Common use of RIGHT TO SUSPEND WORK AND CANCEL CONTRACT Clause in Contracts

RIGHT TO SUSPEND WORK AND CANCEL CONTRACT. It is further mutually 1) Temporarily suspend the execution of the Work by the Design-Builder, and the Commissioner of Transportation may then proceed with the Work under his/her own direction in such manner as will accord with the Contract Documents and be for the best interests of the State; or 2) Terminate the Design-Builder’s Contract while it is in progress, and thereupon proceed with the Work by a new contract negotiated or publicly advertised, by the use of his/her own forces, by calling upon the Surety to complete the Work in accordance with the Contract Documents, or by a combination of any such methods; or 3) Cancel the Contract and re-advertise as provided in Section 38 of the New York State Highway Law; or 4) Complete the Work under the State’s direction in such a manner as will accord with the Contract Documents and be for the interests of the State. Any excess in the cost of completing the Contract beyond the Contract Price for which it was originally awarded shall be charged to and paid by the Design-Builder failing to perform the Work or its Surety, all pursuant to the provisions of Section 40 of the New York State Highway Law. In the event of suspension or termination the Design-Builder shall be paid its costs, including contract close-out costs, and profit on work satisfactorily performed and project design costs actually incurred up to the time of termination. The Design-Builder shall promptly submit its termination claim. The Design- Builder will only be paid the contract price for materials delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. Whenever the State determines to suspend or stop Work under this Contract, a written notice sent by mail to the Design-Builder at its address and to its Sureties at their respective addresses shall be sufficient notice of its action in the premises.

RIGHT TO SUSPEND WORK AND CANCEL CONTRACT. It is further mutuallymutually agreed that if at any time during the prosecution of the Work the Commissioner of Transportation shall determine that the Work is not being performed according to the Contract or for the best interest of the State, the Commissioner may proceed in any of the following ways: 1) A. Temporarily suspend the execution of the Work by the Design-BuilderDesign‐Builder, and the Commissioner of Transportation may then proceed with the Work under his/her own direction in such manner as will accord with the Contract Documents and be for the best interests of the State; or 2) B. Terminate the Design-BuilderDesign‐Builder’s Contract while it is in progress, and thereupon proceed with the Work by a new contract negotiated or publicly advertised, by the use of his/her own forces, by calling upon the Surety to complete the Work in accordance with the Contract Documents, or by a combination of any such methods; or 3) C. Cancel the Contract and re-advertise as provided in Section 38 of the New York State Highway Lawre‐advertise; or 4) D. Complete the Work under the State’s direction in such a manner as will accord with the Contract Documents and be for the interests of the State. Any excess in the cost of completing the Contract beyond the Contract Price for which it was originally awarded shall be charged to and paid by the Design-Builder Design‐Builder failing to perform the Work or its Surety, all pursuant to the provisions of Section 40 the Contract and the Faithful Performance Bond provided by the Design‐Builder and its Surety as a condition of award of the New York State Highway LawContract. In the event of suspension or termination termination, the Design-Builder Design‐Builder shall be paid its costs, including contract close-out close‐out costs, and profit on work satisfactorily performed and project design costs actually incurred up to the time of termination, less an amount necessary to satisfy any claims, liens or judgments against the Design‐Builder. The Design-Builder Design‐Builder shall promptly submit its termination claim. The Design- Builder Design‐Builder will only be paid the contract price for materials delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract, less an amount necessary to satisfy any claims, liens or judgments against the Design‐Builder. Whenever the State determines to suspend or stop Work under this Contract, a written notice sent by mail to the Design-Builder Design‐Builder at its address and to its Sureties at their respective addresses shall be sufficient notice of its action in the premises.

RIGHT TO SUSPEND WORK AND CANCEL CONTRACT. It is further mutuallymutually agreed that if at any time during the prosecution of the Work the Commissioner of Transportation shall determine that the Work is not being performed according to the Contract or for the best interest of the State, the Commissioner may proceed in any of the following ways: 1) Temporarily suspend the execution of the Work by the Design-Builder, and the Commissioner of Transportation may then proceed with the Work under his/her own direction in such manner as will accord with the Contract Documents and be for the best interests of the State; or 2) Terminate the Design-Builder’s Contract while it is in progress, and thereupon proceed with the Work by a new contract negotiated or publicly advertised, by the use of his/her own forces, by calling upon the Surety to complete the Work in accordance with the Contract Documents, or by a combination of any such methods; or 3) Cancel the Contract and re-advertise as provided in Section 38 of the New York State Highway Law; or 4) Complete the Work under the State’s direction in such a manner as will accord with the Contract Documents and be for the interests of the State. Any excess in the cost of completing the Contract beyond the Contract Price for which it was originally awarded shall be charged to and paid by the Design-Builder failing to perform the Work or its Surety, all pursuant to the provisions of Section 40 of the New York State Highway Law. In the event of suspension or termination the Design-Builder shall be paid its costs, including contract close-out costs, and profit on work satisfactorily performed and project design costs actually incurred up to the time of termination, less an amount necessary to satisfy any claims, liens or judgments against the Design-Builder. The Design-Builder shall promptly submit its termination claim. The Design- Design-Builder will only be paid the contract price for materials delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract, less an amount necessary to satisfy any claims, liens or judgments against the Design-Builder. Whenever the State determines to suspend or stop Work under this Contract, a written notice sent by mail to the Design-Builder at its address and to its Sureties at their respective addresses shall be sufficient notice of its action in the premises.

