Common use of Termination by the Owner for Cause Clause in Contracts

Termination by the Owner for Cause. The Owner may terminate the Contract due to the Contractor's inability to perform for these reasons: • Refusal or failure to supply properly skilled workers or materials; • Disregarding the laws, ordinances or regulations of public authorities having jurisdiction over the Work; or • Substantially breaching provisions of the Contract Documents. If such conditions exist the Owner may, without prejudice of any other rights or remedies of the Owner, after having given the Contractor and the Contractor's surety seven days written notice, terminate the Agreement and, subject to any prior rights of the surety: • Take possession of the site and materials, equipment, tools, and machinery therein owned by the Contractor; • Accept assignment of Subcontracts; and • Finish the work by whatever means are available to the Owner. Should the Work be terminated according to this section the Contractor shall not be entitled to receive further payment until the Work is finished. If the unpaid balance of the Contract Amount exceeds the costs of finishing the work, such excess shall be used to pay the Contractor amounts due for materials and equipment stored on site and Work completed in accordance with the Contract Documents which has been Certified by the Architect/Engineer and accepted by the Owner. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner, which obligation for payment shall survive the termination of the Agreement. The costs of finishing the Work include, without limitation, all reasonable attorney's fees, additional title costs, insurance, additional interest because of delay in completing the Work, and all other direct, indirect, and consequential costs incurred by the Owner by reason of the termination of the Contractor as stated herein. The Owner shall be entitled to hold all amounts due the Contractor at the date of termination until all of the Owner's costs have been established, and to apply such amounts to such costs. Should the Owner's termination of the Contractor for Cause be challenged, and should such challenge prevail, then the Owner's termination of the Contractor shall be deemed to have been a Termination for Convenience, and Contractor's entitlement to compensation shall be determined in accordance with paragraph 3 below.

Termination by the Owner for Cause. The Owner may terminate the Contract due to Agreement upon five (5) days written notice if the Contractor's inability to perform for these reasons: • Refusal Board is dissatisfied with the quality or failure to supply properly skilled workers or materials; • Disregarding timeliness of the laws, ordinances or regulations of public authorities having jurisdiction over Work performed. If the Owner becomes dissatisfied with the Work; or • Substantially breaching provisions of the Contract Documents. If such conditions exist , the Owner may, may without prejudice of to any other rights or remedies of the Owner, Owner and after having given giving the Contractor and the Contractor's surety seven days five days’ written notice, terminate the Agreement and, subject to any prior rights employment of the suretyContractor and may: • Take possession of Exclude the Contractor from the site and take possession of all materials, equipment, tools, and construction equipment and machinery therein thereon owned by the Contractor; • Accept assignment of Subcontractsany subcontracts; and • Finish the work Work by whatever means are available reasonable method the Owner may deem expedient. Upon written request of the Contractor, the Owner shall furnish to the OwnerContractor a detailed accounting of the costs incurred by the Owner in finishing the Work. Should If the Work Owner terminates the whole or any part of the Work, the Owner may procure, upon such terms and in such manner as the Owner may deem appropriate, supplies or services similar to those so terminated, and the Contractor shall be liable to the Owner for any excess costs for such similar supplies or services. The Contractor shall continue the performance of the Agreement to the extent not terminated according to this section hereunder. When the Owner terminates the Agreement, the Contractor shall not be entitled to receive further payment until the Work is finished. If the unpaid balance of the Contract Amount Sum exceeds the costs of finishing the workWork, including compensation for the Architect’s and legal services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be used paid to pay the Contractor amounts due for materials and equipment stored on site and Work completed in accordance with the Contract Documents which has been Certified by the Architect/Engineer and accepted by the OwnerContractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, which as the case may be, shall be certified by the Architect and this obligation for payment shall survive the termination of the this Agreement. The costs of finishing the Work include, without limitation, all reasonable attorney's fees, additional title costs, insurance, additional interest because of delay in completing the Work, and all other direct, indirect, and consequential costs incurred by the Owner by reason of the termination of the Contractor as stated herein. The Owner shall be entitled to hold all amounts due the Contractor at the date of termination until all of the Owner's costs have been established, and to apply such amounts to such costs. Should the Owner's termination of the Contractor for Cause be challenged, and should such challenge prevail, then the Owner's termination of the Contractor shall be deemed to have been a Termination for Convenience, and Contractor's entitlement to compensation shall be determined in accordance with paragraph 3 below.

