Partial Deletion or Suspension of Services. 12.4.1 Engineer agrees that the Owner may determine whether any or all of the Services described in this Agreement shall be deleted or its performance suspended without electing to terminate the Engineer's performance under the Agreement and without any penalty being incurred by Owner. Any such partial deletion or suspension of the Services shall in no way void or invalidate this Agreement nor shall it provide Engineer any basis for seeking payment from Owner for Services deleted or suspended except to the extent such Services have already been performed and are otherwise billable under this Agreement, and Owner shall have the right to later have any Services suspended or deleted from this Agreement performed by others without any penalty to Owner. In the event of any such partial or complete deletion or suspension, Owner shall furnish Engineer with prompt written notice thereof and Owner shall be entitled to have as its property all documents, records, logs, drawings, calculations, reports and other data prepared by or assets purchased by Engineer or Consultants, of any tier, and shall pay Engineer therefore. The Owner may require Engineer to perform Services later during the term of this Agreement which were earlier deleted or suspended. Engineer shall not resume any such Services until the Owner has issued a written notice to proceed or a change order. Engineer shall identify the sequence of its deliverables for the Owner's review and acceptance. In the event Owner directs Engineer to perform work out of sequence, additional Engineering fees may be due the Engineer. 12.4.2 If the Project is suspended by Owner for more than thirty (30) consecutive calendar days, Engineer shall be compensated for services performed prior to notice of such suspension, as well as expenses incurred in the interruption and resumption of Engineer’s services. 12.4.3 If the Engineer’s services are suspended for more than one hundred and eighty (180) consecutive calendar days, Engineer shall be able to terminate this Agreement.
Appears in 4 contracts
Samples: Engineering Services Agreement, Engineering Services Agreement, Engineering Services Agreement
Partial Deletion or Suspension of Services. 12.4.1 Engineer 13.4.1 Architect agrees that the Owner may determine and provide in writing, whether any or all of the Services described in this Agreement shall be deleted or its performance suspended without electing to terminate the EngineerArchitect's performance under the Agreement and without any penalty being incurred by Owner. Any such partial deletion or suspension of the Services shall in no way void or invalidate this Agreement nor shall it provide Engineer Architect any basis for seeking payment from Owner for Services deleted or suspended except to the extent such Services have already been performed and are otherwise billable under this Agreement, and Owner shall have the right to later have any Services suspended or deleted from this Agreement performed by others without any penalty to Owner. In the event of any such partial or complete deletion or suspension, Owner shall furnish Engineer Architect with prompt written notice thereof and Owner shall be entitled to have as its property all documents, records, logs, drawings, calculations, reports and other data prepared by or assets purchased by Engineer Architect or Consultants, of any tier, and shall pay Engineer Architect therefore. The Owner may require Engineer Architect to perform Services later during the term of this Agreement which were earlier deleted or suspended. Engineer Architect shall not resume any such Services until the Owner has issued a written notice to proceed or a change order. Engineer Architect shall identify the sequence of its deliverables for the Owner's review and acceptance. In the event Owner directs Engineer Architect to perform work out of sequence, additional Architectural and/or Engineering fees may be due the EngineerArchitect.
12.4.2 13.4.2 If the Project is suspended by Owner for more than thirty (30) consecutive calendar days, Engineer Architect shall be compensated for services performed prior to notice of such suspension, as well as expenses incurred in the interruption and resumption of EngineerArchitect’s services.
12.4.3 13.4.3 If the EngineerArchitect’s services are suspended for more than one hundred and eighty ninety (18090) consecutive calendar days, Engineer Architect shall be able to terminate this Agreement.
Appears in 2 contracts
Samples: Architectural Services Agreement, Architectural Services Agreement
Partial Deletion or Suspension of Services. 12.4.1 Engineer agrees that the Owner may determine whether any or all of the Services described in this Agreement shall be deleted or its performance suspended without electing to terminate the Engineer's performance under the Agreement and without any penalty being incurred by Owner. Any such partial deletion or suspension of the Services shall in no way void or invalidate this Agreement nor shall it provide Engineer any basis for seeking payment from Owner for Services deleted or suspended except to the extent such Services have already been performed and are otherwise billable under this Agreement, and Owner shall have the right to later have any Services suspended or deleted from this Agreement performed by others without any penalty to Owner. In the event of any such partial or complete deletion or suspension, Owner shall furnish Engineer with prompt written notice thereof and Owner shall be entitled to have as its property all documents, records, logs, drawings, calculations, reports and other data prepared by or assets purchased by Engineer or Consultants, of any tier, and shall pay Engineer therefore. The Owner may require Engineer to perform Services later during the term of this Agreement which were earlier deleted or suspended. Engineer shall not resume any such Services until the Owner has issued a written notice to proceed or a change order. Engineer shall identify the sequence of its deliverables for the Owner's review and acceptance. In the event Owner directs Engineer to perform work out of sequence, additional Engineering and/or Engineering fees may be due the Engineer.
12.4.2 If the Project is suspended by Owner for more than thirty (30) consecutive calendar days, Engineer shall be compensated for services performed prior to notice of such suspension, as well as expenses incurred in the interruption and resumption of Engineer’s services.
12.4.3 If the Engineer’s services are suspended for more than one hundred and eighty (180) consecutive calendar days, Engineer shall be able to terminate this Agreement.
