TERMINATION FOR THE CONVENIENCE OF THE OWNER. 12.1.1 The Owner may, in its discretion and without cause, by written notice to the Contractor terminate this Agreement for the Owner’s convenience at any time. 12.1.2 Upon receipt of a written notice from the Owner terminating this Agreement without cause and for the Owner’s convenience, the Contractor will (i) immediately cease performing the Work, unless otherwise directed by the Owner, in which case the Contractor will take the action directed by the Owner, (ii) take all reasonable and necessary action to protect and preserve the Work, and (iii) unless otherwise directed by the Owner, terminate all agreements with subcontractors and suppliers. 12.1.3 If this Agreement is terminated without cause and for the Owner’s convenience, the Owner will pay the Contractor (i) for Work performed under this Agreement up to the date the notice of termination is received by the Contractor at the rates for Work performed under this Agreement, including overhead and profit for the Work performed up to the date of termination, (ii) for Work performed at the direction of the Owner on and after the date on which the notice of termination is received by the Contractor, as determined by the procedures applicable to Change Orders, (iii) for Work necessary to protect and preserve the Work, as determined by the procedures applicable to Change Orders, (iv) the reasonable and necessary costs of terminating the Contractor’s agreements with subcontractors and suppliers, and (v) other costs incurred by the Contractor directly as a result of the termination of this Agreement. 12.1.4 The termination of this Agreement will be without prejudice to any rights or remedies that exist at the time of termination.
Appears in 2 contracts
Sources: Owner Contractor Agreement, Owner Contractor Agreement
TERMINATION FOR THE CONVENIENCE OF THE OWNER. 12.1.1 The Owner may, in its discretion and without cause, by written notice to the Contractor terminate this Agreement for the Owner’s convenience at any time.
12.1.2 Upon receipt of a written notice from the Owner terminating this Agreement without cause and for the Owner’s convenience, the Contractor will (i) immediately cease performing the Work, unless otherwise directed by the Owner, in which case the Contractor will take the action directed by the Owner, (ii) take all reasonable and necessary action to protect and preserve the Work, and (iii) unless otherwise directed by the Owner, terminate all agreements with subcontractors and suppliers.
12.1.3 If this Agreement is terminated without cause and for the Owner’s convenience, the Owner will pay the Contractor (i) for Work performed under this Agreement up to the date the notice of termination is received by the Contractor at the rates for Work performed under this Agreement, including overhead and profit for the Work performed up to the date of termination, (ii) for Work performed at the direction of the Owner on and after the date on which the notice of termination is received by the Contractor, as determined by the procedures applicable to Change Orders, (iii) for Work necessary to protect and preserve the Work, as determined by the procedures applicable to Change Orders, (iv) . Contractor shall not be entitled to overhead and profit on the reasonable and necessary costs of terminating the Contractor’s agreements with subcontractors and suppliers, and (v) other costs incurred by the Contractor directly as a result of the termination of this AgreementWork that is terminated.
12.1.4 The termination of this Agreement will be without prejudice to any rights or remedies that exist at the time of termination.
Appears in 1 contract
Sources: Owner Contractor Agreement