Termination by the Owner for Cause. The Owner may terminate the Contract due to the Contractor's inability to perform for these reasons: •  Refusal or failure to supply properly skilled workers or materials; •  Disregarding the laws, ordinances or regulations of public authorities having jurisdiction over the Work; or •  Substantially breaching provisions of the Contract Documents. If such conditions exist the Owner may, without prejudice of any other rights or remedies of the Owner, after having given the Contractor and the Contractor's surety seven days written notice, terminate the Agreement and, subject to any prior rights of the surety: •  Take possession of the site and materials, equipment, tools, and machinery therein owned by the Contractor; •  Accept assignment of Subcontracts; and •  Finish the work by whatever means are available to the Owner. Should the Work be terminated according to this section the Contractor shall not be entitled to receive further payment until the Work is finished. If the unpaid balance of the Contract Amount exceeds the costs of finishing the work, such excess shall be used to pay the Contractor amounts due for materials and equipment stored on site and Work completed in accordance with the Contract Documents which has been Certified by the Architect/Engineer and accepted by the Owner. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner, which obligation for payment shall survive the termination of the Agreement. The costs of finishing the Work include, without limitation, all reasonable attorney's fees, additional title costs, insurance, additional interest because of delay in completing the Work, and all other direct, indirect, and consequential costs incurred by the Owner by reason of the termination of the Contractor as stated herein. The Owner shall be entitled to hold all amounts due the Contractor at the date of termination until all of the Owner's costs have been established, and to apply such amounts to such costs. Should the Owner's termination of the Contractor for Cause be challenged, and should such challenge prevail, then the Owner's termination of the Contractor shall be deemed to have been a Termination for Convenience, and Contractor's entitlement to compensation shall be determined in accordance with paragraph 3 below.

Termination by the Owner for Cause. The Owner may terminate the Contract due to Agreement upon five (5) days written notice if the Contractor's inability to perform for these reasons: • Refusal Owner is dissatisfied with the quality or failure to supply properly skilled workers or materials; • Disregarding timeliness of the laws, ordinances or regulations of public authorities having jurisdiction over Work performed. If the Owner becomes dissatisfied with the Work; or • Substantially breaching provisions of the Contract Documents. If such conditions exist , the Owner may, may without prejudice of to any other rights or remedies of the Owner, Owner and after having given giving the Contractor and the Contractor's surety seven days five days’ written notice, terminate the Agreement and, subject to any prior rights employment of the surety: • Take possession of Contractor and may: 1. Exclude the Contractor from the site and take possession of all materials, equipment, tools, and construction equipment and machinery therein thereon owned by the Contractor; • ; 2. Accept assignment of Subcontractsany subcontracts; and • and 3. Finish the work Work by whatever means are available reasonable method the Owner may deem expedient. Upon written request of the Contractor, the Owner shall furnish to the OwnerContractor a detailed accounting of the costs incurred by the Owner in finishing the Work. Should If the Work Owner terminates the whole or any part of the Work, the Owner may procure, upon such terms and in such manner as the Owner may deem appropriate, supplies or services similar to those so terminated, and the Contractor shall be liable to the Owner for any excess costs for such similar supplies or services. The Contractor shall continue the performance of the Agreement to the extent not terminated according to this section hereunder. When the Owner terminates the Agreement, the Contractor shall not be entitled to receive further payment until the Work is finished. If the unpaid balance of the Contract Amount Sum exceeds the costs of finishing the workWork, including compensation for the Architect’s and legal services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be used paid to pay the Contractor amounts due for materials and equipment stored on site and Work completed in accordance with the Contract Documents which has been Certified by the Architect/Engineer and accepted by the OwnerContractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, which as the case may be, shall be certified by the Architect and this obligation for payment shall survive the termination of the this Agreement. The costs of finishing the Work include, without limitation, all reasonable attorney's fees, additional title costs, insurance, additional interest because of delay in completing the Work, and all other direct, indirect, and consequential costs incurred by the Owner by reason of the termination of the Contractor as stated herein. The Owner shall be entitled to hold all amounts due the Contractor at the date of termination until all of the Owner's costs have been established, and to apply such amounts to such costs. Should the Owner's termination of the Contractor for Cause be challenged, and should such challenge prevail, then the Owner's termination of the Contractor shall be deemed to have been a Termination for Convenience, and Contractor's entitlement to compensation shall be determined in accordance with paragraph 3 below.