Appears in 2 contracts
Samples: Engineering Services Agreement, Engineering Services Agreement
Partial Deletion or Suspension of Services. 12.4.1 Engineer agrees that the Owner may determine whether any or all of the Services described in this Agreement shall be deleted or its performance suspended without electing to terminate the Engineer's performance under the Agreement and without any penalty being incurred by Owner. Any such partial deletion or suspension of the Services shall in no way void or invalidate this Agreement nor shall it provide Engineer any basis for seeking payment from Owner for Services deleted or suspended except to the extent such Services have already been performed and are otherwise billable under this Agreement, and Owner shall have the right to later have any Services suspended or deleted from this Agreement performed by others without any penalty to Owner. In the event of any such partial or complete deletion or suspension, Owner shall furnish Engineer with prompt written notice thereof and Owner shall be entitled to have as its property all documents, records, logs, drawings, calculations, reports and other data prepared by or assets purchased by Engineer or Consultants, of any tier, and shall pay Engineer therefore. The Owner may require Engineer to perform Services later during the term of this Agreement which were earlier deleted or suspended. Engineer shall not resume any such Services until the Owner has issued a written notice to proceed or a change order. Engineer shall identify the sequence of its deliverables for the Owner's review and acceptance. In the event Owner directs Engineer to perform work out of sequence, additional Engineering fees may be due the Engineer.directs
12.4.2 If the Project is suspended by Owner for more than thirty (30) consecutive calendar days, Engineer shall be compensated for services performed prior to notice of such suspension, as well as expenses incurred in the interruption and resumption of Engineer’s services.
12.4.3 If the Engineer’s services are suspended for more than one hundred and eighty (180) consecutive calendar days, Engineer shall be able to terminate this Agreement.
Appears in 1 contract
Samples: Engineering Services Agreement
Partial Deletion or Suspension of Services. 12.4.1 Engineer agrees that the Owner may determine whether any or all of the Services described in this Agreement shall be deleted or its performance suspended without electing to terminate the Engineer's performance under the Agreement and without any penalty being incurred by Owner. Any such partial deletion or suspension of the Services shall in no way void or invalidate this Agreement nor shall it provide Engineer any basis for seeking payment from Owner for Services deleted or suspended except to the extent such Services have already been performed and are otherwise billable under this Agreement, and Owner shall have the right to later have any Services suspended or deleted from this Agreement performed by others without any penalty to Owner. In the event of any such partial or complete deletion or suspension, Owner shall furnish Engineer with prompt written notice thereof and Owner shall be entitled to have as its property all documents, records, logs, drawings, calculations, reports and other data prepared by or assets purchased by Engineer or Consultants, of any tier, and shall pay Engineer therefore. The Owner may require Engineer to perform Services later during the term of this Agreement which were earlier deleted or suspended. Engineer shall not resume any such Services until the Owner has issued a written notice to proceed or a change order. Engineer shall identify the sequence of its deliverables for the Owner's review and acceptance. In the event Owner directs Engineer to perform work out of sequence, additional Engineerural and/or Engineering fees may be due the Engineer.
12.4.2 If the Project is suspended by Owner for more than thirty (30) consecutive calendar days, Engineer shall be compensated for services performed prior to notice of such suspension, as well as expenses incurred in the interruption and resumption of Engineer’s services.
12.4.3 If the Engineer’s services are suspended for more than one hundred and eighty (180) consecutive calendar days, Engineer shall be able to terminate this Agreement.
Appears in 1 contract
Samples: Cooperative Agreement
Partial Deletion or Suspension of Services. 12.4.1 Engineer agrees that the Owner may determine whether any or all of the Services described in this Agreement shall be deleted or its performance suspended without electing to terminate the Engineer's performance under the Agreement and without any penalty being incurred by Owner. Any such partial deletion or suspension of the Services shall in no way void or invalidate this Agreement nor shall it provide Engineer any basis for seeking payment from Owner for Services deleted or suspended except to the extent such Services have already been performed and are otherwise billable under this Agreement, and Owner shall have the right to later have any Services suspended or deleted from this Agreement performed by others without any penalty to Owner. In the event of any such partial or complete deletion or suspension, Owner shall furnish Engineer with prompt written notice thereof and Owner shall be entitled to have as its property all documents, records, logs, drawings, calculations, reports and other data prepared by or assets purchased by Engineer or Consultants, of any tier, and shall pay Engineer therefore. The Owner may require Engineer to perform Services later during the term of this Agreement which were earlier deleted or suspended. Engineer shall not resume any such Services until the Owner has issued a written notice to proceed or a change order. Engineer shall identify the sequence of its deliverables for the Owner's review and acceptance. In the event Owner directs Engineer to perform work out of sequence, additional Engineering fees may be due the Engineer.
12.4.2 If the Project is suspended by Owner for more than thirty (30) consecutive calendar days, Engineer shall be compensated for services performed prior to notice of such suspension, as well as expenses incurred in the interruption and resumption of Engineer’s services.prior
12.4.3 If the Engineer’s services are suspended for more than one hundred and eighty (180) consecutive calendar days, Engineer shall be able to terminate this Agreement.
Appears in 1 contract
Samples: Engineering Services Agreement