Cease and Desist Order. If the Construction Manager fails or refuses to perform or fails to correct defective Work as required, or persistently fails to carry out the Work in accordance with the Agreement, the County may, by written notice, order the Construction Manager to cease and desist in performing the Work or any portion of the Work until the cause for the order has been eliminated to the satisfaction of the County. Upon receipt of such instruction, the Construction Manager shall immediately cease and desist as instructed by the County and shall not proceed further until the cause for the County’s order has been corrected, no longer exists, or the County instructs that the Work may resume. 23.1.1 The Construction Manager shall not be entitled to an adjustment in the time for performance or the Construction Price under this clause since such stoppages are considered to be the fault of the Construction Manager. 23.1.2 The right of the County to stop Work will not give rise to a duty on the part of the County to exercise this right for the benefit of the Construction Manager or others. 23.1.3 In the event the County issues instructions to cease and desist, and in the further event that the Construction Manager fails and refuses with seven (7) calendar days to provide adequate assurance to the County that the cause of such instructions will be eliminated or corrected, then the County will have the right, but not the obligation, to carry out the Work in accordance with Paragraph 23.2 below, or any portion of the Work with its own forces, or with the forces of another contractor, and the Construction Manager will be responsible for the cost of performing such Work by the County. 23.1.4 The rights set forth in this Agreement are in addition to, and without prejudice to, any other rights or remedies the County may have against the Construction Manager.
Appears in 3 contracts
Sources: Construction Management Agreement, Construction Management Agreement, Construction Management Agreement