Common use of Failure to Accept the GMP Proposal Clause in Contracts

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on or before the date specified in the GMP Proposal that it accepts the GMP Proposal, the GMP Proposal shall be deemed withdrawn and of no effect.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.

Appears in 2 contracts

Sources: Construction Manager at Risk Agreement, Construction Manager at Risk Agreement

Failure to Accept the GMP Proposal. If Owner rejects a 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on or before the date specified in the GMP Proposal that it accepts the GMP Proposal, the GMP Proposal shall be deemed withdrawn and of no effect.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: 6.6.1.4.1 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 6.6.1.3 2.2.3 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 2. Owner may authorize and direct, in writing, the ▇▇▇▇ Design-Builder to continue to proceed with the Work on the basis of reimbursement as provided in Article 6 for ▇▇▇▇▇▇fee and Cost ▇, ▇▇▇▇▇ ▇, of Work hereof Exhibit B, Compensation, without a GMP, and in such an event which case all references in this agreement Agreement to the GMP shall not be applicable; or 3. Owner may terminate this Agreement for convenience in accordance with GC 9.2 (“Termination for Convenience”).

Appears in 1 contract

Sources: Design Build Agreement

Failure to Accept the GMP Proposal. If Owner rejects a 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: 6.6.1.4.1 6.6.2.4.1 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 6.6.1.3 6.6.2.3 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 6.6.2.4.2 Owner may authorize and direct, in writing, the ▇▇▇▇ Design-Builder to continue to proceed with the Work on the basis of reimbursement as provided in Article 6 for ▇▇▇▇’▇ fee and Cost of Work Section 6.1 hereof without a GMP, and in such an event which case all references in this agreement Agreement to the GMP shall not be applicable; or 6.6.2.4.3 Owner may terminate this Agreement for convenience in accordance with Article 8 hereof; provided, however, in this event, Design-Builder shall not be entitled to the payment provided for in Section 8.2 hereof. (i) continue with the Work as if Owner had elected to proceed in accordance with Item

Appears in 1 contract

Sources: Standard Form of Agreement Between Owner and Design Builder Cost Plus Fee With an Option for a Guaranteed Maximum Price

Failure to Accept the GMP Proposal. If Owner rejects a 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: 6.6.1.4.1 .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 6.6.1.3 2.2.3 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 .2 Owner may authorize and direct, in writing, the ▇▇▇▇ Design-Builder to continue to proceed with the Work on the basis of reimbursement as provided in Article 6 for ▇▇▇▇▇▇fee and Cost of Work hereof ▇, ▇▇▇▇▇ ▇, ▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇, Compensation, without a GMP, and in such an event which care all references in this agreement Agreement to the GMP shall not be applicable; or .3 Owner may terminate this Agreement for convenience in accordance with GC 9.2 (“Termination for Convenience”).

Appears in 1 contract

Sources: Progressive Design Build Agreement

Failure to Accept the GMP Proposal. If Owner rejects a 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: 6.6.1.4.1 .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 6.6.1.3 2.2.3 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 .2 Owner may authorize and direct, in writing, the ▇▇▇▇ Design-Builder to continue to proceed with the Work on the basis of reimbursement as provided in Article 6 for ▇▇▇▇▇▇fee and Cost of Work hereof ▇, ▇▇▇▇▇ ▇, ▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇, Compensation, without a GMP, and in such an event which case all references in this agreement Agreement to the GMP shall not be applicable; or .3 Owner may terminate this Agreement for convenience in accordance with GC 9.2 (“Termination for Convenience”).