Termination by the Owner for Cause. The If Design Professional through any cause fails to perform any of the material terms, covenants or provisions of this Contract, or fails to perform them properly, or if he or she for any cause fails to perform such services within the time required hereunder (or if no time is specified, within a reasonable time), then Owner may shall have the right to terminate this Contract by giving notice in writing of the Contract due fact and date of such termination to the Contractor's inability to perform for these reasons: • Refusal or failure to supply properly skilled workers or materials; • Disregarding the laws, ordinances or regulations of public authorities having jurisdiction over the Work; or • Substantially breaching provisions Design Professional. The termination date shall be no less than seven (7) calendar days after receipt of the Contract Documentstermination notice. If such conditions exist Upon termination, all Instruments of Service, including all drawings, models, specifications and other documents relating to the Owner may, without prejudice of any other rights or remedies design of the Owner, after having given the Contractor and the Contractor's surety seven days written notice, terminate the Agreement and, subject to any prior rights Project or Construction Contract Administration of the surety: • Take possession of the site and materials, equipment, tools, and machinery therein owned Work shall be surrendered forthwith by the Contractor; • Accept assignment of Subcontracts; and • Finish the work by whatever means are available Design Professional to the Owner. Should In such case, the Work be terminated according Design Professional shall receive proper compensation for such services that have been satisfactorily performed by the Design Professional up to the date of termination of this section Contract, less any damages incurred by Owner resulting from any breach hereof or negligent act or omission by Design Professional. In the Contractor shall not be entitled to receive further payment until the Work is finished. If the unpaid balance event of the Contract Amount exceeds the costs of finishing the worka dispute, such excess proper compensation shall be used determined by an independent auditor, to pay whom the Contractor amounts Design Professional shall have no reasonable objection, selected and paid for by the Owner. The Owner may take over the services to be provided hereunder and may prosecute the same to completion by contract or otherwise, and the Design Professional shall be liable to the Owner for any excess cost occasioned the Owner thereby. The Design Professional shall also be liable for any other damages, costs, losses and expenses (including, but not limited to, reasonable attorneys’ fees) incurred by Owner, including but not limited to any and all damages, costs, losses and expenses due to delays in the Overall Project Schedule caused by or resulting from the Design Professional’s breach hereof or negligent act or omission. exhibits Exhibit A Program Exhibit B Design Professional’s Key Personnel and Consultants Exhibit C Schedule of Hourly Rates and Unit Prices for materials Additional Services Exhibit D Schedule of Site Visits Exhibit E Preliminary Design and equipment stored on site and Work completed Construction Schedule Exhibit F Owner’s Instructions to Design Professionals Exhibit G CM/GC Forms Packet Exhibit H Description of Additional Services Principal-In-Charge     Project Director     Insert Title     Insert Title     Insert Title     Insert Title     Insert Title     Insert Title     Insert Title     Role Description Firm or Name of Consultant Interior Designer   Civil Engineer   Landscape Designer   Mechanical Engineer   Electrical Engineer   Plumbing Engineer   Structural Engineer   Other   Other   Other   Other   Other   The following hourly rates shall apply to Additional Services in accordance with the terms of the Contract. These hourly rates may be adjustable annually on the anniversary date of this Contract Documents which has been Certified by subject to the Architect/Engineer customary salary policies of the Design Team member firms and accepted by the approval of the Owner. If such costs exceed the