Failure to Accept the GMP Proposal Sample Clauses

Failure to Accept the GMP Proposal. If Owner rejects a GMP Proposal, or fails to notify ▇▇▇▇ in writing on or before the date specified in the GMP Proposal that it accepts the GMP Proposal, the GMP Proposal shall be deemed withdrawn and of no effect. In such event, Owner and ▇▇▇▇ shall meet and confer as to how the Project will proceed, with Owner having the following options: 6.6.1.4.1 Owner may suggest modifications to the GMP Proposal, whereupon, if such modifications are accepted in writing by ▇▇▇▇, the GMP Proposal shall be deemed accepted and the parties shall proceed in accordance with Section 6.6.1.3 above; 6.6.1.4.2 Owner may terminate this Agreement for convenience in accordance with Article 8 herein; provided, however, in this event, ▇▇▇▇ shall not be entitled to the payment provided for in Section 8.1 herein. 6.6.1.4.3 Owner may authorize and direct, in writing, the ▇▇▇▇ to proceed with the Work on the basis of reimbursement as provided in Article 6 for ▇▇▇▇’▇ fee and Cost of Work hereof without a GMP, and in such an event all references in this agreement to the GMP shall not be applicable.
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Failure to Accept the GMP Proposal. If Owner rejects the GMP Proposal, or fails to notify Design-Builder in writing on or before the date specified in the GMP Proposal that it accepts the GMP Proposal, the GMP Proposal shall be deemed withdrawn and of no effect. In such event, Owner and Design-Builder shall meet and confer as to how the Project will proceed, with Owner having the following options: 5.8.2.3.1 Owner may suggest modifications to the GMP Proposal, whereupon, if such modifications are accepted in writing by Design-Builder, the GMP Proposal shall be deemed accepted and the Parties shall proceed in accordance with Section 5.8.2.2; or 5.8.2.3.2 Owner may terminate this Agreement for convenience in accordance with Article 16; provided, however, in this event, Design-Builder shall not be entitled to the payment provided for in Article 16.
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Failure to Accept the GMP Proposal. Unless the Owner accepts the GMP Proposal in writing on or before the date specified in the GMP Proposal for such acceptance and so notifies the CM, the GMP Proposal shall not be effective. If the Owner fails to accept the Task GMP Proposal, or rejects the Task GMP Proposal, the Owner shall have the right to:
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Failure to Accept the GMP Proposal. If Owner rejects the GMP Proposal for the entire Work or any Work Package (which it may do in its sole discretion), or fails to notify CM in writing within thirty (30) calendar days of receipt of the GMP Proposal that it accepts the GMP Proposal, the GMP Proposal shall be deemed withdrawn and of no effect. In such event, Owner and CM shall meet and confer as to how the Project will proceed, with Owner having the following options, the selection of which option Owner may make in its sole discretion: .1 Owner may suggest modifications to the GMP Proposal and consider CM's additional VEP and other suggestions for cost reduction, whereupon, if such modifications are accepted in writing by Owner and CM, the GMP Proposal shall be deemed accepted and the Parties shall proceed in accordance with Section .2 Owner may authorize and direct, in writing, the CM to proceed with the specified Work on the basis of reimbursement as provided in Sections 7.2 (CM Fee) and 7.3 (Cost of Work) hereof without a GMP, in which case all references in this Agreement to the GMP will not be applicable; or .3 Owner may terminate this Agreement or the portion thereof relating to the Work Package for convenience in accordance with the Contract Documents; provided, in such event, CM will be entitled to the payment as provided in the Contract Documents for termination for convenience.
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Failure to Accept the GMP Proposal. Unless Owner accepts the GMP Proposal in writing on or before the date specified in the GMP Proposal for such acceptance and so notifies Private Entity, the GMP Proposal shall not be effective. If Owner fails to accept the GMP Proposal, or rejects the GMP Proposal, Owner shall have the right to: 2.7.5.1 Request modifications to the GMP Proposal. If such modifications are accepted in writing by Private Entity, the GMP Proposal shall be deemed accepted in accordance with §2.7.4; 2.7.5.2 Direct Private Entity to proceed on the basis of reimbursement as provided in ARTICLE 7 and ARTICLE 8 without a GMP, in which case all references in this Agreement to the GMP shall not be applicable; or
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Failure to Accept the GMP Proposal. If the District rejects the GMP Proposal, or fails to notify Design-Builder in writing on or before the date specified in the GMP Proposal that it accepts the GMP Proposal, the GMP Proposal shall be deemed withdrawn and of no effect. In such event, the District and Design-Builder shall meet and confer as to how the Project will proceed, with the District having the following options: 4.3.4.1 The District may suggest modifications to the GMP Proposal, whereupon, if such modifications are accepted in writing by Design-Builder, the GMP Proposal shall be deemed accepted and the parties shall proceed in accordance with paragraph 4.3.3, Acceptance of GMP Proposal, above; 4.3.4.2 The District may authorize Design-Builder to continue to proceed with the design Services on the basis of reimbursement to complete the design to 100 percent in order that the District bid the Work through the competitive bidding process without a GMP, in which case all references in this Agreement to the GMP shall not be applicable; or 4.3.4.3 District may terminate this Agreement for convenience; provided, however, in this event, Design-Builder shall not be entitled to the payment, except for actual and verifiable costs expended as of the date of termination.
