Termination Prior to Establishing Guaranteed Maximum Price. 10.1.1 Prior to execution by both parties of an Amendment No.1 establishing the Guaranteed Maximum Price, the Owner reserves the right, at its discretion and without cause, to may terminate this Contract at any time, and the Construction Manager may terminate this Contract for any of the reasons described in Subparagraph 14.1.1
Termination Prior to Establishing Guaranteed Maximum Price. 11.3.1 Prior to the execution of the GMP Proposal, County may terminate this Contract upon not less than seven (7) calendar days written notice to XXXX for County's convenience and without cause, and XXXX may terminate this Contract, upon not less than seven (7) calendar days written notice to County, for the reasons set forth in the UGCs.
11.3.2 In the event of termination of this Contract pursuant to Paragraph 11.3.1, XXXX shall be equitably compensated for Preconstruction Phase services based on the services actually performed in relation to the payment schedule set forth in Paragraph 6.2.1. In no event shall XXXX'x compensation under this Article exceed the compensation set forth in Section 6.2.
11.3.3 If County terminates this Contract pursuant to Paragraph 11.3.1 after the commencement of the Construction Phase but prior to the execution of the GMP Proposal, County shall pay to XXXX an amount calculated as follows, which amount shall be in addition to any compensation paid to XXXX under Paragraph 11.3.2: .1 Take the Cost of the Work incurred by XXXX to the date of termination;
Termination Prior to Establishing Guaranteed Maximum Price. Prior to execution by both parties of Amendment No. 1 establishing the Guaranteed Maximum Price, the City may terminate this Contract at any time without cause, and the Construction Manager may terminate this Contract for any of the reasons descri...
Termination Prior to Establishing Guaranteed Maximum Price. 11.3.1 Prior to the execution of the GMP Proposal, County may terminate this Contract upon not less than seven (7) calendar days written notice to XXXX for County's convenience and without cause, and XXXX may terminate this Contract, upon not less than seven (7) calendar days written notice to County, for the reasons set forth in the UGCs.
11.3.2 In the event of termination of this Contract pursuant to Paragraph 11.3.1, XXXX shall be equitably compensated for Preconstruction Phase services based on the services actually performed in relation to the payment schedule set forth in Paragraph 6.
2.1. In no event shall XXXX'x compensation under this Article exceed the compensation set forth in Section 6.2.
11.3.3 If County terminates this Contract pursuant to Paragraph 11.3.1 after the commencement of the Construction Phase but prior to the execution of the GMP Proposal, County shall pay to XXXX an amount calculated as follows, which amount shall be in addition to any compensation paid to XXXX under Paragraph 11.3.2:
.1 Take the Cost of the Work incurred by CMAR to the date of termination; 12/12/2024 CMF - Fleet Addition
.2 Add XXXX'x Fee computed upon the Cost of the Work to the date of termination at the rate stated in Section 6.1 or, if XXXX'x Fee is stated as a fixed sum in that Section, an amount that bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; and
.3 Subtract the aggregate of previous payments made by County for Construction Phase services.
11.3.4 County shall pay CMAR fair compensation, either by purchase or rental at the election of County, for any equipment owned by CMAR which County elects to retain and which is not otherwise included in the Cost of the Work under Subparagraph 11.
3.3.1. To the extent that County elects to take legal assignment of subcontracts and purchase orders (including rental agreements), CMAR shall, as a condition of receiving the payments referred to in this Section, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of CMAR, as County may require for the purpose of fully vesting in County the rights and benefits of CMAR under such subcontracts or purchase orders. All Subcontracts, purchase orders and rental agreements entered into by CMAR will contain provisions allowing for assignment to County as describ...
Termination Prior to Establishing Guaranteed Maximum Price. 1. Prior to execution by both parties of the Amendment, (a) the Owner may terminate the Contract at any time without cause, and (b) the Contractor may terminate the Contract if, through no act or fault of Contractor or anyone employed by or acting through Contractor, Owner, without justification under the provisions of this Agreement, orders the Work to be stopped for a period in excess of ninety (90) consecutive days.
2. If the Owner or Contractor terminates the Contract pursuant to Paragraph XIV.A.1 prior to commencement of the Construction Phase, the Contractor shall be equitably compensated for Preconstruction Phase services properly performed prior to receipt of notice of termination; provided, however, that the compensation for such services shall not exceed the compensation set forth in Paragraph II.A above.
3. If the Owner or Contractor terminates the Contract pursuant to Paragraph XIV.A.1 after commencement of the Construction Phase, the Contractor shall, in addition to the compensation set forth in Paragraph XIV.A.2 above, be paid an amount calculated as follows:
(a) Take the Cost of the Work for Work satisfactorily completed to the date of termination.
(b) Add the Contractor’s Fee computed upon the Cost of the Work for Work satisfactorily completed to the date of termination at the rate stated in Paragraph IV.C above.
(c) Subtract the aggregate of previous payments made by the Owner on account of the Construction Phase. To the extent that Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements) Contractor shall, as a condition of receiving the payments referred to herein, execute and deliver all such assignment documentation and take all such steps as Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Contractor under such subcontracts or purchase orders, and the same shall be a condition precedent to Contractor’s receipt of any additional payments that may be required hereunder. Subcontracts, purchase orders and rental agreements entered into by the Contractor shall contain provisions permitting assignment to the Owner as described herein. In connection with any such assignment, Owner shall not assume any obligation of Contractor to the Subcontractor incurred prior to the Owner’s termination of the Contract. If the Owner elects not to accept the assignment of any such subcontract, purchase order or rental agreement, the Contractor shall terminate such sub...
Termination Prior to Establishing Guaranteed Maximum Price. 10.1.1 Prior to execution by both parties of Amendment No. 1 establishing the GMP, the Owner may terminate this Contract at any time without cause, and the Construction Manager may terminate this Contract for any of the reasons described in Attachment 1.
10.1.2 If the Owner or Construction Manager terminates this Contract pursuant to this part 10.1 prior to commencement of the Construction Phase, the Construction Manager shall be equitably compensated for Preconstruction Phase services performed prior to receipt of notice of termination; provided, however, that the compensation for such services shall not exceed the compensation set forth in Subparagraph 4.1.1.
10.1.3 If the Owner or Construction Manager terminates this Contract pursuant to this part 10.1 after commencement of the Construction Phase, the Construction Manager shall, in addition to the compensation provided in Subparagraph 10.1.2, be paid an amount calculated as follows:
Termination Prior to Establishing Guaranteed Maximum Price. 10.1.1 Prior to execution by both parties of Guaranteed Maximum Price Amendment establishing the Guaranteed Maximum Price, the Owner may terminate this Contract at any time without cause, and the Construction Manager may terminate this Contract for any of the reasons described in Subparagraph 14.1.1
Termination Prior to Establishing Guaranteed Maximum Price. 12.3.1 Prior to the execution of the GMP Proposal, County may terminate this Contract upon not less than seven (7) calendar days written notice to XXXX for County's convenience and without cause, and XXXX may terminate this Contract, upon not less than seven (7) calendar days written notice to County, for the reasons set forth in the UGCs.
Termination Prior to Establishing Guaranteed Maximum Price
