Termination by the Construction Manager Clause Samples

Termination by the Construction Manager. 12.1.1 Time Frame and Reasons 12.1.2. Termination 12.1.3. Time 12.1.4. Suspension of Work

Termination by the Construction Manager. 10.1.1 If the Project, in whole or substantial part, is stopped for a period of thirty days under an order of any court or other public authority having jurisdiction, or as a result of an act of government, such as a declaration of a national emergency making materials unavailable, through no act or fault of the Construction Manager, or if the Project should be stopped for a period of thirty days by the Construction Manager for the Owner's failure to make payment thereon, then the Construction Manager may, upon seven days' written notice to the Owner and the Architect/Engineer, terminate this Agreement and recover from the Owner payment for all Work executed, the Construction Manager's Fee earned to date, and for any proven loss sustained upon any materials, equipment, tools, construction equipment and machinery, cancellation charges on existing obligations of the Construction Manager.

Termination by the Construction Manager. If the Project is stopped for a period of thirty (30) days under an order of any court or other public authority having jurisdiction or as a result of an act of government, such as a declaration of a national emergency making materials unavailable, through no act or fault of the Construction Manager, or if the Project should be stopped for a period of sixty (60) days by the Construction Manager, for the Owner's failure to make payments thereon, then the Construction Manager may, upon seven days written notice to the Owner, request payment for all work executed, the Construction Manager's fees earned to date, and for any proven loss, injury or damage sustained or incurred by the Construction Manager that is recoverable under Florida law.

Termination by the Construction Manager. (a) The Construction Manager may terminate this Agreement only for sufficient cause, by giving written notice to the District (“CM Termination Notice”). Termination by the Construction Manager shall be effective thirty days after the District’s receipt of the CM Termination Notice. Notwithstanding that it may have given a CM Termination Notice to the District, the Construction Manager shall continue providing all CM Services required pursuant to this Agreement, unless all work has been suspended, until the effective date of the termination. Within ten days after the effective date of any such termination, and regardless of whether the Construction Manager has been compensated as required pursuant to this Agreement, the Construction Manager shall deliver to the District any and all documents, schedules, estimates or other materials that have been prepared or obtained by the Construction Manager in the performance of the CM Services, whether such materials are completed or in progress. (b) Sufficient cause for termination of this Agreement by the Construction Manager may be shown only by one or more of the following: (i) the District has failed to pay to Construction Manager within ninety days of when due any undisputed amounts payable pursuant to this Agreement; (ii) the District has breached any other significant, material obligation owed to Construction Manager pursuant to this Agreement and failed to cure such breach in accordance with this Agreement; (iii) as a result of circumstances not within the control of the District and the Construction Manager, all work on the Project ceased and did not recommence within a period of one-hundred and twenty days; or (iv) the District suspends all work on the Project and does not order work to recommence within a period of one-hundred and twenty days. Any dispute regarding the Construction Manager’s right to terminate this Agreement and/or whether sufficient cause for termination exists shall be resolved as provided in this Agreement and applicable law. (c) If the District, within thirty days after receipt of the CM Termination Notice, cures the reason for termination as stated in the CM Termination Notice, this Agreement shall continue in full force and effect and the Construction Manager shall continue to provide the CM Services as required pursuant to this Agreement. At any time after the receipt of the CM Termination Notice, the District may earlier terminate this Agreement by providing written notice to the Co...

Termination by the Construction Manager. (a) The Construction Manager may terminate this Agreement only for sufficient cause, by giving written notice to the District (“CM Termination Notice”). Termination by the Construction Manager shall be effective thirty days after the District’s receipt of the CM Termination Notice. Notwithstanding that it may have given a CM Termination Notice to the District, the Construction Manager shall continue providing all CM Services required pursuant to this Agreement, unless all work has been suspended, until the effective date of the termination. Within ten days after the effective date of any such termination, and regardless of whether the Construction Manager has been compensated as required pursuant to this Agreement, the Construction Manager shall deliver to the District any and all documents, schedules, estimates or other materials that have been prepared or obtained by the Construction Manager in the performance of the CM Services, whether such materials are completed or in progress. (b) Sufficient cause for termination of this Agreement by the Construction Manager may be shown only by one or more of the following: (i) the District has failed to pay to Construction Manager within ninety days of when due any undisputed amounts payable pursuant to this Agreement;

Termination by the Construction Manager. 16.4.1 The Construction Manager shall have the right to suspend its performance of the Work or terminate this Construction Services Agreement in accordance with Article 16 of Exhibit 6 hereto.

Termination by the Construction Manager. 14.1.1 The Construction Manager may terminate the Contract if the Work is stopped for a period of sixty (60) consecutive days through no act or fault of the Construction Manager or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Construction Manager, for any of the following reasons: .1 issuance of an order of a court or other public authority having jurisdiction which requires all Work to be stopped; .2 an act of government, such as a declaration of national emergency, which requires all Work to be stopped; .3 because the Architect has not issued a Certificate for Payment and has not notified the Construction Manager of the reason for withholding certification as provided in Subparagraph 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents. 14.1.2 The Construction Manager may terminate the Contract if, through no act or fault of the Construction Manager or a Subcontractor, Sub-sub-contractor or their agents or employees or any other persons performing portions of the Work under direct or indirect contract with the Construction Manager, repeated suspensions, delays or interruptions of the entire Work by the Owner as described in Paragraph 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365-day period, whichever is less. 14.1.3 If one of the reasons described in Subparagraph 14.1.1 or 14.1.2 exists, the Construction Manager may, upon seven (7) days' written notice to the Development Manager and Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including an equitable portion of Construction Manager's Fee less amounts necessary for Owner to complete any corrective Work and outstanding disputed Work. 14.1.4 If the Work is stopped for a period of 90 consecutive days through no act or fault of the Construction Manager or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Construction Manager because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Construction Mana...

Termination by the Construction Manager a. Section 14.1.1.3 and 14.1.1.4 are hereby deleted. b. Section 14.1.3 is amended to read: “If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the Construction Manager may, upon seven days’ written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed, including (i) reasonable overhead and profit on the work completed to date, but not on lost profits on work never performed because of the termination, and (ii) costs incurred by reason of such termination, and damages.”

Termination by the Construction Manager. In the event that District fails to make payment when and as required under this Agreement, Construction Manager may, after thirty (30) days written notice to the District, terminate the Agreement. However, if the District cures the payment deficiency within the thirty (30) day notice period, then the Agreement shall continue in full force and effect. In the event of a termination by Construction Manager hereunder, Construction Manager shall be entitled to the balance of the Developer Overhead for the Construction Phase or an amount equal to two (2) monthly installment payments made by the District to the Construction Manager, whichever is less.