Common use of Resumption of Work Clause in Contracts

Resumption of Work. ‌ (a) Following any suspension by Buyer under this article 16, after receipt of notice to resume progress of the Work, Seller shall examine the Work affected by the suspension. Seller shall, within twenty-one (21) calendar days after receipt of notice to resume the suspended Work, submit to Buyer a written report detailing any deterioration, nonconformities and losses to the Project or any portion thereof and a Change Order Proposal related to such damages, losses and deterioration. Seller shall, pursuant to a Change Order, correct, repair or replace any deterioration to, nonconformity in or loss of the Work that occurred during the suspension; provided, however, that no Change Order shall be required or issued for any deterioration, nonconformity or loss resulting from Seller’s negligence or wrongdoing during the period of suspension; and shall promptly resume performance on the suspended Work to the extent required in the notice. (b) Any claims on the part of Seller for extensions of time in connection with a suspension shall be made in accordance with the appropriate provisions of this Agreement. Notwithstanding any other provision of this Agreement, no compensation or extension of time shall be granted to the extent that suspension results from Seller’s non-compliance with the terms of the Agreement.

Appears in 3 contracts

Samples: Asset Purchase and Sale Agreement, Asset Purchase and Sale Agreement, Asset Purchase and Sale Agreement

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Resumption of Work. (a) Following any suspension by Buyer under this article 16, after receipt of notice to resume progress of the Work, Seller shall examine the Work affected by the suspension. Seller shall, within twenty-one (21) calendar days after receipt of notice to resume the suspended Work, submit to Buyer a written report detailing any deterioration, nonconformities and losses to the Project or any portion thereof and a Change Order Proposal related to such damages, losses and deterioration. Seller shall, pursuant to a Change Order, correct, repair or replace any deterioration to, nonconformity in or loss of the Work that occurred during the suspension; provided, however, that no Change Order shall be required or issued for any deterioration, nonconformity or loss resulting from Seller’s negligence or wrongdoing during the period of suspension; and shall promptly resume performance on the suspended Work to the extent required in the notice. (b) Any claims on the part of Seller for extensions of time in connection with a suspension shall be made in accordance with the appropriate provisions of this Agreement. Notwithstanding any other provision of this Agreement, no compensation or extension of time shall be granted to the extent that suspension results from Seller’s non-compliance with the terms of the Agreement.

Appears in 2 contracts

Samples: Asset Purchase Agreement, Asset Purchase Agreement

Resumption of Work. (a) Following any suspension by Buyer Company under this article 16, after receipt of notice to resume progress of the Work, Seller Contractor shall examine the Work affected by the suspension. Seller Contractor shall, within twenty-one (21) calendar days after receipt of notice to resume the suspended Work, submit to Buyer Company a written report detailing any deterioration, nonconformities and losses to the Project or any portion thereof and a Change Order Proposal related to such damages, losses and deterioration. Seller Contractor shall, pursuant to a Change Order, correct, repair or replace any deterioration to, nonconformity in or loss of the Work that occurred during the suspension; provided, however, that no Change Order shall be required or issued for any deterioration, nonconformity or loss resulting from SellerContractor’s negligence or wrongdoing during the period of suspension; and shall promptly resume performance on the suspended Work to the extent required in the notice. (b) Any claims on the part of Seller Contractor for extensions of time in connection with a suspension shall be made in accordance with the appropriate provisions of this AgreementContract. Notwithstanding any other provision of this AgreementContract, no compensation or extension of time shall be granted to the extent that suspension results from SellerContractor’s non-compliance with the terms of the AgreementContract.

Appears in 1 contract

Samples: Engineering, Procurement and Construction Contract

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Resumption of Work. ‌ (a) Following any suspension by Buyer Xxxxx under this article 16, after receipt of notice to resume progress of the Work, Seller shall examine the Work affected by the suspension. Seller shall, within twenty-one (21) calendar days after receipt of notice to resume the suspended Work, submit to Buyer a written report detailing any deterioration, nonconformities and losses to the Project or any portion thereof and a Change Order Proposal related to such damages, losses and deterioration. Seller shall, pursuant to a Change Order, correct, repair or replace any deterioration to, nonconformity in or loss of the Work that occurred during the suspension; provided, however, that no Change Order shall be required or issued for any deterioration, nonconformity or loss resulting from Seller’s negligence or wrongdoing during the period of suspension; and shall promptly resume performance on the suspended Work to the extent required in the notice. (b) Any claims on the part of Seller for extensions of time in connection with a suspension shall be made in accordance with the appropriate provisions of this Agreement. Notwithstanding any other provision of this Agreement, no compensation or extension of time shall be granted to the extent that suspension results from Seller’s non-compliance with the terms of the Agreement.

Appears in 1 contract

Samples: Asset Purchase and Sale Agreement

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