Appears in 1 contract

Sources: Progressive Design Build Agreement

Failure to Accept the GMP Proposal. If Unless the Owner rejects a accepts the GMP Proposal, or fails to notify ▇▇▇▇ Proposal in writing on or before the date specified in the GMP Proposal that it accepts for such acceptance and so notifies the Design-Builder, the GMP Proposal shall not be effective. If the Owner fails to accept the GMP Proposal, or rejects the GMP Proposal, the GMP Proposal Owner shall be deemed withdrawn and of no effect. In such event, Owner and ▇▇▇▇ shall meet and confer as to how have the Project will proceed, with Owner having the following optionsright to: 6.6.1.4.1 Owner may suggest .1 Suggest modifications to the GMP Proposal, whereupon, if . 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 6.6.1.3 aboveSubparagraph 3.2.4; 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 .2 Direct the payment provided for in Section 8.1 herein. 6.6.1.4.3 Owner may authorize and direct, in writing, the ▇▇▇▇ Design-Builder to proceed with the Work on the basis of reimbursement as provided in Article 6 for ▇▇▇▇’▇ fee Articles 7 and Cost of Work hereof 8 without a A GMP, and in such an event which case all references in this agreement to the GMP shall not be applicable; or In the absence of a GMP the parties may establish a Date of Substantial Completion and/or a Date of Final Completion.

Appears in 1 contract

Sources: Design Build Agreement (Pacific Ethanol, Inc.)

Failure to Accept the GMP Proposal. If Owner rejects a the GMP Proposal, 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: 6.6.1.4.1 i. 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 6.6.1.3 above;Section 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 ii. Owner may authorize and direct, in writing, the ▇▇▇▇ Design-Builder to continue to proceed with the Work on the basis of reimbursement as provided in Article 6 for ▇▇▇▇’▇ fee and Cost of Work Section 6.1 hereof without a GMP, and in such an event which case all references in this agreement Agreement to the GMP shall not be applicable; or iii. Owner may terminate this Agreement for convenience in accordance with Article 8 hereof; provided, however, in this event, Design-Builder shall not be entitled to the payment provided for in Section 8.2 hereof.

Appears in 1 contract

Sources: Standard Form of Agreement Between Owner and Design Builder

Failure to Accept the GMP Proposal. If Owner rejects a the GMP Proposal, Proposal or fails to notify ▇▇▇▇ Design-Builder in writing on or before the date specified in within forty-five (45) 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 ▇▇▇▇ Design-Builder shall meet and confer as to how the Project will proceed, with Owner having the following options: 6.6.1.4.1 5.2.1 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 6.6.1.3 paragraph 5.1.1 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 5.2.2 Owner may authorize and direct, in writing, the ▇▇▇▇ Design-Builder to continue to proceed with the Work on the basis of reimbursement as provided in Article 6 for ▇▇▇▇’▇ fee and Cost of Work hereof paragraph 5.1 herein without a GMP, and in such an event which case all references in this agreement Agreement to the GMP shall not be applicable; or 5.2.3 Owner may terminate this Agreement for convenience in accordance with Article 9 hereof; provided, however, in this event, Design-Builder shall be entitled to the payment provided for in paragraph 9.1 herein. 5.2.4 If Owner fails to exercise any of the above options, Design-Builder shall have the right to; (i) continue with the Work as if Owner had elected to proceed in accordance with Item

Appears in 1 contract

Sources: Design Build Agreement

Failure to Accept the GMP Proposal. If Owner rejects a 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: 6.6.1.4.1 6.6.2.4.1 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 6.6.1.3 6.6.2.3 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 6.6.2.4.2 Owner may authorize and direct, in writing, the ▇▇▇▇ Design-Builder to continue to proceed with the Work on the basis of reimbursement as provided in Article 6 for ▇▇▇▇’▇ fee and Cost of Work Section 6.1 hereof without a GMP, and in such an event which case all references in this agreement Agreement to the GMP shall not be applicable.; or 6.6.2.4.3 Owner may terminate this Agreement for convenience in accordance with Article 8 hereof; provided, however, in this event,

Appears in 1 contract

Sources: Form of Agreement Between Owner and Design Builder

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 ▇▇▇▇ CMAR 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 ▇▇▇▇CMAR, 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, ▇▇▇▇ CMAR 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 ▇▇▇▇ CMAR 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.

Appears in 1 contract

Sources: Construction Manager at Risk Agreement