Common use of Termination by Owner for Cause Clause in Contracts

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Surety can remedy the reasons for the termination and complete the Work as required, the notice of termination shall be rescinded in writing by the Owner and the Work shall continue without an extension of time. 14.3.4 If at the conclusion of the thirty (30) day cure period the Contractor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 cost to complete the Work includes, but is not limited to, fees for additional services by A/E and other consultants, and additional contract administration costs. 14.3.4.2 Owner will make no further payment to Contractor or its surety unless the costs to complete the Work are less than the Contract balance, then the difference shall be paid to Contractor or its surety. If such costs exceed the unpaid balance, Contractor or its surety will pay the difference to Owner. 14.3.4.3 This obligation for payment survives the termination of the Contract. 14.3.4.4 Owner reserves the right in termination for cause to take assignment of all the Contracts between Contractor and its Subcontractors, vendors, and suppliers. ODR will promptly notify Contractor of the contracts Owner elects to assume. Upon receipt of such notice, Contractor shall promptly take all steps necessary to effect such assignment.

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 cost to complete the Work includes, but is not limited to, fees for additional services by A/E and other consultants, and additional contract administration costs. 14.3.4.2 Owner will make no further payment to Contractor or its surety unless the costs to complete the Work are less than the Contract balance, then the difference shall be paid to Contractor or its surety. If such costs exceed the unpaid balance, Contractor or its surety will pay the difference to Owner. 14.3.4.3 This obligation for payment survives the termination of the Contract. 14.3.4.4 Owner reserves the right in termination for cause to take assignment of all the Contracts between Contractor and its Subcontractors, vendors, and suppliers. ODR will promptly notify Contractor of the contracts Owner elects to assume. Upon receipt of such notice, Contractor shall promptly take all steps necessary to effect such assignment.

Termination by Owner for Cause. 14.3.1 Upon thirty (30a) The Owner may terminate the Contract if the Contractor, despite written notice from Owner, and the expiration of five (5) days written notice after the receipt of such notice: (1) Refuses or fails to supply enough properly skilled workers or proper materials; (2) Fails to make payment to Contractor’s personnel for materials or labor in accordance with the respective agreements between the Contractor and its suretythe Contractor’s personnel; (3) Disregards Applicable Law; (4) Commits a material breach of any provision of the Contract Documents; (5) Fails to furnish the Owner, upon request, with assurances satisfactory to the Owner evidencing the Contractor's ability to complete the Work in compliance with all the requirements of the Contract Documents; or (6) Fails to proceed continuously and diligently with the construction and completion of the Work, except as otherwise excised under this Agreement. (b) When any of the above reasons exist, the Owner may, without prejudice to any right other rights or remedyremedies of the Owner, terminate the Contract and take Agreement with Contractor and: (1) Take possession of the Site site and of all materials, equipment, tools, and construction equipment, equipment and machinery thereon owned by the Contractor; (2) Accept assignment of subcontracts pursuant to this Agreement; and (3) Complete the Work by whatever reasonable method the Owner may deem expedient. (c) In addition to the foregoing, if Owner at any time has reasonable grounds to believe that Contractor is in default, or likely to default, in the performance of its obligations under this Agreement, Owner may request in writing, and Contractor shall provide to Owner in writing within ten (10) days after receipt of Owner’s request, adequate assurance of Contractor’s present and future ability to perform its obligations, failing in which Contractor shall be deemed to be in material default of this Agreement. Contractor’s written response to such request shall include evidence sufficient to demonstrate Contractor’s ability to perform to the reasonable satisfaction of Owner. Owner’s determination that Contractor has failed to provide evidence sufficient and satisfactory to constitute adequate assurance of its ability to perform hereunder shall not be subject to challenge if Contractor has failed to cure within the time permitted under Article 23.02(a) above a condition of default specifically referenced in Owner’s written demand to cure such condition of default. (d) When the Owner terminates this Agreement for one of the reasons stated in this Article 23.02, Contractor shall not be entitled to receive further payment until the Work has achieved Final Completion. (e) If the unpaid balance of all compensation remaining to be earned by Contractor under any this Agreement exceeds the sum of the following circumstances: 14.3.1.1 Persistent or repeated failure or refusal, except during complete or partial suspensions cost of work authorized under finishing 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 jurisdictionWork, including ODR;compensation for the services and expenses of Owner and Architect/Engineer that are made necessary by Contractor’s default, and any other damages incurred by the Owner as a result thereof, and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed such unpaid balance, the Contractor shall be liable to pay the difference to the Owner, which amount shall be immediately due and owing to Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Architect/Engineer, upon application, and this obligation for payment shall survive termination of this Agreement. 14.3.1.3 Persistent failure (f) If the Contractor is declared by the Owner to prosecute be in default under this Agreement, the Work Owner may look to the surety underwriting Contractor’s applicable Bond(s) to complete the Contractor’s obligations in accordance with the Contract, terms and to ensure its completion within conditions of this Agreement and Applicable Law. (g) Upon determination by Court of competent jurisdiction that termination of 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 Contractor pursuant to Tex. Gov’t Codethis Article 23.02 was wrongful, Chapter 2251; 14.3.1.6 Persistent endangerment such termination will be deemed converted 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, a termination for convenience pursuant to the Contract; 14.3.1.8 Any material breach of the Contract; or 14.3.1.9 Article 23.04 and 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 's remedy 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 wrongful termination shall be rescinded in writing by limited to the Owner and the Work shall continue without an extension of time. 14.3.4 If at the conclusion recovery 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 payments permitted 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 cost to complete the Work includes, but is not limited to, fees for additional services by A/E and other consultants, and additional contract administration costs. 14.3.4.2 Owner will make no further payment to Contractor or its surety unless the costs to complete the Work are less than the Contract balance, then the difference shall be paid to Contractor or its surety. If such costs exceed the unpaid balance, Contractor or its surety will pay the difference to Owner. 14.3.4.3 This obligation for payment survives the termination of the Contract. 14.3.4.4 Owner reserves the right in termination for cause to take assignment of all the Contracts between Contractor and its Subcontractors, vendors, and suppliers. ODR will promptly notify Contractor of the contracts Owner elects to assume. Upon receipt of such notice, Contractor shall promptly take all steps necessary to effect such assignmentconvenience as set forth therein.

