Common use of Suspension by Contractor Clause in Contracts

Suspension by Contractor. The Contractor may, in its sole discretion, order the Subcontractor in writing to suspend, delay or interrupt all or any part of the Subcontract Work for such period of time as may be determined to be appropriate for the convenience of the Contractor. Subcontract Work when required to be phased or interrupted shall not be deemed a suspension. 10.2.1 The Subcontractor shall notify the Contractor in writing ten (10) business days after receipt of the Contractor's order suspending, delaying or interrupting the Subcontract Work of the effect of such order upon the Subcontract Work. To the extent allowed the Contractor under the Prime Contract, the Subcontract Price or Schedule of the Work shall be adjusted by Subcontract Change Order for any increase in the time or cost of performance of this Master Subcontract Agreement caused by such suspension, delay or interruption. 10.2.2 No claim relating to suspension shall be allowed for any costs incurred more than ten (10) business days prior to the Subcontractor's notice to the Contractor as provided in Subparagraph 10.2.1. 10.2.3 Neither the Subcontract Price nor the time for performance of the Subcontract Work shall be adjusted under this Article for any suspension, delay or interruption to the extent that performance would have been suspended, delayed, or interrupted by the fault or negligence of the Subcontractor or by a cause for which the Subcontractor would have been responsible. 10.2.4 The Subcontract Price shall not be adjusted under this Article for any suspension, delay or interruption to the extent that performance would have been suspended, delayed or interrupted by a cause for which the Subcontractor would have been entitled only to a time extension under this Master Subcontract Agreement. 10.2.5 In the event the Subcontract Work suspended, delayed or interrupted is, for any reason, deleted from the Contractor's or the Subcontractor's scope of work, the Contractor shall be liable to the Subcontractor solely for the reasonable value of Subcontract Work properly performed by the Subcontractor (as reflected in the Subcontractor's schedule of values and breakdown of Subcontract Work) prior to such deletion, including reasonable overhead and profit on Subcontract Work performed, but only to the extent, as a condition precedent, the Contractor receives payment from the Owner for such Subcontract Work as provided in Subparagraphs 2.5, 2.10, and all of 2.11. Pursuant to the Subcontractor’s request, the Contractor may, in its sole discretion, pursue the Owner for any shortfall in payment to Contractor for the reasonable value of Subcontract Work performed by Subcontractor prior to such deletion. Subcontractor shall be responsible for its proportionate costs and expenses associated with such action and shall provide whatever assistance Contractor requests in pursuit of such claim.

Appears in 2 contracts

Samples: Master Subcontract Agreement, Master Subcontract Agreement

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Suspension by Contractor. The Contractor may, in its sole discretion, may order the Subcontractor in writing to suspend, delay or interrupt suspend all or any part of the Subcontract Work for such period of time as may be determined to be appropriate for the convenience of the Contractor. Phased Work or interruptions of the Subcontract Work when required to be phased or interrupted for short periods of time shall not be deemed considered a suspension. 10.2.1 . The Subcontractor Subcontractor, after receipt of the Contractor's order, shall notify the Contractor in writing ten (10) business days after receipt of in sufficient time to permit the Contractor's order suspending, delaying or interrupting Contractor to provide timely notice to the Subcontract Work Owner in accordance with the Owner-Contractor agreement of the effect of such order upon the Subcontract Work. To the extent allowed the Contractor under the Prime Contract, the The Subcontract Price Amount or Progress Schedule of the Work shall be adjusted by Subcontract Change Order for any increase in the time or cost of performance of this Master Subcontract Agreement caused by such suspension, delay or interruption. 10.2.2 . No claim relating to suspension under this Paragraph shall be allowed for any costs incurred more than ten fourteen (1014) business days prior to the Subcontractor's notice to the Contractor as provided in Subparagraph 10.2.1. 10.2.3 Contractor. Neither the Subcontract Price Amount nor the time for performance of the Subcontract Work Progress Schedule shall be adjusted under this Article for any suspension, delay or interruption to the extent that performance would have been suspended, delayed, due in whole or interrupted by in part to the fault or negligence of the Subcontractor or by a cause for which the Subcontractor would have been responsible. 10.2.4 . The Subcontract Price Amount shall not be adjusted under this Article for any suspension, delay or interruption suspension to the extent that performance would have been suspended, delayed or interrupted suspended by a cause for which the Subcontractor would have been entitled only to a time extension under this Master Subcontract Agreement. 10.2.5 In the event the Subcontract Work suspended, delayed or interrupted is, for any reason, deleted from the Contractor's or the Subcontractor's scope of work, the Contractor shall be liable to the Subcontractor solely for the reasonable value of Subcontract Work properly performed by the Subcontractor (as reflected in the Subcontractor's schedule of values and breakdown of Subcontract Work) prior to such deletion, including reasonable overhead and profit on Subcontract Work performed, but only to the extent, as a condition precedent, the Contractor receives payment from the Owner for such Subcontract Work as provided in Subparagraphs 2.5, 2.10, and all of 2.11. Pursuant to the Subcontractor’s request, the Contractor may, in its sole discretion, pursue the Owner for any shortfall in payment to Contractor for the reasonable value of Subcontract Work performed by Subcontractor prior to such deletion. Subcontractor shall be responsible for its proportionate costs and expenses associated with such action and shall provide whatever assistance Contractor requests in pursuit of such claim.

