Termination by Owner for Cause Sample Clauses
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Termination by Owner for Cause. (a) The occurrence of any one of more of the following matters constitutes a default by the Contractor under this Agreement (a "Contractor Default"):
(i) Contractor becomes insolvent or generally fails to pay, or admits in writing its inability or unwillingness to pay, its debts as they become due;
(ii) Contractor makes a general assignment for the benefit of its creditors;
(iii) Contractor shall commence or consent to any case, proceeding or other action (a) seeking reorganization, arrangement, adjustment, liquidation, dissolution or composition of Contractor or of Contractor's debts under any law relating to bankruptcy, insolvency, reorganization or relief of debts, or (b) seeking appointment of a receiver, trustee or similar official for Contractor or for all or any part of Contractor's property;
(iv) any case, proceeding or other action against Contractor shall be commenced (a) seeking to have an order for relief entered against Contractor as debtor, (b) seeking reorganization, arrangement, adjustment, liquidation, dissolution or composition of Contractor or Contractor's debts under any law relating to bankruptcy, insolvency, reorganization or relief of debtors, or (c) seeking appointment of a receiver, trustee, or similar official for Contractor or for all or any part of Contractor's property;
(v) the breach of any material representation or warranty made by Contractor herein;
(vi) Contractor attempts to assign, convey or transfer this Agreement or any interest herein without the Owner's prior written consent; or
(vii) Contractor fails to observe or perform any other covenant, agreement, obligation, duty or provision of this Agreement, and such failure continues for thirty (30) days after Contractor's receipt of written notice thereof from Owner.
(b) Upon the occurrence of a Contractor Default, the Owner may, without prejudice to any other right or remedy the Owner may have at law and/or in equity or under this Agreement, terminate this Agreement. The Owner may, without prejudice to any other right or remedy, take possession of the Site and of all materials, equipment, tools and machinery thereon owned by the Contractor, and may finish the Work by whatever method the Owner may deem expedient. If the cost of finishing the Work exceeds the unpaid balance of the Guaranteed Maximum Price, the Contractor shall immediately pay the difference to the Owner.
Termination by Owner for Cause. This Agreement may be terminated by Owner (or the Property Manager may be required by Owner to change its personnel assigned as Property Manager for the Property) at any time during the term hereof upon written notice to Property Manager effective immediately for any of the following causes:
(a) If Property Manager shall suspend or discontinue business;
(b) If a court shall enter a decree or order for relief in respect of Property Manager in an involuntary case under the federal bankruptcy laws, as now or hereafter constituted, or any other applicable federal, state or foreign bankruptcy, insolvency or other similar law, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator (or similar official) of Property Manager or for any substantial part of its property, or for the winding‑up, dissolution or liquidation of its affairs, and such decree or order shall continue unstayed and in effect for a period of sixty (60) consecutive days or if Property Manager shall consent to any of the foregoing;
(c) If Property Manager shall commence a voluntary case or action under the federal bankruptcy laws, as now or hereafter constituted, or any other applicable federal or state bankruptcy insolvency or other similar law, or consent to the appointment of or taking possession by a receiver, liquidator, assignee, trustee, custodian, sequestrator (or other similar official) of Property Manager or for any substantial part of its property, or make any assignment for the benefit of creditors, or admit in writing that it is unable, or fail generally to pay its debts as such debts become due, or take action in furtherance of any of the foregoing;
(d) If Property Manager is grossly negligent or engages in willful misconduct with respect to its duties or obligations to Owner under this Agreement; or
(e) If Property Manager commits any other material default in the performance of any of its obligations under this Agreement, unless such default is cured with thirty (30) days after written notice of such default is given to Property Manager, or, if not curable within thirty (30) days, commenced within such thirty (30) days and diligently prosecuted to completion.
Termination by Owner for Cause. Owner shall have the right to terminate Engineer under this Agreement upon written notice, effective immediately unless otherwise provided in said notice, if Engineer shall fail to commence the Services in accordance with the provisions of this Agreement or fail to diligently perform the Services, fail to use acceptable personnel or Consultants, fail to perform any of its obligations under this Agreement or any other Contract Document, or fail to make prompt payments to its Consultants. Any such act by Owner shall not be deemed a waiver of any other right or remedy of Owner. If Owner terminates Engineer for cause, Owner agrees to immediately proceed with a Meeting of Principals to determine a proper accounting for all services rendered by Engineer. If the Meeting of Principals fails to result in an appropriate Agreement as to solution of costs for termination, Owner and Engineer agree to proceed with the mediation, arbitration, or legal proceedings as set forth in Article 14.
Termination by Owner for Cause. The Owner may, without prejudice to any right or remedy, terminate the employment of the Provider and take possession of the Site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Provider, under any of the following circumstances:
14.3.1 Persistent or repeated failure or refusal, except during complete or partial suspensions of work authorized under the Contract, to supply enough properly skilled workmen or proper materials; and/or
14.3.2 Persistent disregard of laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, including the ODR; and/or
14.3.3 Persistent failure to prosecute the Work in accordance with the Contract, and to insure its completion within the time, or any approved extension thereof, specified in this Contract; and/or