unpaid balanceFor Senior Principal – at a rate of $  per hour. For Principal – at a rate of $  per hour. For Project Architect / Engineer – at a rate of $  per hour. For Staff Senior Architect / Staff Senior Engineer – at a rate of $  per hour. For Staff Intern Architect / Junior Engineer – at a rate of $  per hour. For CADD Draftsman – at a rate of $  per hour. For Specifications Writer – at a rate of $  per hour. For Administrative Support – at a rate of $  per hour. For Construction Inspector – at a rate of $  per hour. For Other – at a rate of $  per hour. Architect $  Civil Engineer $  Landscape Design Professional $  Civil Engineer $  Structural Engineer $  Mechanical Engineer $  Electrical Engineer $  Building Official $  Other $  Other $  Schedule D-1 (Part I): Anticipated Meetings with Owner and Using Agency to Develop and Review and Project Design Meetings include participation by architect, the Contractor shall pay the difference to the Ownerstructural engineer, which obligation for payment shall survive the termination of the Agreement. The costs of finishing the Work includecivil engineer, without limitation, all reasonable attorney's fees, additional title costs, insurance, additional interest because of delay in completing the Workmechanical engineer, and all other directelectrical engineer and specialty consultants, indirect, and consequential costs incurred by the Owner by reason of the termination of the Contractor as stated herein. The Owner shall be entitled to hold all amounts due the Contractor at the date of termination until all of the Owner's costs have been established, and to apply such amounts to such costs. Should the Owner's termination of the Contractor for Cause be challenged, and should such challenge prevail, then the Owner's termination of the Contractor shall be deemed to have been a Termination for Convenience, and Contractor's entitlement to compensation shall be determined in accordance with paragraph 3 belowneeded.

Termination by the Owner for Cause. The Owner If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement if the Contract due to the Contractor's inability to perform for these reasons: • Refusal Architect:by giving not less than seven days’ written notice. .1 refuses or failure fails to supply enough properly skilled workers professionals, administrative staff, and subconsultants; .2 fails to make payment to one or materialsmore subconsultants in accordance with the respective agreements between the Architect and the subconsultants; • Disregarding the laws, ordinances or regulations .5 is otherwise guilty of public authorities having jurisdiction over the Work; or • Substantially breaching provisions substantial breach of a provision of the Contract DocumentsAgreement which remains uncured after ten (10) days’ notice and the opportunity to cure. If such conditions exist When any of the above reasons exists, the Owner may, without prejudice of to any other rights or remedies of remedy the OwnerOwner may have, and after having given giving the Contractor Architect ten (10) days’ notice and the Contractor's surety seven days written noticeopportunity to cure, terminate the Contract. When the Owner terminates the Agreement and, subject to any prior rights for one of the surety: • Take possession of reasons stated above, the site and materials, equipment, tools, and machinery therein owned by the Contractor; • Accept assignment of Subcontracts; and • Finish the work by whatever means are available to the Owner. Should the Work be terminated according to this section the Contractor Architect shall not be entitled to receive further payment until the Work is services are finished. If To the extent the unpaid balance of the Contract Amount Architect’s compensation exceeds the costs and damages of finishing the workservices, such excess shall including compensation for other design professional services and expenses made necessary thereby, and other damages incurred or to be used to pay the Contractor amounts due for materials and equipment stored on site and Work completed in accordance with the Contract Documents which has been Certified by the Architect/Engineer and accepted incurred by the Owner, the Architect shall be paid the remainder of