Appears in 2 contracts

Samples: Subcontract Agreement, Subcontract Agreement

Suspension by Contractor. The Contractor may, in its sole discretion, may order the Subcontractor in writing to suspend, delay or interrupt all or any part of the Subcontract Work for such period of time as may be determined to be appropriate for the convenience of the Contractor. Subcontract Work when required to be phased or interrupted shall not be deemed a suspension.of 10.2.1 The Subcontractor shall notify the Contractor in writing ten (10) business days after receipt of the Contractor's order suspending, delaying or interrupting the Subcontract Work of the effect of such order upon the Subcontract Work. To the extent allowed the Contractor under the Prime Contract, the Subcontract Price or Schedule of the Work shall be adjusted by Subcontract Change Order for any increase in the time or cost of performance of this Master Subcontract Agreement caused by such suspension, delay or interruption. 10.2.2 No claim relating to suspension shall be allowed for any costs incurred more than ten (10) business days prior to the Subcontractor's notice to the Contractor as provided in Subparagraph 10.2.1. 10.2.3 Neither the Subcontract Price nor the time for performance of the Subcontract Work shall be adjusted under this Article for any suspension, delay or interruption to the extent that performance would have been suspended, delayed, or interrupted by the fault or negligence of the Subcontractor or by a cause for which the Subcontractor would have been responsible. 10.2.4 The Subcontract Price shall not be adjusted under this Article for any suspension, delay or interruption to the extent that performance would have been suspended, delayed or interrupted by a cause for which the Subcontractor would have been entitled only to a time extension under this Master Subcontract Agreement. 10.2.5 In the event the Subcontract Work suspended, delayed or interrupted is, for any reason, deleted from the Contractor's or the Subcontractor's scope of work, the Contractor shall be liable to the Subcontractor solely for the reasonable value of Subcontract Work properly performed by the Subcontractor (as reflected in the Subcontractor's schedule of values and breakdown of Subcontract Work) prior to such deletion, including reasonable overhead and profit on Subcontract Work performed, but only to the extent, as a condition precedent, extent the Contractor receives payment from the Owner for such Subcontract Work as provided in Subparagraphs 2.5, 2.10, and all of 2.11. Pursuant to the Subcontractor’s request, the Contractor may, in its sole discretion, pursue the Owner for any shortfall in payment to Contractor for the reasonable value of Subcontract Work performed by Subcontractor prior to such deletion. Subcontractor shall be responsible for its proportionate costs and expenses associated with such action and shall provide whatever assistance Contractor requests in pursuit of such claim.of

