Common use of Change Order in Event of Suspension Clause in Contracts

Change Order in Event of Suspension. ‌ (a) Seller may, at any time prior to thirty (30) days after receipt of notice to resume progress of the Work under Section 16.3 (“Resumption of Work”), notify Buyer of its request for a Change Order as a result of suspension by Buyer under Section 16.1 (“Order to Suspend”). (b) Seller shall, within seven (7) Business Days following receipt of any notice from Buyer indicating Buyer’s intention to suspend the performance of all or any portion of the Work pursuant to Section 16.1 (“Order to Suspend”), deliver to Buyer an itemized account of the estimated charges and costs which Seller believes will be incurred by Buyer pursuant to as a result of such suspension. Seller shall make a good faith estimate of such charges and cost that will be accurate within a range of plus or minus five percent (5%). Following receipt of such estimate, Buyer shall have the right by written notice to Seller at any time prior to the effective date of suspension specified in Buyer’s suspension notice to either (i) revoke its decision to suspend performance, in which event Seller will not suspend performance of such Work, (ii) instruct Seller to suspend performance in accordance with the terms of Buyer’s suspension notice and to confirm that the charges and costs quoted by Seller are acceptable, or (iii) instruct Seller to suspend performance in accordance with the terms of Buyer’s suspension notice, with Buyer reserving the right to contest the charges and costs quoted by Seller. (c) In the event of such suspension, Seller shall, unless the notice requires otherwise: (i) Discontinue the Work on the date and to the extent specified in the notice; (ii) Place no further orders or subcontracts for Equipment, Plant or services with respect to the suspended Work, other than to the extent required in the notice; (iii) Promptly make every reasonable effort to obtain suspension, upon terms reasonably satisfactory to Buyer, of all orders, subcontracts and rental agreements to the extent they relate to performance of the Work suspended; and (iv) Unless otherwise specifically stated in the notice, continue to protect and maintain the Work theretofore completed, including the Work suspended hereunder.

Change Order in Event of Suspension. ‌ (a) Seller may, at any time prior to thirty (30) days after receipt of notice to resume progress of the Work under Section 16.3 (“Resumption of Work”), notify Buyer of its request for a Change Order as a result of suspension by Buyer under Section 16.1 (“Order to Suspend”). (b) Seller shall, within seven (7) Business Days following receipt of any notice from Buyer indicating Buyer’s intention to suspend the performance of all or any portion of the Work pursuant to Section 16.1 (“Order to Suspend”), deliver to Buyer an itemized account of the estimated charges and costs which Seller believes will be incurred by Buyer pursuant to as a result of such suspension. Seller shall make a good faith estimate of such charges and cost that will be accurate within a range of plus or minus five percent (5%). Following receipt of such estimate, Buyer shall have the right by written notice to Seller at any time prior to the effective date of suspension specified in Buyer’s suspension notice to either (i) revoke its decision to suspend performance, in which event Seller will not suspend performance of such Work, (ii) instruct Seller to suspend performance in accordance with the terms of Buyer’s suspension notice and to confirm that the charges and costs quoted by Seller are acceptable, or (iii) instruct Seller to suspend performance in accordance with the terms of Buyer’s suspension notice, with Buyer reserving the right to contest the charges and costs quoted by Seller. (c) In the event of such suspension, Seller shall, unless the notice requires otherwise: (i) Discontinue the Work on the date and to the extent specified in the notice; (ii) (ii) Place no further orders or subcontracts for Equipment, Plant or services with respect to the suspended Work, other than to the extent required in the notice; (iii) Promptly make every reasonable effort to obtain suspension, upon terms reasonably satisfactory to Buyer, of all orders, subcontracts and rental agreements to the extent they relate to performance of the Work suspended; and (iv) Unless otherwise specifically stated in the notice, continue to protect and maintain the Work theretofore completed, including the Work suspended hereunder.