14.3.4 Failure to remedy defective work condemned by the ODR; and/or
14.3.5 Failure to pay Subcontractors, laborers, and material suppliers pursuant to Tex. Gov’t Code Chapter 2251; and/or
14.3.6 Persistent endangerment to the safety of laborers or of the Work; and/or
14.3.7 Failure to supply or maintain statutory bonds or to maintain required insurance, pursuant to the Contract; and/or
14.3.8 Any material breach of the Contract; and/or
14.3.9 The Provider’s insolvency, bankruptcy, or demonstrated financial inability to perform the Work.
Termination by Owner for Cause. Owner may terminate this Agreement, in whole or in part, immediately upon notice to Design Professional, or at such later date as Owner may establish in such notice, upon the occurrence of any of the following events:
1. Owner fails to receive funding, or appropriations, limitations or other expenditure authority at levels sufficient to pay for the Design Professional's Services;
2. Federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the Services performed under this Agreement are prohibited or Owner is prohibited from paying for such Services from the planned funding source;
3. Design Professional no longer holds any license or certificate that is required to perform the Services;
4. Design Professional commits any material breach or default of any covenant, warranty, obligation or agreement under this Agreement, fails to perform the Services under this Agreement within the time specified herein or any extension thereof, or fails to perform the Services so as to endanger Design Professional's performance under this Agreement in accordance with its terms, and such breach, default or failure is not cured within 10 business days after delivery of Owner's notice, or such longer period of cure as Owner may specify in such notice.
Termination by Owner for Cause. If Design/Builder does not perform the Construction Work, or any part thereof, in a timely manner, supply adequate labor, supervisory personnel or proper equipment or materials, or if it fails to timely discharge its obligations for labor, equipment and materials, or proceeds to disobey applicable laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or otherwise commits a violation of a material provision of the Contract, then Owner may by written notice to Design/Builder, without prejudice to any other right or remedy against Design/Builder or others, terminate the performance of Design/Builder and take possession of the Project site and of all materials and equipment at the site and may finish the Construction Work by whatever methods it may deem expedient. In such cases, Design/Builder shall not be entitled to receive any further payment until the Construction Work is finished.
Termination by Owner for Cause. The Owner may terminate the Agreement for cause for any of the following reasons:
Termination by Owner for Cause. If the Contractor fails to commence and satisfactorily continue correction of a default within seven (7) working days after the written notification issued under Paragraph 11.2, or provide the Owner with written verification of positive action that is in process, then the Owner may, in lieu of or in addition to the remedies set forth in Paragraph 11.2, issue a second written notification to the Contractor. Such notice shall state that if the Contractor fails to commence and continue correction of the default within fourteen (14) working days of the second written notification, this Agreement may be terminated. The Owner also may furnish materials, equipment, appliances or tools and employ such workers or trade contractors as the Owner deems necessary to maintain the orderly progress of the Work. A written notice of termination shall be issued by the Owner to the Contractor at the time this Agreement is terminated. All costs incurred by the Owner in performing the Work, including attorney’s fees, shall be deducted from any moneys due or to become due the Contractor under this Agreement. The Contractor shall be liable for the payment of any amount by which such expense may exceed the unpaid balance of the Contract Price. If the unpaid balance of the Contract Price for Work performed in accordance with this Agreement exceeds the expense of finishing the Work, Contractor shall be paid for Work performed in accordance with the Contract Documents up to the amount that the unpaid contract balance exceeds the expense of finishing the Work. Upon request of the Contractor the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work.
Termination by Owner for Cause. 14.3.1 Upon thirty (30) days written notice to Contractor and its surety, Owner may, without prejudice to any right or remedy, terminate the Contract and take possession of the Site and of all materials, equipment, tools, construction equipment, and machinery thereon owned by Contractor under any of the following circumstances:
14.3.1.1 Persistent or repeated failure or refusal, except during complete or partial suspensions of work authorized under the Contract, to supply enough properly skilled workmen or proper materials;
14.3.1.2 Persistent disregard of laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, including ODR;
14.3.1.3 Persistent failure to prosecute the Work in accordance with the Contract, and to ensure its completion within the time, or any approved extension thereof, specified in the Contract;
14.3.1.4 Failure to remedy defective work condemned by ODR;
14.3.1.5 Failure to pay Subcontractors, laborers, and material suppliers pursuant to Tex. Gov’t Code, Chapter 2251;
14.3.1.6 Persistent endangerment to the safety of labor or of the Work;
14.3.1.7 Failure to supply or maintain statutory bonds or to maintain required insurance, pursuant to the Contract;
14.3.1.8 Any material breach of the Contract; or
14.3.1.9 Contractor’s insolvency, bankruptcy, or demonstrated financial inability to perform the Work.
14.3.2 Failure by Owner to exercise the right to terminate in any instance is not a waiver of the right to do so in any other instance.
14.3.3 Upon receipt of a termination notice, the Contractor or its Surety has thirty (30) days to cure the reasons for the termination or demonstrate to the satisfaction of the Owner that it is prepared to remedy to the condition(s) upon which the notice of termination was based with diligence and promptness. If the Owner is satisfied that the Contractor or its Surety can remedy the reasons for the termination and complete the Work as required, the notice of termination shall be rescinded in writing by the Owner and the Work shall continue without an extension of time.
14.3.4 If at the conclusion of the thirty (30) day cure period the Contractor or its Surety is unable to demonstrate to the satisfaction of the Owner its ability to remedy the reasons for termination, the Owner may immediately terminate the employment of the Contractor, make alternative arrangements for completion of the Work and deduct the cost of completion from the unpaid Contract Sum.
14.3.4.1 Owners cos...
Termination by Owner for Cause. Owner may terminate this Agreement for cause which is defined as Manager’s material and substantial breach of any provision of this Agreement which is not cured within thirty (30) days after Owner gives Manager written notice thereof; if such breach cannot be cured within thirty (30) days, such breach shall be deemed cured if Manager commences curative action within such thirty (30) day period and thereafter reasonably pursues the action to completion.