Appears in 1 contract

Samples: Master Subcontract Agreement

Suspension by Contractor. The Contractor may, in its sole discretion, may order the Subcontractor in writing to suspend, delay or interrupt all or any part of the Subcontract Work for such period of time as may be determined to be appropriate for the convenience of the Contractor. Subcontract Work when required to be phased or interrupted shall not be deemed a suspension.SAMPLE 10.2.1 The Subcontractor shall notify the Contractor in writing ten (10) business days after receipt of the Contractor's order suspending, delaying or interrupting the Subcontract Work of the effect of such order upon the Subcontract Work. To the extent allowed the Contractor under the Prime Contract, the Subcontract Price or Schedule of the Work shall be adjusted by Subcontract Change Order for any increase in the time or cost of performance of this Master Subcontract Agreement caused by such suspension, delay or interruption. 10.2.2 No claim relating to suspension shall be allowed for any costs incurred more than ten (10) business days prior to the Subcontractor's notice to the Contractor as provided in Subparagraph 10.2.1. 10.2.3 Neither the Subcontract Price nor the time for performance of the Subcontract Work shall be adjusted under this Article for any suspension, delay or interruption to the extent that performance would have been suspended, delayed, or interrupted by the fault or negligence of the Subcontractor or by a cause for which the Subcontractor would have been responsible. 10.2.4 The Subcontract Price shall not be adjusted under this Article for any suspension, delay or interruption to the extent that performance would have been suspended, delayed or interrupted by a cause for which the Subcontractor would have been entitled only to a time extension under this Master Subcontract Agreement. 10.2.5 In the event the Subcontract Work suspended, delayed or interrupted is, for any reason, deleted from the Contractor's or the Subcontractor's scope of work, the Contractor shall be liable to the Subcontractor solely for the reasonable value of Subcontract Work properly performed by the Subcontractor (as reflected in the Subcontractor's schedule of values and breakdown of Subcontract Work) prior to such deletion, including reasonable overhead and profit on Subcontract Work performed, but only to the extent, as a condition precedent, extent the Contractor receives payment from the Owner for such Subcontract Work as provided in Subparagraphs 2.5, 2.10, and all of 2.11. Pursuant to the Subcontractor’s request, the Contractor may, in its sole discretion, pursue the Owner for any shortfall in payment to Contractor for the reasonable value of Subcontract Work performed by Subcontractor prior to such deletion. Subcontractor shall be responsible for its proportionate costs and expenses associated with such action and shall provide whatever assistance Contractor requests in pursuit of such claim.any

Appears in 1 contract

Samples: Master Subcontract Agreement

Suspension by Contractor. The Contractor may, in its sole discretion, may order the Subcontractor in writing to suspend, delay or interrupt all or any part of the Subcontract Work for such period of time as may be determined to be appropriate for the convenience of the Contractor. Subcontract Work when required to be phased or interrupted shall not be deemed a suspension. 10.2.1 The Subcontractor shall notify the Contractor in writing ten (10) business days after receipt of the Contractor's order suspending, delaying or interrupting the Subcontract Work of the effect of such order upon the Subcontract Work. To the extent allowed the Contractor under the Prime Contract, the Subcontract Price or Schedule of the Work shall be adjusted by Subcontract Change Order for any increase in the time or cost of performance of this Master Subcontract Agreement caused by such suspension, delay or interruption. 10.2.2 No claim relating to suspension shall be allowed for any costs incurred more than ten (10) business days prior to the Subcontractor's notice to the Contractor as provided in Subparagraph 10.2.1. 10.2.3 Neither the Subcontract Price nor the time for performance of the Subcontract Work shall be adjusted under this Article for any suspension, delay or interruption to the extent that performance would have been suspended, delayed, or interrupted by the fault or negligence of the Subcontractor or by a cause for which the Subcontractor would have been responsible. 10.2.4 The Subcontract Price shall not be adjusted under this Article for any suspension, delay or interruption to the extent that performance would have been suspended, delayed or interrupted by a cause for which the Subcontractor would have been entitled only to a time extension under this Master Subcontract Agreement. 10.2.5 In the event the Subcontract Work suspended, delayed or interrupted is, for any reason, deleted from the Contractor's or the Subcontractor's scope of work, the Contractor shall be liable to the Subcontractor solely for the reasonable value of Subcontract Work properly performed by the Subcontractor (as reflected in the Subcontractor's schedule of values and breakdown of Subcontract Work) prior to such deletion, including reasonable overhead and profit on Subcontract Work performed, but only to the extent, as a condition precedent, the Contractor receives payment from the Owner for such Subcontract Work as provided in Subparagraphs 2.5, 2.10, and all of 2.11. Pursuant to the Subcontractor’s request, the Contractor may, in its sole discretion, pursue the Owner for any shortfall in payment to Contractor for the reasonable value of Subcontract Work performed by Subcontractor prior to such deletion. Subcontractor shall be responsible for its proportionate costs and expenses associated with such action and shall provide whatever assistance Contractor requests in pursuit of such claim.,

