Common use of Wrongful Exercise Clause in Contracts

Wrongful Exercise. If it is determined or agreed that the Contractor wrongfully exercised any option under this Article, the Contractor shall be liable to the Subcontractor solely for the reasonable value of Subcontract Work performed by the Subcontractor prior to such action, including reasonable overhead and profit on the Subcontract Work performed, less prior payments made. Under no circumstances shall the Subcontractor be entitled to recovery of claimed lost future profits.

Appears in 5 contracts

Samples: Master Subcontract Agreement, Subcontract Agreement, Subcontract Agreement

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Wrongful Exercise. If it is determined or agreed that the Contractor wrongfully exercised any option under this Article, the Contractor shall be liable to the Subcontractor solely for the reasonable value of Subcontract Work performed by the Subcontractor prior to such action, including reasonable overhead and profit on the Subcontract Work performed, less prior payments made. Under no circumstances shall the Subcontractor be entitled to recovery of of, and Subcontractor hereby waives, claimed lost future profits.

Appears in 2 contracts

Samples: Florida Master Subcontract Agreement, Florida Master Subcontract Agreement

Wrongful Exercise. If it is determined or agreed that the Contractor wrongfully exercised any option under this Article, the Contractor shall be liable to the Subcontractor solely for the reasonable value of Subcontract Work performed by the Subcontractor prior to such action, including reasonable overhead and profit on the Subcontract Work performed, less prior payments made. Under no circumstances shall the Subcontractor be entitled to recovery of of, and Subcontractor xxxxxx xxxxxx, claimed lost future profits.

Appears in 2 contracts

Samples: Florida Master Subcontract Agreement, Florida Master Subcontract Agreement

Wrongful Exercise. If it is determined or agreed that the Contractor wrongfully exercised exercises any option under this Article, the Contractor shall be liable to the Subcontractor solely for the reasonable value of Subcontract Work work performed by the Subcontractor prior to such the Contractor’s wrongful action, including reasonable overhead and profit on the Subcontract Work performed, less prior payments made. Under no circumstances shall the Subcontractor be entitled to recovery of claimed lost future profits, and attorney’s fees.

Appears in 1 contract

Samples: Subcontract Agreement

Wrongful Exercise. If it is determined or agreed that the Contractor wrongfully exercised any option under this Article, the Contractor shall be liable to the Subcontractor solely for the reasonable reason- able value of Subcontract Work performed by the Subcontractor prior to such action, including reasonable overhead and profit on the Subcontract Sub- contract Work performed, less prior payments made. Under no circumstances cir- cumstances shall the Subcontractor be entitled to recovery of claimed lost future profits.

Appears in 1 contract

Samples: Subcontract Agreement

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Wrongful Exercise. If it is determined or agreed that the Contractor wrongfully exercised any option under this Articleparagraph, the Contractor shall be liable to the Subcontractor solely for the reasonable value of Subcontract the Work performed by the Subcontractor prior to such action, including reasonable overhead and profit on the Subcontract Work performed, less prior payments made. Under no circumstances shall the Subcontractor be entitled to recovery of claimed lost future profits.

Appears in 1 contract

Samples: Subcontract Agreement

Wrongful Exercise. If it is determined or agreed that the Contractor wrongfully exercised exercises any option under this Article, the Contractor shall be liable to the Subcontractor solely for the reasonable value of Subcontract Work performed by the Subcontractor prior to such Contractor’s wrongful action, including reasonable overhead and profit on the Subcontract Work performedcompleted Work, and reasonable closeout costs, less prior payments made. Under no circumstances shall the Subcontractor be entitled to recovery of claimed lost future profits.

Appears in 1 contract

Samples: kerrcontractors.com

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