RIGHT TO SUSPEND WORK AND CANCEL CONTRACT. It is further mutuallymutually agreed that if at any time during the prosecution of the Work the Commissioner of Transportation shall determine that the Work is not being performed according to the Contract or for the best interest of the State, the Commissioner may proceed in any of the following ways: 1) Temporarily suspend the execution of the Work by the Design-Builder, and the Commissioner of Transportation may then proceed with the Work under his/her own direction in such manner as will accord with the Contract Documents and be for the best interests of the State; or 2) Terminate the Design-Builder’s Contract while it is in progress, and thereupon proceed with the Work by a new contract negotiated or publicly advertised, by the use of his/her own forces, by calling upon the Surety to complete the Work in accordance with the Contract Documents, or by a combination of any such methods; or 3) Cancel the Contract and re-advertise as provided in Section 38 of the New York State Highway Law; or 4) Complete the Work under the State’s direction in such a manner as will accord with the Contract Documents and be for the interests of the State. Any excess in the cost of completing the Contract beyond the Contract Price for which it was originally awarded shall be charged to and paid by the Design-Builder failing to perform the Work or its Surety, all pursuant to the provisions of Section 40 of the New York State Highway Law. In the event of suspension or termination the Design-Builder shall be paid its costs, including contract close-out costs, and profit on work satisfactorily performed and project design costs actually incurred up to the time of termination. The Design-Builder shall promptly submit its termination claim. The Design- Builder will only be paid the contract price for materials delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. Whenever the State determines to suspend or stop Work under this Contract, a written notice sent by mail to the Design-Builder at its address and to its Sureties at their respective addresses shall be sufficient notice of its action in the premises.

RIGHT TO SUSPEND WORK AND CANCEL CONTRACT. It is further mutuallymutually agreed that if at any time during the prosecution of the Work the Commissioner of Transportation shall determine that the Work is not being performed according to the Contractor for the best interest of the State, the Commissioner may proceed in any of the following ways: 1) Temporarily suspend the execution of the Work by the Design-Builder, and the Commissioner of Transportation may then proceed with the Work under his/her own direction in such manner as will accord with the Contract Documents and be for the best interests of the State; or 2) Terminate the Design-Builder’s Contract while it is in progress, and thereupon proceed with the Work by a new contract negotiated or publicly advertised, by the use of his/her own forces, by calling upon the Surety to complete the Work in accordance with the Contract Documents, or by a combination of any such methods; or 3) Cancel the Contract and re-advertise as provided in Section 38 of the New York State Highway Law; or 4) Complete the Work under the State’s direction in such a manner as will accord with the Contract Documents and be for the interests of the State. Any excess in the cost of completing the Contract beyond the Contract Price for which it was originally awarded shall be charged to and paid by the Design-Builder failing to perform the Work or its Surety, all pursuant to the provisions of Section 40 of the New York State Highway Law. In the event of suspension or termination the Design-Builder shall be paid its costs, including contract close-out costs, and profit on work satisfactorily performed and project design costs actually incurred up to the time of termination, less an amount necessary to satisfy any claims, liens or judgments against the Design-Builder. The Design-Builder shall promptly submit its termination claim. The Design- Design-Builder will only be paid the contract price for materials delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract, less an amount necessary to satisfy any claims, liens or judgments against the Design-Builder. Whenever the State determines to suspend or stop Work under this Contract, a written notice sent by mail to the Design-Builder at its address and to its Sureties at their respective addresses shall be sufficient notice of its action in the premises.

RIGHT TO SUSPEND WORK AND CANCEL CONTRACT. It is further mutuallymutually agreed that if at any time during the prosecution of the Work the Commissioner of Transportation shall determine that the Work is not being performed in the best interest of the State, the Commissioner may proceed in any of the following ways: 1) Temporarily suspend the execution of the Work by the Design-Builder, and the Commissioner of Transportation may then proceed with the Work under his/her own direction in such manner as will accord with the Contract Documents and be for the best interests of the State; or 2) Terminate the Design-Builder’s Contract while it is in progress, and thereupon proceed with the Work by a new contract negotiated or publicly advertised, by the use of his/her own forces, by calling upon the Surety to complete the Work in accordance with the Contract Documents, or by a combination of any such methods; or 3) Cancel the Contract and re-advertise as provided in Section 38 of the New York State Highway Law; or 4) Complete the Work under the State’s direction in such a manner as will accord with the Contract Documents and be for the interests of the State. Any excess in the cost of completing the Contract beyond the Contract Price for which it was originally awarded shall be charged to and paid by the Design-Builder failing to perform the Work or its Surety, all pursuant to the provisions of Section 40 of the New York State Highway Law. In the event of suspension or termination the Design-Builder shall be paid its costs, including contract close-out costs, and profit on work satisfactorily performed and project design costs actually incurred up to the time of termination, less an amount necessary to satisfy any claims, liens or judgments against the Design-Builder. The Design-Builder shall promptly submit its termination claim. The Design- Design-Builder will only be paid the contract price for materials delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract, less an amount necessary to satisfy any claims, liens or judgments against the Design-Builder. Whenever the State determines to suspend or stop Work under this Contract, a written notice sent by mail to the Design-Builder at its address and to its Sureties at their respective addresses shall be sufficient notice of its action in the premises.