Appears in 1 contract

Samples: Master Subcontract Agreement

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Suspension by Contractor. The Contractor may, in its sole discretion, may order the Subcontractor in writing to suspend, delay or interrupt all or any part of the Subcontract Work for such period of time as may be determined to be appropriate for the convenience of the Contractor. Subcontract Work when required to be phased or interrupted shall not be deemed a suspension. 10.2.1 The Subcontractor shall notify the Contractor in writing ten (10) business days after receipt of the Contractor's order suspending, delaying or interrupting the Subcontract Work of the effect of such order upon the Subcontract Work. To the extent allowed the Contractor under the Prime ContractContractor’s Contract with the Owner, the Subcontract Price or Schedule of the Work shall be adjusted by Subcontract Change Order for any increase in the time or cost of performance of this Master Subcontract Agreement caused by such suspension, delay or interruption. 10.2.2 No claim relating to suspension shall be allowed for any costs incurred more than ten (10) business days prior to the Subcontractor's notice to the Contractor as provided in Subparagraph 10.2.1. 10.2.3 Neither the Subcontract Price nor the time for performance Schedule of the Subcontract Work shall be adjusted under this Article for any suspension, delay or interruption to the extent that performance would have been suspended, delayed, or interrupted by the fault or negligence of the Subcontractor or by a cause for which the Subcontractor would have been responsible. 10.2.4 The Subcontract Price shall not be adjusted under this Article for any suspension, delay or interruption to the extent that performance would have been suspended, delayed or interrupted by a cause for which the Subcontractor would have been entitled only to a time extension under this Master Subcontract Agreement. 10.2.5 In the event the Subcontract Work suspended, delayed or interrupted is, for any reason, deleted from the Contractor's or the Subcontractor's scope of work, the Contractor shall be liable to the Subcontractor solely for the reasonable value of Subcontract Work properly performed by the Subcontractor (as reflected in the Subcontractor's schedule of values and breakdown of Subcontract Work) prior to such deletion, including reasonable overhead and profit on Subcontract Work performed, but only to the extent, as a condition precedent, extent the Contractor receives payment from the Owner for such Subcontract Work as provided in Subparagraphs 2.5, 2.10, and all of 2.11Subparagraph 7.3.5. Pursuant to the Subcontractor’s request, the Contractor may, in its sole discretion, pursue the Owner for any shortfall in payment to Contractor for the reasonable value of Subcontract Work performed by Subcontractor prior to such deletion. Subcontractor shall be responsible for its proportionate costs and expenses associated with such action and shall provide whatever assistance Contractor requests in pursuit of such claim.

Appears in 1 contract

Samples: Subcontract Agreement

Suspension by Contractor. The Contractor may, in its sole discretion, may order the Subcontractor in writing to suspend, delay or interrupt all or any part of the Subcontract Work for such period of time as may be determined to be appropriate for the convenience of the Contractor. Subcontract Work when required to be phased or interrupted shall not be deemed a suspension. 10.2.1 The Subcontractor shall notify the Contractor in writing ten (10) business days after receipt of the Contractor's order suspending, delaying or interrupting the Subcontract Work of the effect of such order upon the Subcontract Work. To the extent allowed the Contractor under the Prime ContractContractor’s Contract with the Owner, the Subcontract Price or Schedule of the Work shall be adjusted by Subcontract Change Order for any increase in the time or cost of performance of this Master Subcontract Agreement caused by such suspension, delay or interruption. 10.2.2 No claim relating to suspension shall be allowed for any costs incurred more than ten (10) business days prior to the Subcontractor's notice to the Contractor as provided in Subparagraph 10.2.1. 10.2.3 Neither the Subcontract Price nor the time for performance Schedule of the Subcontract Work shall be adjusted under this Article for any suspension, delay or interruption to the extent that performance would have been suspended, delayed, or interrupted by the fault or negligence of the Subcontractor or by a cause for which the Subcontractor would have been responsible. 10.2.4 The Subcontract Price shall not be adjusted under this Article for any suspension, delay or interruption to the extent that performance would have been suspended, delayed or interrupted by a cause for which the Subcontractor would have been entitled only to a time extension under this Master Subcontract Agreement. 10.2.5 In the event the Subcontract Work suspended, delayed or interrupted is, for any reason, deleted from the Contractor's or the Subcontractor's scope of work, the Contractor shall be liable to the Subcontractor solely for the reasonable value of Subcontract Work properly performed by the Subcontractor (as reflected in the Subcontractor's schedule of values and breakdown of Subcontract Work) prior to such deletion, including reasonable overhead and profit on Subcontract Work performed, but only to the extent, as a condition precedent, extent the Contractor receives payment from the Owner for such Subcontract Work as provided in Subparagraphs 2.5, 2.10, and all of 2.11Subparagraph 7.3.5. Pursuant to the Subcontractor’s request, the Contractor may, in its sole discretion, pursue the Owner for any shortfall in payment to Contractor for the reasonable value of Subcontract Work performed by Subcontractor prior to such deletion. Subcontractor shall be responsible for its proportionate costs and expenses associated with such action and shall provide whatever assistance Contractor requests in pursuit of such claim.and

Appears in 1 contract

Samples: Subcontract Agreement

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