to complete its services or otherwise comply with the terms of this Agreement. If after the expiration of such seven (7) days, Construction Manager fails to cure the performance as set forth in the District’s notice of intent to terminate the Construction Manager’s services, District may issue a notice of termination. At that time, Construction Manager’s services shall be terminated as set forth in District’s notice. In the event of termination due to a breach of this Agreement by Construction Manager, the compensation due Construction Manager upon termination shall be reduced by the amount of damages and liquidated damages sustained by District due to such breach. In the event a termination for cause is determined to have been made wrongfully or without cause, then the termination shall be treated as a termination for convenience in accordance with Article 5.3 below, and Construction Manager shall have no greater rights than it would have had if a termination for convenience had been effected in the first instance. No other loss, cost, damage, expense or liability may be claimed, requested or recovered by Construction Manager.

TERMINATION OF CONSTRUCTION MANAGER SERVICES FOR CAUSE. The District may give seven (7) days days’ written notice to Construction Manager of District’s intent to terminate the Construction Manager’s services under this Agreement for failure to satisfactorily perform or provide prompt, efficient or thorough service or Construction Manager’s failure to complete its services or otherwise comply with the terms of this Agreement. If after the expiration of such seven (7) days, Construction Manager fails to cure the performance as set forth in the District’s notice of intent to terminate the Construction Manager’s services, District may issue a notice of termination. At that time, Construction Manager’s services shall be terminated as set forth in District’s notice. In the event of termination due to a breach of this Agreement by Construction Manager, the compensation due Construction Manager upon termination shall be reduced by the amount of damages and liquidated damages sustained by District due to such breach. In the event a termination for cause is determined to have been made wrongfully or without cause, then the termination shall be treated as a termination for convenience in accordance with Article 5.3 below, and Construction Manager shall have no greater rights than it would have had if a termination for convenience had been effected in the first instance. No other loss, cost, damage, expense or liability may be claimed, requested or recovered by Construction Manager.