Suspension by JPA Sample Clauses

Suspension by JPA. (a) The JPA Representative may instruct Design-Builder to suspend and, after a suspension has been instructed, to re-commence the carrying out of all or a part of the Work. The JPA Representative is not required to exercise such authority for the benefit of Design-Builder. (b) If a suspension under this Section 13.2 arises as a result of Design-Builder’s failure to properly carry out any of its obligations under this Agreement, Design-Builder will not be entitled to: (i) include any costs incurred as a result of the suspension in the applicable Cost of the Work or Extra Work Costs; or (ii) any adjustment of the applicable NTE or Contract Price (Phase 2). (c) If a suspension under this Section 13.2 arises due to a cause other than Design- Builder’s failure to carry out its obligations in accordance with this Agreement, such suspension shall be deemed a suspension for convenience by JPA and shall be subject to subsection (e) of the definition of “JPA-Caused Delay.”
Sample 1
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Related to Suspension by JPA

  • Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, the obligation of the affected party, so far as it is affected by such Force Majeure as described, shall be suspended during the continuance of the inability then claimed but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.

  • Survival The representations and warranties contained herein shall survive the Closing and the delivery of the Securities.

  • Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York.

  • Termination In the event that either Party seeks to terminate this DPA, they may do so by mutual written consent so long as the Service Agreement has lapsed or has been terminated. Either party may terminate this DPA and any service agreement or contract if the other party breaches any terms of this DPA.

  • WHEREAS the Company desires the Warrant Agent to act on behalf of the Company, and the Warrant Agent is willing to so act, in connection with the issuance, registration, transfer, exchange, redemption and exercise of the Warrants; and

  • NOW, THEREFORE the parties hereto agree as follows:

  • Definitions As used in this Agreement, the following terms shall have the following meanings:

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

  • Notices Any notice, request or other document required or permitted to be given or delivered to the Holder by the Company shall be delivered in accordance with the notice provisions of the Purchase Agreement.

  • Representations and Warranties Borrower represents and warrants as follows:

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