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 Ch. 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 Should Owner decide to terminate the Contract under the provisions of a termination noticeSection 14.3, the it will provide to Contractor or and its Surety has surety thirty (30) days to cure the reasons for the termination prior written notice. 14.3.4 Should Contractor or its surety, after having received notice of termination, demonstrate to the satisfaction of the Owner that it is prepared Contractor or its surety are proceeding to remedy to the condition(s) correct such default with diligence and promptness, 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 requiredbased, the notice of termination shall may be rescinded in writing by the Owner and Owner. If so rescinded, the Work shall may continue without an extension of time. 14.3.4 14.3.5 If at Contractor or its surety fails, after written notice from Owner to commence and continue correction of such default with diligence and promptness to the conclusion satisfaction of the Owner within thirty (30) day cure period the Contractor or its Surety is unable to demonstrate to the satisfaction days following receipt of the Owner its ability to remedy the reasons for terminationnotice, the Owner may immediately terminate the employment of the Contractor, make alternative arrangements arrange for completion of the Work and deduct the cost of completion from the unpaid Contract Sum. 14.3.4.1 Owners 14.3.5.1 This amount includes the cost to complete the Work includes, but is not limited to, fees for of additional services by Owner costs such as A/E and services, other consultants, and additional contract administration costsadministration. 14.3.4.2 14.3.5.2 Owner will make no further payment to Contractor or its surety unless the costs to complete the Work are less than the Contract balance, then the difference shall be paid to Contractor or its surety. If such costs exceed the unpaid balance, Contractor or its surety will pay the difference to Owner. 14.3.4.3 14.3.5.3 This obligation for payment survives the termination of the Contract. 14.3.4.4 14.3.5.4 Owner reserves the right in termination for cause to take assignment of all the Contracts between Contractor and its Subcontractors, vendors, and suppliers. ODR will promptly notify Contractor of the contracts Owner elects to assume. Upon receipt of such notice, Contractor shall promptly take all steps necessary to effect such assignment.

