Cease and Desist Order. In the event the Contractor fails or refuses to perform the work as required herein, the Owner may instruct the Contractor to cease and desist from performing further work in whole or in part. Upon receipt of such instruction, the Contractor shall immediately cease and desist as instructed by the Owner and shall not proceed further until the cause for the Owner's instructions has been corrected, no longer exists, or the Owner instructs that the work may resume. In the event the Owner issues such instructions to cease and desist, and in the further event that the Contractor fails and refuses within seven (7) days of receipt of same to provide adequate assurance to the Owner that the cause of such instructions will be eliminated or corrected, then the Owner shall have the right, but not the obligation, to carry out the work with its own forces, or with the forces of another contractor, and the Contractor shall be fully responsible and liable for the costs of performing such work by the Owner. The rights set forth herein are in addition to, and without prejudice to, any other rights or remedies the Owner may have against the Contractor.
Cease and Desist Order. If the DB fails or refuses to perform or fails to correct defective Work as required, or persistently fails to carry out the Work in accordance with the Contract, the Owner may, by written notice, order the DB to cease and desist in performing the Work or any portion of the Work until the cause for the order has been eliminated to the satisfaction of the Owner. Upon receipt of such instruction, the DB shall immediately cease and desist as instructed by the Owner and shall not proceed further until the cause for the Owner’s order has been corrected, no longer exists, or the Owner instructs that the Work may resume.
23.1.1 The DB shall not be entitled to an adjustment in the Contract Time, the GMP, or the Contract Sum under this clause since such stoppages are considered to be the fault of the DB.
23.1.2 The right of the Owner to stop Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the DB or others.
23.1.3 In the event the Owner issues instructions to cease and desist, and in the further event that the DB fails and refuses with seven (7) calendar days to provide adequate assurance to the Owner that the cause of such instructions will be eliminated or corrected, then the Owner shall have the right, but not the obligation, to carry out the Work or any portion of the Work with its own forces, or with the forces of another construction manager or contractor, and the DB shall be responsible for the cost of performing such Work by the Owner.
23.1.4 The rights set forth herein are in addition to, and without prejudice to, any other rights or remedies the Owner may have against the DB.
Cease and Desist Order. The Union or the Corporation may apply to an arbitrator of the national list for the issuance of an interlocutory order to cease and desist in the nature of an interlocutory injunction in accordance with the procedure set out below.
Cease and Desist Order. If either Party shall be required to cease and desist from the performance of Transportation Services or other obligations set forth in this Agreement by reason of any provision of law, order of any court, commission or other public authority;
Cease and Desist Order. If the Construction Manager fails or refuses to perform or fails to correct defective Work as required, or persistently fails to carry out the Work in accordance with the Agreement, the County may, by written notice, order the Construction Manager to cease and desist in performing the Work or any portion of the Work until the cause for the order has been eliminated to the satisfaction of the County. Upon receipt of such instruction, the Construction Manager shall immediately cease and desist as instructed by the County and shall not proceed further until the cause for the County’s order has been corrected, no longer exists, or the County instructs that the Work may resume.
23.1.1 The Construction Manager shall not be entitled to an adjustment in the time for performance or the Construction Price under this clause since such stoppages are considered to be the fault of the Construction Manager.
23.1.2 The right of the County to stop Work will not give rise to a duty on the part of the County to exercise this right for the benefit of the Construction Manager or others.
23.1.3 In the event the County issues instructions to cease and desist, and in the further event that the Construction Manager fails and refuses with seven (7) calendar days to provide adequate assurance to the County that the cause of such instructions will be eliminated or corrected, then the County will have the right, but not the obligation, to carry out the Work in accordance with Paragraph 23.2 below, or any portion of the Work with its own forces, or with the forces of another contractor, and the Construction Manager will be responsible for the cost of performing such Work by the County.
23.1.4 The rights set forth in this Agreement are in addition to, and without prejudice to, any other rights or remedies the County may have against the Construction Manager.
Cease and Desist Order. In the event the Contractor fails or refuses to perform the Work as required herein, the Owner may instruct the Contractor to cease and desist from performing further Work in whole or in part. Upon receipt of such instruction, the Contractor shall immediately cease and desist as instructed by the Owner and shall not proceed further until the cause for the Owner's instructions has been corrected, no longer exists, or the Owner instructs that the Work may resume. In the event the Owner issues such instructions to cease and desist, and in the further event that the Contractor fails and refuses within seven (7) days of receipt of same to provide adequate assurance to the Owner that the cause of such instructions will be eliminated or corrected, then the Owner shall have the right, but not the obligation, to carry out the Work with its own forces, or with the forces of another contractor, and the Contractor shall be fully responsible and liable for the costs of performing such Work by the Owner. In such case, an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies, including the cost of the Architect’s additional services made necessary by such default, neglect or failure. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. The rights set forth herein are in addition to, and without prejudice to, any other rights or remedies the Owner may have against the Contractor.
