Common use of Special Powers of Determination Clause in Contracts

Special Powers of Determination. These powers shall be exercised in the event of complete stoppage or abandonment of work under the orders of the Corporation Councilor Government. (a) The Commissioner shall, in addition to any other powers enabling him to determine the contract have power to determine the contract at any time by notice inn writing to the contractor, and upon receipt by the contractor of the notice the contract shall be determined but without prejudice to the rights of the parties accrued to the date of determination and to the operation of the following provisions of these Article. (b) The Commissioner shall, as soon as practicable and in any case not later than theexpiration - of three months from the date of slJch notice of the period up to the date for completion, whichever is the shorter, give directions (with wh!ch the contractor shall comply with all reasonable despatct"1 as to all or any of the following matters. that is to say: (i) the performance of further work in accordance with the provisions of contract. (ii) the protection of the work executed under the contract in compliance with directions given under sub-paragraph (1) above. . (iii) the removal of all plant, temporary buildings and equipment from the site; (iv) the removal of materials placed on the site; , (v) the clearing of the site; (vi) any other ma~ter arising out of the contract with regard to which the Commiss!on decide$ that directions are necessary or expedient. (c) The commissioner may at any time within the period referre.j to in paragraph (b) herein by notice in writing to the contract vary any direction so given or give fresh directions as to all or any of the matter. specified in the foregoing paragraph. (d) ln the event. of the determination of the contract under this condition there shall be paid to the contractor the net amount due as ascertained in accordance 'Nith all t he applicable provisions of Clause 7-7 hereof including valuation in the same manner as increased or decreased quantities, extra work and omitted items. These shall be deducted from any sum payable to the contractor urlder this sub-clause the amount of all payments previously made to the contractor in respect of the contract, and the Commissioner shall ! have the right to retain any reserve accumulated in his possession at the date of determination until the final settlel- nent of all claims made by the contractor. . (e) Any dispute of difference: \'vhich may arising between the parties as to the carrying out of those conditions xxxxx be referred to arbitration and the provisions with regard to arbitration in Clause 7-8 thereof shall apply.

Special Powers of Determination. These powers shall be exercised in the event of complete stoppage or abandonment of work under the orders of the Corporation Councilor Government. (a) The Commissioner shall, in addition to any other powers enabling him to determine the contract have power to determine the contract at any time by notice inn writing to the contractor, and upon receipt by the contractor of the notice the contract shall be determined but without prejudice to the rights of the parties accrued to the date of determination and to the operation of the following provisions of these Article. (b) The Commissioner shall, as soon as practicable and in any case not later than theexpiration the expiration - of three months from the date of slJch such notice of the period up to the date for completion, whichever is the shorter, give directions (with wh!ch which the contractor shall comply with all reasonable despatct"1 as to all or any of the following matters. that is to say: (i) the performance of further work in accordance with the provisions of contract. (ii) the protection of the work executed under the contract in compliance with directions given under sub-paragraph (1) above. . (iii) the removal of all plant, temporary buildings and equipment from the site; (iv) the removal of materials placed on the site; , (v) the clearing of the site; (vi) any other ma~ter master arising out of the contract with regard to which the Commiss!on decide$ Commission decides that directions are necessary or expedient. (c) The commissioner may at any time within the period referre.j referred to in paragraph (b) herein by notice in writing to the contract vary any direction so given or give fresh directions as to all or any of the matter. specified in the foregoing paragraph. (d) ln the event. of the determination of the contract under this condition there shall be paid to the contractor the net amount due as ascertained in accordance 'Nith with all t he applicable provisions of Clause 7-7 hereof including valuation in the same manner as increased or decreased quantities, extra work and omitted items. These shall be deducted from any sum payable to the contractor urlder under this sub-clause the amount of all payments previously made to the contractor in respect of the contract, and the Commissioner shall ! have the right to retain any reserve accumulated in his possession at the date of determination until the final settlel- nent settlement of all claims made by the contractor. . (e) Any dispute of difference: \'vhich which may arising between the parties as to the carrying out of those conditions xxxxx shall be referred to arbitration and the provisions with regard to arbitration in Clause 7-8 thereof shall apply.

Special Powers of Determination. These powers shall be exercised in the event of complete stoppage or abandonment of work under the orders of the Corporation Councilor Government. (a) The Commissioner shall, in addition to any other powers enabling him to determine the contract have power to determine the contract at any time by notice inn writing to the contractor, and upon receipt by the contractor of the notice the contract shall be determined but without prejudice to the rights of the parties accrued to the date of determination and to the operation of the following provisions of these Article. (b) The Commissioner shall, as soon as practicable and in any case not later than theexpiration the expiration - of three months from the date of slJch such notice of the period up to the date for completion, whichever is the shorter, give directions (with wh!ch which the contractor shall comply with all reasonable despatct"1 as to all or any of the following matters. that is to say: (i) the performance of further work in accordance with the provisions of contract. (ii) the protection of the work executed under the contract in compliance with directions given under sub-paragraph (1) above. . (iii) the removal of all plant, temporary buildings and equipment from the site; (iv) the removal of materials placed on the site; , (v) the clearing of the site; (vi) any other ma~ter master arising out of the contract with regard to which the Commiss!on decide$ Commission decides that directions are necessary or expedient. (c) The commissioner may at any time within the period referre.j referred to in paragraph (b) herein by notice in writing to the contract vary any direction so given or give fresh directions as to all or any of the matter. specified in the foregoing paragraph. (d) ln the event. of the determination of the contract under this condition there shall be paid to the contractor the net amount due as ascertained in accordance 'Nith with all t he applicable provisions of Clause 7-7 hereof including valuation in the same manner as increased or decreased quantities, extra work and omitted items. These shall be deducted from any sum payable to the contractor urlder under this sub-clause the amount of all payments previously made to the contractor in respect of the contract, and the Commissioner shall ! have the right to retain any reserve accumulated in his possession at the date of determination until the final settlel- nent settlement of all claims made by the contractorcontractor . . (e) Any dispute of difference: \'vhich which may arising between the parties as to the carrying out of those conditions xxxxx shall be referred to arbitration and the provisions with regard to arbitration in Clause 7-8 thereof shall apply.