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 Ch. 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 Should Owner decide to terminate the Contract under the provisions of a termination noticeSection 14.3, the it will provide to Contractor or and its Surety has surety thirty (30) days to cure the reasons for the termination prior written notice. 14.3.4 Should Contractor or its surety, after having received notice of termination, demonstrate to the satisfaction of the Owner that it is prepared Contractor or its surety are proceeding to remedy to the condition(s) correct such default with diligence and promptness, 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 requiredbased, the notice of termination shall may be rescinded in writing by the Owner and Owner. If so rescinded, the Work shall may continue without an extension of time. 14.3.4 14.3.5 If at Contractor or its surety fails, after written notice from Owner to commence and continue correction of such default with diligence and promptness to the conclusion satisfaction of the Owner within thirty (30) day cure period the Contractor or its Surety is unable to demonstrate to the satisfaction days following receipt of the Owner its ability to remedy the reasons for terminationnotice, the Owner may immediately terminate the employment of the Contractor, make alternative arrangements arrange for completion of the Work and deduct the cost of completion from the unpaid Contract Sum. 14.3.4.1 Owners 14.3.5.1 This amount includes the cost to complete the Work includes, but is not limited to, fees for of additional services by Owner costs such as A/E and services, other consultants, and additional contract administration costsadministration. 14.3.4.2 14.3.5.2 Owner will make no further payment to Contractor or its surety unless the costs to complete the Work are less than the Contract balance, then the difference shall be paid to Contractor or its surety. If such costs exceed the unpaid balance, Contractor or its surety will pay the difference to Owner. 14.3.4.3 14.3.5.3 This obligation for payment survives the termination of the Contract. 14.3.4.4 14.3.5.4 Owner reserves the right in termination for cause to take assignment of all the Contracts between Contractor and its Subcontractors, vendors, and suppliers. ODR will promptly notify Contractor of the contracts Owner elects to assume. Upon receipt of such notice, Contractor shall promptly take all steps necessary to effect such assignment.

Termination by Owner for Cause. 14.3.1 Upon thirty (30) days written notice to Contractor and its surety, The Owner may, without prejudice to any right or remedy, terminate the Contract employment of the Contractor and take possession of the Site and of all materials, equipment, tools, construction equipment, equipment and machinery thereon owned by Contractor the 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;; and/or 14.3.1.2 Persistent disregard of laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, including the ODR;; and/or 14.3.1.3 Persistent failure to prosecute the Work in accordance with the Contract, and to ensure insure its completion within the time, or any approved extension thereof, specified in the this Contract;; and/or 14.3.1.4 Failure to remedy defective work condemned by the ODR;; and/or 14.3.1.5 Failure to pay Subcontractors, laborers, and material suppliers pursuant to Tex. Gov’t Code, Code Chapter 2251;; and/or 14.3.1.6 Persistent endangerment to the safety of labor laborers or of the Work;; and/or 14.3.1.7 Failure to supply or maintain statutory bonds or to maintain required insurance, pursuant to the Contract;; and/or 14.3.1.8 Any material breach of the Contract; orand/or 14.3.1.9 The Contractor’s insolvency, bankruptcy, or demonstrated financial inability to perform the Work. 14.3.2 Failure by the 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 Should the Owner decide to terminate the employment of a termination notice, the Contractor or under the provisions of Article 14.3.1, it will provide to the Contractor and its Surety has thirty (30) days to cure prior written notice. 14.3.4 Should the reasons for the termination Contractor or demonstrate its Surety, after having received notice of termination, remedy 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 requiredbased, the notice of termination shall be rescinded in writing by the Owner and Owner. If so rescinded, the Work shall may continue without an extension of time. 14.3.4 14.3.5 If at the conclusion of the thirty (30) day cure period the Contractor or its Surety is unable fails to demonstrate remedy the condition(s) to the satisfaction of the Owner its ability to remedy the reasons for terminationwithin thirty (30) days following receipt of notice, the Owner may immediately terminate the employment of the ContractorContract, make alternative arrangements for completion of the Work Work, and deduct the cost of completion from the unpaid Contract Sum. 14.3.4.1 Owners cost to complete the Work includes, but is not limited to, fees for 14.3.5.1 Cost of completion includes additional services by Owner costs such as A/E and services, the cost of other consultants, and additional contract administration costsadministration. 14.3.4.2 14.3.5.2 The Owner will make no further payment to the Contractor or its surety unless the Surety until all costs to complete of completing the Work are less than paid. If the unpaid balance of the Contract balanceSum exceeds the costs of administering and finishing the Work, then the difference shall be paid to Contractor or its suretywill receive the excess funds. If such costs exceed the unpaid balance, the Contractor or its surety Surety will pay the difference to the Owner. 14.3.4.3 14.3.5.3 This obligation for payment survives the termination of the Contract. 14.3.4.4 14.3.5.4 The Owner reserves the right in termination for cause to take assignment of all contracts between the Contracts between Contractor and its Subcontractors, vendors, vendors and suppliers. The ODR will promptly notify the Contractor of the contracts the Owner elects to assume. Upon receipt of such notice, the Contractor shall promptly take all steps necessary to effect such assignment.

