Common use of Termination by the Construction Manager Clause in Contracts

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 Construction Manager to terminate the CM Services on a specific date that is prior to the effective date of termination pursuant to the CM Termination Notice. In the event this Agreement is terminated pursuant to this Section, the Construction Manager shall be compensated for those CM Services and Additional CM Services provided up through and including the effective date of the termination.

Termination by the Construction Manager. (a) The Construction Manager may terminate this CM 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 for the Projects pursuant to this CM 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 CM 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 CM Agreement; (ii) the District has breached any other significant, material obligation owed to Construction Manager pursuant to this CM Agreement and failed to cure such breach in accordance with this CM Agreement; (iii) as a result of circumstances not within the control of the District and the Construction Manager, all work on the Project ceased ceases and did does 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 CM Agreement and/or whether sufficient cause for termination exists shall be resolved as provided in this CM 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 CM Agreement shall continue in full force and effect and the Construction Manager shall continue to provide the CM Services as required pursuant to this CM Agreement. At any time after the receipt of the CM Termination Notice, the District may earlier terminate this CM Agreement by providing written notice to the Construction Manager to terminate the CM Services on a specific date that is prior to the effective date of termination pursuant to the CM Termination Notice. In the event this CM Agreement is terminated pursuant to this Section, the Construction Manager shall be compensated for those CM Services and Additional CM Services provided up through and including the effective date of the termination.