its compensation for services actually and properly performed before termination. The Architect shall not be entitled to damages or compensation of any kind resulting from termination, including, but not limited to (1) any compensation for unperformed services, including, but not limited to, profit, markup or overhead for such services, (2) alleged damages to reputation, (3) alleged damages for interference with contractual relations, (4) consequential damages on this Project or other projects, or (5) demobilization, reallocation of employees, or other costs incurred by reason of termination. If such costs and damages of finishing the Work, including compensation for other design professional services and expenses made necessary thereby, and other damages incurred by the Owner, exceed the unpaid balancebalance of the Architect’s compensation, the Contractor Architect shall pay the difference to the Owner, which obligation . Any termination for payment shall survive the termination of the Agreement. The costs of finishing the Work include, without limitation, all reasonable attorney's fees, additional title costs, insurance, additional interest because of delay in completing the Work, and all other direct, indirect, and consequential costs incurred cause by the Owner later deemed to be wrongful by reason of the termination of the Contractor as stated herein. The Owner an appropriate court shall be entitled converted to hold all amounts due the Contractor at the date of a termination until all of the Owner's costs have been established, and to apply such amounts to such costs. Should the Owner's termination of the Contractor for Cause be challenged, and should such challenge prevail, then the Owner's termination of the Contractor shall be deemed to have been a Termination for Convenience, and Contractor's entitlement to compensation shall be determined in accordance with paragraph 3 convenience governed by Section 9.5 below.

Termination by the Owner for Cause. The Owner may terminate the Contract due to the Contractor's inability to perform for these reasons: • Refusal or failure to supply properly skilled workers or materials; • Disregarding the laws, ordinances or regulations of public authorities having jurisdiction over the Work; or • Substantially breaching provisions of the Contract Documents. If such conditions exist the Owner may, without prejudice of any other rights or remedies of the Owner, after having given the Contractor and the Contractor's surety seven days written notice, terminate the Agreement and, subject to any prior rights of the surety: • Take possession of the site and materials, equipment, tools, and machinery therein owned by the Contractor; . • Accept assignment of Subcontracts; and • Finish the work by whatever means are available to the Owner. Should the Work be terminated according to this section the Contractor shall not be entitled to receive further payment until the Work is finished. If the unpaid balance of the Contract Amount exceeds the costs of finishing the work, such excess shall be used to pay the Contractor amounts due for materials and equipment stored on site and Work completed in accordance with the Contract Documents which has been Certified by the Architect/Engineer and accepted by the Owner. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner, which obligation for payment shall survive the termination of the Agreement. The costs of finishing the Work include, without limitation, all reasonable attorney's fees, additional title costs, insurance, additional interest because of delay in completing the Work, and all other direct, indirect, and consequential costs incurred by the Owner by reason of the termination of the Contractor as stated herein. The Owner shall be entitled to hold all amounts due the Contractor at the date of termination until all of the Owner's costs have been established, and to apply such amounts to such costs. Should the Owner's termination of the Contractor for Cause be challenged, and should such challenge prevail, then the Owner's termination of the Contractor shall be deemed to have been a Termination for Convenience, and Contractor's entitlement to compensation shall be determined in accordance with paragraph 3 below.