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 employment of the Contractor and take possession of the Site and of all materials, equipment, tools, construction equipment, equipment and machinery thereon owned by Contractor the 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 the 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 this Contract; 14.3.1.4 Failure to remedy defective work condemned by the ODR; 14.3.1.5 Failure to pay its Subcontractors, laborers, and material suppliers pursuant to Tex. Gov’t Code, Code Chapter 2251; 14.3.1.6 Persistent endangerment to the safety of labor laborers 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 The Contractor’s insolvency, bankruptcy, or demonstrated financial inability to perform the Work. 14.3.2 Failure by the 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 ContractorContract, make alternative arrangements for completion of the Work and deduct the cost of completion from the unpaid Contract Sum. 14.3.4.1 Owners cost to complete the Work includes, but is not limited to, fees for additional services by A/E and other consultants, and additional contract administration costs. 14.3.4.2 Owner will make no further payment to Contractor or its surety Surety unless the costs to complete the Work are less than the Contract balance, then the difference shall be paid to Contractor or its suretySurety. If such costs exceed the unpaid balance, Contractor or its surety Surety will pay the difference to Owner. 14.3.4.3 This obligation for payment survives the termination of the Contract. 14.3.4.4 Owner reserves the right in termination for cause to take assignment of all the Contracts between Contractor and its Subcontractors, vendors, and suppliers. ODR will promptly notify Contractor of the contracts Owner elects to assume. Upon receipt of such notice, Contractor shall promptly take all steps necessary to effect such assignment.

Termination by Owner for Cause. 14.3.1 13.3.1 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 circumstancesfollowingcircumstances: 14.3.1.1 13.3.1.1 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 13.3.1.2 Persistent disregard of laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, including ODR;{00010282 / v / / LEGAL / FORMS / 11/16/2018} 14.3.1.3 13.3.1.3 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 13.3.1.4 Failure to remedy defective work condemned by ODR▇▇▇; 14.3.1.5 13.3.1.5 Failure to pay Subcontractors, laborers, and material suppliers pursuant to Tex. Gov’t Code, Chapter 2251; 14.3.1.6 13.3.1.6 Persistent endangerment to the safety of labor or of the Work; 14.3.1.7 13.3.1.7 Failure to supply or maintain statutory bonds or to maintain required insurance, pursuant to the Contract; 14.3.1.8 13.3.1.8 Any material breach of the Contract; or 14.3.1.9 13.3.1.9 Contractor’s insolvency, bankruptcy, or demonstrated financial inability to perform the Work. 14.3.2 13.3.2 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 13.3.3 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 13.3.4 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 13.3.4.1 Owners cost to complete the Work includes, but is not limited to, fees for additional services by A/E and other consultants, and additional contract administration costs. 14.3.4.2 13.3.4.2 Owner will make no further payment to Contractor or its surety unless the costs to complete the Work are less than the Contract balance, then the difference shall be paid to Contractor or its surety. If such costs exceed the unpaid balance, Contractor or its surety will pay the difference to Owner. 14.3.4.3 13.3.4.3 This obligation for payment survives the termination of the ContracttheContract. 14.3.4.4 13.3.4.4 Owner reserves the right in termination for cause to take assignment of all the Contracts between Contractor and its Subcontractors, vendors, and suppliers. ODR will promptly notify Contractor of the contracts Owner elects to assume. Upon receipt of such notice, Contractor shall promptly take all steps necessary to effect such assignment.