Common use of Suspension by Contractor for Owner’s Failure to Pay Undisputed Amounts Before the First Draw Clause in Contracts

Suspension by Contractor for Owner’s Failure to Pay Undisputed Amounts Before the First Draw. Prior to the First Draw, if: (i) Owner fails to deliver the Owner Monthly Confirmation in accordance with Section 4.1A or an Owner Monthly Confirmation indicates that either (A) Owner does not have sufficient funds to continue to fulfill its payment obligations up to the date of the First Draw or (B) an event has come to the attention of Owner which would materially and adversely affect the continued availability of such funding; and (ii) Owner fails to pay any undisputed amount due and owing to Contractor, then, provided that Owner’s failure to pay any undisputed amount is not for a reason attributable to Contractor or any of its Subcontractors or Sub-subcontractors, Contractor may, upon providing written notice to Owner, suspend performance of the Work until Contractor receives such undisputed amounts and Owner delivers to Contractor an Owner Monthly Confirmation meeting the criteria set forth in Section 4.1. Contractor shall be entitled to a Change Order on account of any suspension in accordance with this Section 16.4A; provided that Contractor complies with the requirements in Sections 6.2, 6.5 and 6.9.