Common use of SUSPENSION BY OWNER FOR CONVENIENCE Clause in Contracts

SUSPENSION BY OWNER FOR CONVENIENCE. Owner may suspend all or a portion of the Work to be performed under the Agreement at any time for any reason in its sole discretion by giving written notice thereof to Contractor. Such suspension shall continue for the period specified in the notice of suspension; provided that Contractor agrees to resume performance of the Work promptly upon receipt of notice from Owner. Upon receiving any such notice of suspension, unless the notice requires otherwise, Contractor shall: (a) immediately discontinue the Work on the date and to the extent specified in the notice; (b) place no further orders or subcontracts for Equipment, services or materials with respect to suspended Work, other than to the extent required in the notice; (c) promptly make every reasonable effort to obtain suspension, with terms satisfactory to Owner, of all orders, subcontracts and rental agreements to the extent they relate to performance of suspended Work; (d) continue to protect and maintain the Work performed, including those portions on which Work has been suspended; and (e) take any other reasonable steps to minimize costs and expenses associated with such suspension. Contractor shall use reasonable commercial efforts to include a suspension for convenience provision with terms similar to the foregoing in all subcontracts. After the conclusion of any suspension hereunder, Contractor will be entitled to a Change Order to the extent described in Section 9.5.1(b). If a suspension of Work continues for more than one hundred and eighty (180) days in the aggregate, Contractor may terminate this Agreement, which termination shall be deemed a Termination Without Cause.

Appears in 5 contracts

Samples: Procurement and Construction Agreement, Procurement and Construction Agreement, Procurement and Construction Agreement

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SUSPENSION BY OWNER FOR CONVENIENCE. Owner may suspend all or a portion of the Work to be performed under the this Agreement at any time for any reason in its sole discretion by giving written notice thereof to ContractorCompany. Such suspension shall continue for the period specified in the notice of suspension; provided that Contractor Company agrees to resume performance of the Work promptly upon receipt of notice from Owner. Upon receiving any such notice of suspensionsuspension from Owner, unless the notice requires otherwise, Contractor Company shall: (a) immediately discontinue the Work on the date and to the extent specified in the notice; (b) place no further orders or subcontracts Subcontracts for Equipment, services or materials with respect to suspended Work, other than to the extent required in the notice; (c) promptly make every reasonable effort to obtain suspension, with terms satisfactory to Owner, of all orders, subcontracts Subcontracts and rental agreements to the extent they relate to performance of suspended Work; (d) continue to protect and maintain the Work performed, including those portions on which Work has been suspended; and (e) take any other reasonable steps to minimize costs and expenses associated with such suspension. Contractor Company shall use reasonable commercial efforts to include a suspension for convenience provision with terms similar to the foregoing in all subcontractsSubcontracts. After the conclusion of any suspension hereunder, Contractor Company will be entitled to a Change Order to the extent described in Section 9.5.1(b). If a suspension of Work continues for more than one hundred and eighty (180) days in the aggregate, Contractor may terminate this Agreement, which termination shall be deemed a Termination Without Cause.10.5.1

Appears in 1 contract

Samples: Commercial Scale Demonstration Agreement (Heliogen, Inc.)

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SUSPENSION BY OWNER FOR CONVENIENCE. Owner may suspend all or a portion of the Work to be performed under the Agreement at any time for any reason in its sole discretion by giving written notice thereof to Contractor. Such suspension shall continue for the period specified in the notice of suspension; provided that Contractor agrees to resume performance of the Work promptly upon receipt of notice from Owner. Upon receiving any such notice of suspension, unless the notice requires otherwise, Contractor shall: (a) immediately discontinue the Work on the date and to the extent specified in the notice; (b) place no further orders or subcontracts for Equipment, services or materials with respect to suspended Work, other than to the extent required in the notice; (c) promptly make every reasonable effort to obtain suspension, with terms satisfactory to Owner, of all orders, subcontracts and rental agreements to the extent they relate to performance of suspended Work; (d) continue to protect and and‌ maintain the Work performed, including those portions on which Work has been suspended; and (e) take any other reasonable steps to minimize costs and expenses associated with such suspension. Contractor shall use reasonable commercial efforts to include a suspension for convenience provision with terms similar to the foregoing in all subcontracts. After the conclusion of any suspension hereunder, Contractor will be entitled to a Change Order to the extent described in Section 9.5.1(b). If a suspension of Work continues for more than one hundred and eighty (180) days in the aggregate, Contractor may terminate this Agreement, which termination shall be deemed a Termination Without Cause.

Appears in 1 contract

Samples: Procurement and Construction Agreement

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