Termination by the Owner for Cause. The Owner OWNER may terminate the Contract due to the ContractorCONTRACTOR's inability to perform for these reasons: • Refusal or failure to supply properly skilled workers or materials; • Disregarding the laws, ordinances or regulations of public authorities having jurisdiction over the Work; or • Substantially breaching provisions of the Contract Documents. If such conditions exist the Owner OWNER may, without prejudice of any other rights or remedies of the OwnerOWNER, after having given the Contractor CONTRACTOR and the ContractorCONTRACTOR's surety seven days written notice, terminate the Agreement and, subject to any prior rights of the surety: • Take possession of the site and materials, equipment, tools, and machinery therein owned by the ContractorCONTRACTOR; • Accept assignment of Subcontracts; and • Finish the work by whatever means are available to the OwnerOWNER. Should the Work be terminated according to this section the Contractor CONTRACTOR shall not be entitled to receive further payment until the Work is finished. If the unpaid balance of the Contract Amount exceeds the costs of finishing the work, such excess shall be used to pay the Contractor CONTRACTOR amounts due for materials and equipment stored on site and Work completed in accordance with the Contract Documents which has been Certified by the Architect/Engineer OWNERS AUTHORIZED REPRESENTATIVE and accepted by the OwnerOWNER. If such costs exceed the unpaid balance, the Contractor CONTRACTOR shall pay the difference to the OwnerOWNER, which obligation for payment shall survive the termination of the Agreement. The costs of finishing the Work include, without limitation, all reasonable attorney's fees, additional title costs, insurance, additional interest because of delay in completing the Work, and all other direct, indirect, and consequential costs incurred by the Owner OWNER by reason of the termination of the Contractor CONTRACTOR as stated herein. The Owner OWNER shall be entitled to hold all amounts due the Contractor CONTRACTOR at the date of termination until all of the OwnerOWNER's costs have been established, and to apply such amounts to such costs. Should the OwnerOWNER's termination of the Contractor CONTRACTOR for Cause be challenged, and should such challenge prevail, then the OwnerOWNER's termination of the Contractor CONTRACTOR shall be deemed to have been a Termination for Convenience, and ContractorCONTRACTOR's entitlement to compensation shall be determined in accordance with paragraph 3 below.

Termination by the Owner for Cause. The Owner may terminate 13.1.1. If the Design-Builder is adjudged a bankrupt, or if it makes a general assignment for the benefit of its creditors, or if a receiver is appointed on account of its insolvency, or if it persistently or repeatedly refuses or fails, except for cases in which extension of Contract due Time is provided, to the Contractor's inability to perform for these reasons: • Refusal or failure to supply provide enough properly skilled workers or materials; • Disregarding the sufficient proper materials to stay on schedule, or if it fails to make prompt payment to Contractors or for materials or labor, or persistently disregards laws, ordinances ordinances, rules, regulations or regulations orders of any public authorities authority having jurisdiction over the Work; jurisdiction, or • Substantially breaching provisions is guilty of a substantial violation of a provision of the Contract Documents. If such conditions exist , or is otherwise in default of its obligations under the Contract Documents, then the Owner may, without prejudice of to any other rights right or remedies of remedy, and after giving the OwnerDesign- Builder and its surety, after having given the Contractor and the Contractor's surety if any, seven (7) days written notice, terminate the Agreement and, subject to any prior rights employment of the surety: • Take Design-Builder. In such case, the Owner may take possession of the site and of all materials, equipment, tools, construction equipment and machinery therein thereon owned by the Contractor; • Accept assignment of Subcontracts; Design- Builder and • Finish may finish the work Work by whatever means are available to method the OwnerOwner may deem expedient. 13.1.2. Should In the Work be terminated according to this section event of termination of the Contractor Agreement by the Owner for cause, the Design-Builder shall not be entitled to receive further payment until the Work is finishedcompleted. If the unpaid balance of the Contract Amount GMP exceeds the costs of finishing completing the workWork, including compensation for the Architect's additional services made necessary as a result of the termination, such excess shall be used paid to pay the Contractor amounts due for materials and equipment stored on site and Work completed in accordance with the Contract Documents which has been Certified by the Architect/Engineer and accepted by the OwnerDesign-Builder. If such costs exceed the unpaid balance, the Contractor Design-Builder shall pay the difference to the Owner. The amount to be paid to the Design-Builder or the Owner, which as the case may be, shall be certified by the Architect, upon application, in the manner provided in Article 4, and this obligation for payment shall survive the termination of the Agreement. 13.1.3. The costs In the event of finishing termination of the Work include, without limitation, all reasonable attorney's fees, additional title costs, insurance, additional interest because of delay in completing the Work, and all other direct, indirect, and consequential costs incurred Agreement by the Owner by reason for cause for breach of Section 14 of the Agreement, any such termination shall be effected by delivering to the Design-Builder a notice of termination specifying the extent to which performance of Work under the Agreement is terminated and the date upon which said termination becomes effective. Upon receipt of the Contractor as stated hereinnotice of termination, the Design-Builder shall act promptly to minimize the expenses resulting from such termination. The Owner shall pay the Design-Builder the actual costs and expenses, necessarily incurred by the Design- Builder as of the termination date, which such costs and expenses shall not exceed the pro-rated amount of the GMP, as the same has been modified by Change Orders, such pro-ration to be entitled to hold based on the percentage of all amounts due the Contractor Work completed at the date effective time of termination until termination, as determined by the Parties, pursuant to a final Application for Payment submitted by the Design-Builder, less all of the Owner's costs have been established, and to apply such amounts to such costs. Should the Owner's termination of the Contractor for Cause be challenged, and should such challenge prevail, then the Owner's termination of the Contractor shall be deemed to have been a Termination for Convenience, and Contractor's entitlement to compensation shall be determined in accordance with paragraph 3 belowprogress payments previously made.

