Payment or Performance. The Design-Builder fails, refuses or otherwise defaults in its duty (a) to pay any amount required to be paid to the Owner under this Design-Build Agreement within 60 days following the due date for such payment, or (b) to perform any material obligation under this Design-Build Agreement (unless such default is excused by an Uncontrollable Circumstance as and to the extent provided herein). No event set forth in this subsection (B) shall constitute an Event of Default giving the Owner the right to terminate this Design-Build Agreement for cause under this subsection unless:
Appears in 2 contracts
Sources: Design Build Agreement, Design Build Agreement