Cease and Desist Order. Xxxxxxxx Xxxx and theProsecution Team agree to settle the Draft CDO as follows:
a. Xxxxxxxx Xxxx shall comply with the October Curtailment Order and with the Emergency Regulations for the duration of the October Curtailment Order and Emergency Regulations. Stanford Vina's promise to comply with the October Curtailment Order and with the Emergency Regulations under this Stipulation shall not extend to renewals of either the October Curtailment Order or the Emergency Regulations or any equivalent extension having the approximate same effect that would extend beyond tfebruary 28, 2015.
x. Xxxxxxxx Xxxx will maintain a daily record of all of its diversions from Deer Creek, and of the flows registered at the Department of Water Resources gaging station below Stanford Vina's points of diversion through tfebruary 28, 2015, and will make such records available to the State Water Board no later than March 15,2015.
Cease and Desist Order. (1) The Union or the Corporation may apply to an arbitrator of the national list for the issuance of an interlocutory order to cease and desist in the nature of an interlocutory injunction in accordance with the following procedure:
(2) A grievance claiming a contravention of the Collective Agreement and seeking the issuance of such an interlocutory order shall be presented at the national level in accordance with clause 9.08(b) in the case of a Union grievance or by letter addressed to the National President of the Union in the case of grievance by the Corporation. The application shall be sufficiently detailed as to the circumstances relied upon and as to the order sought. The application shall be signed by a National Representative of the Union member of its Executive Committee in Ottawa or as the case may be, by an officer of the Corporation or its National Corporate Manager, Labour Relations in Ottawa.
(3) The application for an interlocutory order shall be referred to the national list arbitrator to whom the next grievance should be referred according to the rotation rules.
(4) A period of at least five (5) working days must occur between the date of the presentation of the application and the date of its hearing by the arbitrator.
(5) The arbitrator to whom the application is referred must hear the parties as soon as is possible. If necessary, he/she may use a date of hearing already reserved for another grievance and displace same to a later date.
(6) The arbitrator hearing the application may issue an interlocutory order to cease and desist if he/she sees fit and if satisfied in particular of the following:
(a) that the evidence discloses a "prima facie" case of the existence of a contravention of the Collective Agreement or that such a contravention is about to occur;
(b) the situation is urgent;
(c) the balance of inconvenience favours the granting of such order;
(d) that without such order, the consequences of the contravention would be severe and could not be eventually corrected or compensated adequately;
(e) that there is no other useful recourse.
(7) The arbitrator may subject the issuance of an interlocutory order to any condition(s) that he/she deems equitable.
(8) Such interlocutory order shall not be in effect for more than twenty
Cease and Desist Order. If the Construction Manager fails or refuses to perform or fails to correct defective Work as required, or persistently fails to carry out the Work in accordance with the Agreement, the Owner may, by written notice, order the Construction Manager to cease and desist in performing the Work or any portion of the Work until the cause for the order has been eliminated to the satisfaction of the Owner. Upon receipt of such instruction, the Construction Manager shall immediately cease and desist as instructed by the Owner and shall not proceed further until the cause for the Owner’s order has been corrected, no longer exists, or the Owner instructs that the Work may resume.
15.1.1 The Construction Manager shall not be entitled to an adjustment in the time for performance or the Contract Price under this clause since such stoppages are considered to be the fault of the Construction Manager.
15.1.2 The right of the Owner to stop Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Construction Manager or others.
Cease and Desist Order. In the event CONTRACTOR fails or refuses to perform the work as required herein, METRO may instruct CONTRACTOR to cease and desist from performing further work in whole or in part. Upon receipt of such instruction, CONTRACTOR shall immediately cease and desist as instructed by METRO and shall not proceed further until the cause for METRO's instruction has been corrected, or no longer exists, or METRO instructs that the work may resume. In the event METRO issues such instruction to cease and desist and in the further event that CONTRACTOR fails and refuses within seven (7) days of receipt of same to provide adequate assurances to METRO that the cause for such instruction will be eliminated or corrected, then METRO shall have the right, but not the obligation, to carry out the work with its own force or with the forces of another contractor, and CONTRACTOR shall be fully responsible and liable for the costs of performing such work. The rights set forth herein are in addition to, and without prejudice to, any other rights or remedies METRO may have against CONTRACTOR.