Termination by the Owner for Cause. The Owner may terminate the Contract due to the Contractor's inability to perform for these reasons: • Refusal or failure to supply properly skilled workers or materials; • Disregarding the laws, ordinances or regulations of public authorities having jurisdiction over the Work; or • Substantially breaching provisions of the Contract Documents. If such conditions exist the Owner may, without prejudice of any other rights or remedies of the Owner, after having given the Contractor and the Contractor's surety seven days written notice, terminate the Agreement and, subject to any prior rights of the surety: • Take possession of the site and materials, equipment, tools, and machinery therein owned by the Contractor; • Accept assignment of Subcontracts; and • Finish the work by whatever means are available to the Owner. Should the Work be terminated according to this section the Contractor shall not be entitled to receive further payment until the Work is finished. If the unpaid balance of the Contract Amount exceeds the costs of finishing the work, such excess shall be used to pay the Contractor amounts due for materials and equipment stored on site and Work completed in accordance with the Contract Documents which has been Certified by the Architect/Engineer and accepted by the Owner. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner, which obligation for payment shall survive the termination of the Agreement. The costs of finishing the Work include, without limitation, all reasonable attorney's fees, additional title costs, insuranceinsuranc e, additional interest because of delay in completing the Work, and all other direct, indirect, and consequential costs incurred by the Owner by reason of the termination of the Contractor as stated herein. The Owner shall be entitled to hold all amounts due the Contractor at the date of termination until all of the Owner's costs have been established, and to apply such amounts to such costs. Should the Owner's termination of the Contractor for Cause be challenged, and should such challenge prevail, then the Owner's termination of the Contractor shall be deemed to have been a Termination for Convenience, and Contractor's entitlement to compensation shall be determined in accordance with paragraph 3 below.

Termination by the Owner for Cause. The Owner may terminate the Contract due to the Contractor's inability to perform for these reasons: • Refusal or failure to supply properly skilled workers or materials; • Disregarding the laws, ordinances or regulations of public authorities having jurisdiction over the Work; or • Substantially breaching provisions of the Contract Documents. If such conditions exist the Owner may, without prejudice of any other rights or remedies of the Owner, after having given the Contractor and the Contractor's surety seven days written notice, terminate the Agreement and, subject to any prior rights of the surety: • Take possession of the site and materials, equipment, tools, and machinery therein owned by the Contractor; • Accept assignment of Subcontracts; and • Finish the work by whatever means are available to the Owner. Should the Work be terminated according to this section the Contractor shall not be entitled to receive further payment until the Work is finished. If the unpaid balance of the Contract Amount exceeds the costs of finishing the work, such excess shall be used to pay the Contractor amounts due for materials and equipment stored on site and Work completed in accordance with the Contract Documents which has been Certified by the Architect/Engineer and accepted by the Owner. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner, which obligation for payment shall survive the termination of the Agreement. The costs of finishing the Work include, without limitation, all reasonable attorney's fees, additional title costs, insurance, additional interest because of delay in completing the Work, and all other direct, indirect, and consequential costs incurred by the Owner by reason of the termination of the Contractor as stated herein. The Owner shall be entitled to hold all amounts due the Contractor at the date of termination until all of the Owner's costs have been established, and to apply such amounts to such costs. Should the Owner's termination of the Contractor for Cause be challenged, and should such challenge prevail, then the Owner's termination of the Contractor shall be deemed to have been a Termination for Convenience, and Contractor's entitlement to compensation shall be determined in accordance with paragraph 3 below.

