Common use of Commencement of Performance Clause in Contracts

Commencement of Performance. This Agreement is of no force and effect until signed by both parties and all Establishing JBE-required approvals are secured. Any commencement of performance prior to Agreement approval (and approval by a JBE of a Participating Addendum) shall be at Contractor's own risk. The Judicial Council and each JBE may, at any time, by Notice to Contractor, require Contractor to stop all or any part of the Work being provided to the Judicial Council or such JBE for a period up to ninety (90) days after the Notice is delivered to Contractor, and for any further period to which the Judicial Council or JBE and the Contractor may agree (“Stop Work Order”). The Stop Work Order shall be specifically identified as such and shall indicate it is issued under this provision. Upon receipt of the Stop Work Order, Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the Work covered by the Stop Work Order during the period of stoppage. Within ninety (90) days after a Stop Work Order is delivered to Contractor, or within any extension of that period to which the parties shall have agreed, the Judicial Council or JBE shall either (i) cancel the Stop Work Order; or (ii) terminate the Work covered by the Stop Work Order as provided for in this Agreement. If a Stop Work Order issued under this provision is canceled or the period of the Stop Work Order or any extension thereof expires, Contractor shall resume the performance of the Work. The Judicial Council or JBE shall make an equitable adjustment in the delivery schedule and the Participating Addendum shall be modified, in writing, accordingly, if: i. The Stop Work Order results in an increase in the time required for performance of any part of the Participating Addendum; and ii. Contractor requests an equitable adjustment within thirty (30) days after the end of the period of stoppage. The Judicial Council and JBEs shall not be liable to Contractor for loss of profits because of a Stop Work Order issued under this provision.

Commencement of Performance. This Agreement is of no force and effect until signed by both parties and all Establishing JBE-required approvals are secured. Any commencement of performance prior to Agreement approval (and approval by a JBE of a Participating Addendum) shall be at Contractor's own risk. The Judicial Council and each Each JBE may, at any time, by Notice to Contractor, require Contractor to stop all or any part of the Work being provided to the Judicial Council or such JBE for a period up to ninety (90) days after the Notice is delivered to Contractor, and for any further period to which the Judicial Council or JBE and the Contractor may agree (“Stop Work Order”). The Stop Work Order shall be specifically identified as such and shall indicate it is issued under this provision. Upon receipt of the Stop Work Order, Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the Work covered by the Stop Work Order during the period of stoppage. Within ninety (90) days after a Stop Work Order is delivered to Contractor, or within any extension of that period to which the parties shall have agreed, the Judicial Council or JBE shall either (i) cancel the Stop Work Order; or (ii) terminate the Work covered by the Stop Work Order as provided for in Appendix C, section 7 (Termination) of this Agreement. If a Stop Work Order issued under this provision is canceled or the period of the Stop Work Order or any extension thereof expires, Contractor shall resume the performance of the Work. The Judicial Council or JBE shall make an equitable adjustment in the delivery schedule and the Participating Addendum shall be modified, in writing, accordingly, if: i. : The Stop Work Order results in an increase in the time required for performance of any part of the Participating Addendum; and ii. and Contractor requests an equitable adjustment within thirty (30) days after the end of the period of stoppage. The Judicial Council and JBEs shall not be liable to Contractor for loss of profits because of a Stop Work Order issued under this provision.. Description of Services or Deliverables provided by Contractor: _____________________________________ Date submitted to the JBE: _____________ The Services or Deliverables are:

Commencement of Performance. This Agreement is of no force and effect until signed by both parties and all Establishing JBE-required approvals are secured. Any commencement of performance prior to Agreement approval (and approval by a JBE of a Participating Addendum) shall will be at Contractor's own risk. The Judicial Council and each JBE may, at any time, by Notice to Contractor, require Contractor to stop all or any part of the Work being provided to the Judicial Council or such JBE Services for a period up to ninety (90) days after the Notice is delivered to Contractor, and for any further period to which the Judicial Council or JBE and the Contractor parties may agree (“Stop Work Order”). The Stop Work Order shall must be specifically identified as such and shall must indicate it is issued under this provision. Upon receipt of the Stop Work Order, Contractor shall is required to immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the Work Services covered by the Stop Work Order during the period of stoppage. Within ninety (90) days after a Stop Work Order is delivered to Contractor, or within any extension of that period to which the parties shall have agreed, the Judicial Council or JBE shall may either (i) cancel the Stop Work Order; or (ii) terminate the Work Services covered by the Stop Work Order as provided for in this Agreement. If a Stop Work Order issued under this provision is canceled or the period of the Stop Work Order or any extension thereof expires, Contractor shall will resume the performance of the WorkServices. The Judicial Council or JBE shall must make an equitable adjustment in the delivery schedule schedule, the Contract Amount, or both, and the Participating Addendum Agreement shall be modified, in writing, accordingly, if: i. : The Stop Work Order results in an increase in the time required for for, or in Contractor’s cost properly allocable to the performance of any part of the Participating Addendumthis Agreement; and ii. and Contractor requests an equitable adjustment within thirty (30) days after the end of the period of stoppage; however, if the JBE decides the facts justify the action, the JBE may receive and act upon a proposal submitted at any time before final payment under this Agreement. The Judicial Council and JBEs shall JBE will not be liable to Contractor for loss of profits because of a Stop Work Order issued under this provision.

Commencement of Performance. This Agreement is of no force and effect until signed by both parties and all Establishing JBE-required approvals are secured. Any commencement of performance prior to Agreement approval (and approval by a JBE of a Participating Addendum) shall be at Contractor's own risk. The Judicial Council and each JBE may, at any time, by Notice to Contractor, require Contractor to stop all or any part of the Work being provided to the Judicial Council or such JBE Services for a period up to ninety (90) days after the Notice is delivered to Contractor, and for any further period to which the Judicial Council or JBE and the Contractor may agree (“Stop Work Order”). The Stop Work Order shall be specifically identified as such and shall indicate it is issued under this provision. Upon receipt of the Stop Work Order, Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the Work Services covered by the Stop Work Order during the period of stoppage. Within ninety (90) days after a Stop Work Order is delivered to Contractor, or within any extension of that period to which the parties JBE and Contractor shall have agreed, the Judicial Council or JBE shall either (i) cancel the Stop Work Order; or (ii) terminate the Work Services covered by the Stop Work Order as provided for in this Agreement. If a Stop Work Order issued under this provision is canceled or the period of the Stop Work Order or any extension thereof expires, Contractor shall resume the performance of the WorkServices. The Judicial Council or JBE shall make an equitable adjustment in the delivery schedule schedule, the Contract Amount, or both, and the Participating Addendum Agreement shall be modified, in writing, accordingly, if: i. : The Stop Work Order results in an increase in the time required for for, or in Contractor’s cost properly allocable to the performance of any part of the Participating Addendumthis Agreement; and ii. and Contractor requests an equitable adjustment within thirty (30) days after the end of the period of stoppage; however, if the JBE decides the facts justify the action, the JBE may receive and act upon a proposal submitted at any time before final payment under this Agreement. The Judicial Council and JBEs JBE shall not be liable to Contractor for loss of profits because of a Stop Work Order issued under this provision.