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Failure to Accept the GMP Proposal. If Owner/DES rejects the GMP Proposal, Owner/DES and Design-Builder shall meet and confer as to how the Project will proceed, with Owner/DES having the following options: a. Owner/DES may suggest modifications to the GMP Proposal, whereupon, if such modifications are accepted in writing by Design-Builder, the GMP Proposal shall be deemed accepted and the Parties shall proceed in accordance with Section 6.8.2.2; or b. Owner/DES may terminate this Contract for convenience in accordance with Article 11; provided, however, in this event, this Contract will be terminated and Design- Builder will be paid the reasonable value of its documented services to the date of termination and will not be entitled to any other compensation, damages, loss of profits or payment of any other kind.
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Failure to Accept the GMP Proposal. 3.16.1 Unless Owner accepts the GMP Proposal in writing on or before the date specified in the GMP Proposal and so notifies the Construction Manager, the GMP Proposal shall not be effective. If Owner fails to accept the GMP Proposal, or rejects the GMP Proposal, Owner shall have the right to: 3.16.1.1 suggest modifications to the GMP Proposal. If modifications are accepted in writing by the Construction Manager, the GMP Proposal shall be deemed accepted in accordance with 3.5.8. 3.16.1.2 direct the Construction Manager to proceed on the basis of reimbursement as provided in 3.5 and 3.6 without a GMP, in which case all references in this Agreement to the GMP shall not be applicable; or 3.16.1.3 terminate the Agreement for convenience in accordance with 14.4. In absence of a GMP, the Parties may establish a Date of Substantial Completion or a Date of Final Completion.
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Related to Failure to Accept the GMP Proposal

  • Alternative Proposals Prior to the Effective Date, the Company agrees (a) that neither it nor any of its Subsidiaries shall, and it and they shall direct and use its and their best efforts to cause its and their respective officers, directors, employees, agents and representatives (including, without limitation, any investment banker, attorney or accountant retained by it or any of its Subsidiaries) not to, initiate, solicit or encourage, directly or indirectly, any inquiries or the making or implementation of any proposal or offer (including, without limitation, any proposal or offer to its stockholders) with respect to a merger, acquisition, consolidation or similar transaction involving, or any purchase of all or any significant portion of the assets or any equity securities of, the Company or any of its Subsidiaries (any such proposal or offer made prior to the termination of this Agreement (and any subsequent amended proposal or offer made by the same or an affiliated party) being hereinafter referred to as an "Alternative Proposal") or engage in any negotiations concerning, or provide any confidential information or data to, or have any discussions with, any person relating to an Alternative Proposal, or release any third party from any obligations under any existing standstill agreement or arrangement relating to any Alternative Proposal, or otherwise facilitate any effort or attempt to make or implement an Alternative Proposal; (b) that it will immediately cease and cause to be terminated any existing activities, discussions or negotiations with any parties conducted heretofore with respect to any of the foregoing, and it will take the necessary steps to inform the individuals or entities referred to above of the obligations undertaken in this Section 8.9; and (c) that it will notify Parent immediately if any such inquiries or proposals are received by, any such information is requested from, or any such negotiations or discussions are sought to be initiated or continued with, it; provided, however, that nothing contained in this Section 8.9 shall prohibit the Board of Directors of the Company from (i) furnishing information to or entering into discussions or negotiations with, any person or entity that makes or proposes to make an unsolicited bona fide proposal to acquire the Company pursuant to a merger, consolidation, share exchange, purchase of a substantial portion of assets, business combination or other similar transaction, if, and only to the extent that, (A) the Board of Directors of the Company determines in good faith that such action is required for the Board of Directors to comply with its fiduciary duties to stockholders imposed by law, (B) prior to furnishing such information to, or entering into discussions or negotiations with, such person or entity, the Company provides written 37 43 notice to Parent to the effect that it is furnishing information to, or entering into discussions or negotiations with, such person or entity and (C) the Company keeps Parent promptly informed of the status and all material terms and conditions of any such discussions or negotiations (including identities of parties); and (ii) to the extent applicable, complying with Rule 14e-2 promulgated under the Exchange Act with regard to an Alternative Proposal. Nothing in this Section 8.9 shall (x) permit the Company to terminate this Agreement (except as specifically provided in Article X hereof), (y) permit the Company to enter into any agreement with respect to an Alternative Proposal during the term of this Agreement (it being agreed that during the term of this Agreement, the Company shall not enter into any agreement with any person that provides for, or in any way facilitates, an Alternative Proposal), or (z) affect any other obligation of the Company under this Agreement.