Termination by the Owner for Cause. The Owner may terminate the Contract due to the Contractor's inability to perform for these reasons: • Refusal or failure to supply properly skilled workers or materials; • Disregarding the laws, ordinances or regulations of public authorities having jurisdiction over the Work; or • Substantially breaching provisions of the Contract Documents. If such conditions exist the Owner may, without prejudice of any other rights or remedies of the Owner, after having given the Contractor and the Contractor's surety seven days written notice, terminate the Agreement and, subject to any prior rights of the surety: • Take possession of the site and materials, equipment, tools, and machinery therein owned by the Contractor; • Accept assignment of Subcontracts; and • Finish the work by whatever means are available to the Owner. Should the Work be terminated according to this section the Contractor shall not be entitled to receive further payment until the Work is finished. If the unpaid balance of the Contract Amount exceeds the costs of finishing the work, such excess shall be used to pay the Contractor amounts due for materials and equipment stored on site and Work completed in accordance with the Contract Documents which has been Certified by the Architect/Engineer and accepted by the Owner. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner, which obligation for payment shall survive the termination of the Agreement. The costs of finishing the Work include, without limitation, all reasonable attorney's fees, additional title costs, insurance, additional interest because of delay in completing the Work, and all other direct, indirect, and consequential costs incurred by the Owner by reason of the termination of the Contractor as stated herein. The Owner shall be entitled to hold all amounts due the Contractor at the date of termination until all of the Owner's costs have been established, and to apply such amounts to such costs. Should the Owner's termination of the Contractor for Cause be challenged, and should such challenge prevail, then the Owner's termination of the Contractor shall be deemed to have been a Termination for Convenience, and Contractor's entitlement to compensation shall be determined in accordance with paragraph 3 below.

Termination by the Owner for Cause. The Owner may terminate the Contract due to the Contractor's inability to perform for these reasons: • Refusal or failure to supply properly skilled workers or materials; • Disregarding the laws, ordinances or regulations of public authorities having jurisdiction over the Work; or • Substantially breaching provisions of the Contract Documents. If such conditions exist the Owner may, without prejudice of any other rights or remedies of the Owner, after having given the Contractor and the Contractor's surety seven days written notice, terminate the Agreement and, subject to any prior rights of the surety: • Take possession of the site and materials, equipment, tools, and machinery therein owned by the Contractor; • Accept assignment of Subcontracts; and • Finish the work by whatever means are available to the Owner. Should the Work be terminated according to this section the Contractor shall not be entitled to receive further payment until the Work is finished. If the unpaid balance of the Contract Amount exceeds the costs of finishing the work, such excess shall be used to pay the Contractor amounts due for materials and equipment stored on site and Work completed in accordance with the Contract Documents which has been Certified by the Architect/Engineer and accepted by the Owner. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner, which obligation for payment shall survive the termination of the Agreement. The costs of finishing the Work include, without limitation, all reasonable attorney's fees, additional title costs, insurance, additional interest because of delay in completing the Work, and all other direct, indirect, and consequential costs incurred by the Owner by reason of the termination of the Contractor as stated herein. The Owner shall be entitled to hold all amounts due the Contractor at the date of termination until all of the Owner's costs have been established, and to apply such amounts to such costs. Should the Owner's termination of the Contractor for Cause be challenged, and should such challenge prevail, then the Owner's termination of the Contractor shall be deemed to have been a Termination for Convenience, and Contractor's entitlement to compensation shall be determined in accordance with paragraph 3 below.