Owner Self-Help. If within a reasonable time after the occurrence of an event of Force Majeure Event that has caused Contractor to suspend or delay performance of the Work, reasonable action that Contractor could lawfully and reasonably initiate to remove or relieve either the Force Majeure Event or its direct or indirect effects has been identified and recommended to Contractor, and Contractor has failed to take such action, then Owner may, in its sole discretion and after three (3) days written notice to Contractor, at Contractor’s expense, initiate such reasonable measures as will be designed to remove or relieve such Force Majeure Event or its direct or indirect effects, and thereafter require Contractor to resume full or partial performance of the Work in accordance with the provisions of this Agreement.
Appears in 2 contracts
Samples: HTM Construction Agreement, Construction Agreement (Imperium Renewables Inc)
Owner Self-Help. If within a reasonable time after the occurrence of an event of Force Majeure Event has occurred that has caused Contractor to suspend or delay performance of the Work, reasonable action that Contractor could lawfully and reasonably initiate to remove or relieve either the Force Majeure Event or its direct or indirect effects has been identified and recommended to ContractorContractor by Owner, and Contractor has failed to take such actionaction for which Owner has agreed to pay in writing, then Owner may, in its sole discretion and after three fifteen (315) days written notice to Contractor, at Contractor’s expense, initiate such reasonable measures as will be designed to remove or relieve such Force Majeure Event or its direct or indirect effects, and thereafter require Contractor to resume full or partial performance of the Work in accordance with the provisions of this Agreement.. ARTICLE XVIII
Appears in 1 contract
Owner Self-Help. If within a reasonable time after the occurrence of an event of Force Majeure Event has occurred that has caused Contractor to suspend or delay performance of the Work, reasonable action that Contractor could lawfully and reasonably initiate to remove or relieve either the Force Majeure Event or its direct or indirect effects has been identified and recommended to ContractorContractor by Owner, and Contractor has failed to take such actionaction for which Owner has agreed to pay in writing, then Owner may, in its sole discretion and after three fifteen (315) days written notice to Contractor, at Contractor’s expense, initiate such reasonable measures as will be designed to remove or relieve such Force Majeure Event or its direct or indirect effects, and thereafter require Contractor to resume full or partial performance of the Work in accordance with the provisions of this Agreement.
Appears in 1 contract