Common use of Termination by Owner Without Cause Clause in Contracts

Termination by Owner Without Cause. Owner may terminate this Agreement at any time in Owner’s sole and absolute discretion subject to the following rights of the Construction Manager: If the Owner terminates this Agreement other than pursuant to Article 14.2(2) or Article 14.2(3), it shall reimburse the Construction Manager for any unpaid Cost of the Project due under Article 9, plus that part of the unpaid balance of the Construction Phase Compensation in an amount as will increase the payment on account of its fee to a sum which bears the same ratio to the Construction Phase Compensation as the Cost of the Project at the time of termination bears to the Guaranteed Maximum Price, if established, otherwise to the current Estimate of the actual cost of the Project as of the time of termination. The Owner shall also pay to the Construction Manager fair compensation, either by purchase or rental at the election of the Owner, for any equipment retained. In case of such termination of Agreement the Owner shall further assume and become liable for obligations, commitments and unsettled contractual claims that the Construction Manager has previously undertaken or incurred in good faith in connection with said Project. The Construction Manager shall, as a condition of receiving the payments referred to in this Article 14, execute and deliver all such papers and take all such steps including the legal assignment of its contractual rights, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Construction Manager under such obligations or commitments.

Termination by Owner Without Cause. Owner may terminate this Agreement at any time in Owner’s sole and absolute discretion subject to the following rights of the Construction Manager: Compensation Due - If the Owner terminates this Agreement other than pursuant to Article 14.2(2) or Article 14.2(3)paragraph 15.2, it he shall reimburse the Construction Manager for any unpaid Cost of the Project due him under Article 9, plus that part of the unpaid balance of the Construction Phase Compensation Fee in an amount as will increase the payment on account of its his fee to a sum which bears the same ratio to the Construction Phase Compensation Fee as the Cost of the Project at the time of termination bears to the Guaranteed Maximum Price, if established, otherwise to the current Estimate of the actual cost of the Project as of the time of terminationOwner’s Construction Budget, whichever is less. The Owner shall also pay to the Construction Manager fair compensation, either by purchase or rental at the election of the Owner, for any equipment retained. In case of such termination of Agreement the Owner shall may further assume and become liable for obligations, commitments and unsettled contractual claims that the Construction Manager has previously undertaken or incurred in good faith in connection with said Project. The Construction Manager shall, as a condition of receiving the payments referred to in this Article 1415, execute and deliver all such papers and take all such steps including the legal assignment of its his contractual rights, as the Owner may require for the purpose of fully vesting in the Owner him the rights and benefits of the Construction Manager under such obligations or commitments. In the case of such a termination, the Construction Manager’s right to receive the amounts described in this paragraph shall be the Construction Manager’s sole and exclusive rights, remedies and recourse available to the Construction Manager in lieu of any and all other claims for compensation and damages, and the Owner shall have no further or other liability to the Construction Manager.

Termination by Owner Without Cause. Owner may terminate this Agreement at any time in Owner’s sole and absolute discretion subject to the following rights of the Construction Manager: (1) If the Owner terminates this Agreement other than pursuant to Article 14.2(2) or Article 14.2(3), it the Owner shall reimburse the Construction Manager Contractor for any unpaid Cost of the Project due under Article 9, plus that part of the unpaid balance of the Construction Phase Compensation Fee in an amount as will increase the payment on account of its their fee to a sum which bears the same ratio to the Construction Phase Compensation Fee as the Cost of the Project at the time of termination bears to the Guaranteed Maximum Price, if established, otherwise to the current Estimate of the actual cost of the Project as of the time of terminationOwner's Construction Budget. The Owner shall also pay to the Construction Manager Contractor fair compensation, either by purchase or rental at the election of the Owner, for any equipment retained. In case of such termination of Agreement Agreement, the Owner shall may further assume and become liable for obligations, commitments commitments, and unsettled contractual claims that the Construction Manager Contractor has previously undertaken or incurred in good faith in connection with said Project. This payment shall be the Contractor’s sole remedy for any termination under this Section. The Construction Manager Contractor shall, as a condition of receiving the payments referred to in this Article 14, execute and deliver all such papers and take all such steps including the legal assignment of its their contractual rights, as the Owner may request or require for the purpose of fully vesting in the Owner them the rights and benefits of the Construction Manager under such obligations Contractor. (2) After the establishment of the Guaranteed Maximum Price or commitmentsat the completion of the Preconstruction Phase, if the final cost estimates or lack of legislative funding make the Project no longer feasible from the standpoint of the Owner, the Owner may terminate this Agreement and pay the Contractor their proportionate fee due in accordance with Article 8.

Termination by Owner Without Cause. Owner may terminate this Agreement at any time in Owner’s sole and absolute discretion subject to the following rights of the Construction Manager: (1) If the Owner terminates this Agreement other than pursuant to Article 14.2(2) or Article 14.2(3), it the Owner shall reimburse the Construction Manager for any unpaid Cost of the Project due under Article 9, plus that part of the unpaid balance of the Construction Phase Compensation Staffing Fee in an amount as will increase the payment on account of its their fee to a sum which bears the same ratio to the Construction Phase Compensation Staffing Fee as the Cost of the Project at the time of termination bears to the Guaranteed Maximum Price, if established, otherwise to the current Estimate of the actual cost of the Project as of the time of terminationOwner's Construction Budget. The Owner shall also pay to the Construction Manager fair compensation, either by purchase or rental at the election of the Owner, for any equipment retained. In case of such termination of Agreement Agreement, the Owner shall may further assume and become liable for obligations, commitments commitments, and unsettled contractual claims that the Construction Manager has previously undertaken or incurred in good faith in connection with said Project. This payment shall be the Construction Manager’s sole remedy for any termination under this Section. The Construction Manager shall, as a condition of receiving the payments referred to in this Article 14, execute and deliver all such papers and take all such steps including the legal assignment of its their contractual rights, as the Owner may request or require for the purpose of fully vesting in the Owner them the rights and benefits of the Construction Manager. (2) After the establishment of the Guaranteed Maximum Price or at the completion of the Preconstruction Phase, if the final cost estimates or lack of legislative funding make the Project no longer feasible from the standpoint of the Owner, the Owner may terminate this Agreement and pay the Construction Manager under such obligations or commitmentstheir proportionate fee due in accordance with Article 8.