Change Order in Event of Suspension. ‌ (a) Seller may, at any time prior to thirty (30) days after receipt of notice to resume progress of the Work under Section 16.3 (“Resumption of Work”), notify Buyer of its request for a Change Order as a result of suspension by Buyer under Section 16.1 (“Order to Suspend”). (b) Seller shall, within seven (7) Business Days following receipt of any notice from Buyer indicating Buyer’s intention to suspend the performance of all or any portion of the Work pursuant to Section 16.1 (“Order to Suspend”), deliver to Buyer an itemized account of the estimated charges and costs which Seller believes will be incurred by Buyer pursuant to as a result of such suspension. Seller shall make a good faith estimate of such charges and cost that will be accurate within a range of plus or minus five percent (5%). Following receipt of such estimate, Buyer shall have the right by written notice to Seller at any time prior to the effective date of suspension specified in Buyer’s suspension notice to either (i) revoke its decision to suspend performance, in which event Seller will not suspend performance of such Work, (ii) instruct Seller to suspend performance in accordance with the terms of Buyer’s suspension notice and to confirm that the charges and costs quoted by Seller are acceptable, or (iii) instruct Seller to suspend performance in accordance with the terms of Buyer’s suspension notice, with Buyer reserving the right to contest the charges and costs quoted by Seller. (c) In the event of such suspension, Seller shall, unless the notice requires otherwise: (i) Discontinue the Work on the date and to the extent specified in the notice; (ii) (ii) Place no further orders or subcontracts for Equipment, Plant or services with respect to the suspended Work, other than to the extent required in the notice; (iii) Promptly make every reasonable effort to obtain suspension, upon terms reasonably satisfactory to Buyer, of all orders, subcontracts and rental agreements to the extent they relate to performance of the Work suspended; and (iv) Unless otherwise specifically stated in the notice, continue to protect and maintain the Work theretofore completed, including the Work suspended hereunder.

Change Order in Event of Suspension. ‌ (a) Seller Contractor may, at any time prior to thirty (30) days after receipt of notice to resume progress of the Work under Section 16.3 (“Resumption of Work”)above, notify Buyer Company of its request for a Change Order as a result of suspension by Buyer Company under Section 16.1 (“Order to Suspend”). (b) Seller Contractor shall, within seven (7) Business Days following receipt of any notice from Buyer Company indicating BuyerCompany’s intention to suspend the performance of all or any portion of the Work pursuant to Section 16.1 (“Order to Suspend”)16.1, deliver to Buyer Company an itemized account of the estimated charges and costs which Seller Contractor believes will be incurred by Buyer Company pursuant to as a result of such suspension. Seller Contractor shall make a good faith estimate of such charges and cost that will be accurate within a range of plus or minus five percent (5%). Following receipt of such estimate, Buyer Company shall have the right by written notice to Seller Contractor at any time prior to the effective date of suspension specified in BuyerCompany’s suspension notice to either (i) revoke its decision to suspend performance, in which event Seller Contractor will not suspend performance of such Work, (ii) instruct Seller Contractor to suspend performance in accordance with the terms of BuyerCompany’s suspension notice and to confirm that the charges and costs quoted by Seller Contractor are acceptable, or (iii) instruct Seller Contractor to suspend performance in accordance with the terms of BuyerCompany’s suspension notice, with Buyer Company reserving the right to contest the charges and costs quoted by SellerContractor. (c) In the event of such suspension, Seller Contractor shall, unless the notice requires otherwise: (i) Discontinue the Work on the date and to the extent specified in the notice; (ii) Place no further orders or subcontracts for Equipment, Plant or services with respect to the suspended Work, other than to the extent required in the notice; (iii) Promptly make every reasonable effort to obtain suspension, upon terms reasonably satisfactory to BuyerCompany, of all orders, subcontracts and rental agreements to the extent they relate to performance of the Work suspended; and (iv) Unless otherwise specifically stated in the notice, continue to protect and maintain the Work theretofore completed, including the Work suspended hereunder. (d) As full compensation for any such suspension, Contractor shall be reimbursed for the following costs, reasonably incurred, without duplication of any item, to the extent that such costs directly result from such suspension of Work, up to a maximum of one hundred and five percent (105%) of the estimate submitted by Contractor pursuant to the Contract hereof: (i) If determined necessary by Company, a standby charge to Contractor during the period of suspension of the Work, which standby charge shall be sufficient to compensate Contractor for the reasonable costs of keeping, to the extent required in the notice, its personnel and equipment committed to the Work in a standby status; (ii) Expenses reasonably and necessarily incurred by Contractor in connection with storage of Equipment pursuant to Section 16.2 (“Protection of Work”), including preparation for and placement into storage, handling, transportation, storage, inspection, preservation, taxes and insurance and any necessary rehabilitation prior to installation; and (iii) Reasonable costs associated with demobilization of Contractor’s personnel and equipment to the extent such costs are not recovered by Contractor in using such personnel and equipment on other projects during the standby period; and an equitable amount to reimburse Contractor for the actual cost to Contractor, if any, of maintaining and protecting that portion of the Work upon which activities have been suspended; Company shall have the right, upon reasonable advance written notice to Contractor, to inspect and audit Contractor’s books and records in order to verify the accuracy of and/or to determine the amount of any cost-based reimbursement associated with any suspension of the Work. (e) Contractor shall not be entitled to be paid any additional amounts under this article 16if and to the extent suspension is necessary by reason of default on the part of Contractor or persons for whom Contractor is responsible or for the proper execution or the safety of the Work, Equipment or Plant.