Common use of Suspension by Owner Clause in Contracts

Suspension by Owner. 8.3.1 The Contracting Officer may order Contractor in writing to suspend, delay or interrupt all or any part of the Work for such period as it may determine to be appropriate for the convenience of Owner. 8.3.2 If the performance of all or any part of the Work on the Project is suspended, delayed, or interrupted at the direction of the Contracting Officer, and such act (i) causes delays in the critical path activity set forth in the CPM Schedule; and (ii) affects any Key Completion Time in Exhibit A, then any such affected Key Completion Time shall be adjusted as determined by the Contracting Officer, but the total extension of any Key Completion Time shall not exceed the length of the delay. 8.3.3 Any claims for extension of time pursuant to Section 8.3.2 shall be made in writing to the Contracting Officer no more than ten (10) Days after the commencement of the delay, otherwise they shall be waived. In the case of a continuing cause of delay, only one claim is necessary. Any delay of less than twenty-four (24) hours’ duration shall not be justification for adjusting any Key Completion Time or the Contract Price. 8.3.4 To the extent practical, Contractor shall reduce the size of its Project staff upon notice from the Contracting Officer of any Owner caused delay or interruption which is likely to exceed thirty (30) Days to reduce costs and expenses to Owner. Upon the termination of the delay or as otherwise directed by Owner, Contractor shall restore the Project staff to its former size. 8.3.5 No adjustments to the Contract Price or Contract Time or any Key Completion Time shall be made under this Section 8.3 for any suspension, delay, or interruption by Owner (i) to the extent that performance would have been so suspended, delayed or interrupted by the fault or negligence of Contractor or any party under Contractor’s responsibility and control or (ii) for which an equitable adjustment is provided or excluded under any other provision of the Contract Documents. Owner’s exercise of any of its rights under the Contract Documents or Owner’s requirement of correction or re-execution of any defective Work shall not, under any circumstances, be construed as interference with Contractor’s performance of the Work. 8.3.6 Notwithstanding anything contained herein to the contrary, no extensions of the Contract Time, any Key Completion Times or increase to the Contract Price shall be permitted except as approved in advance and in accordance with the GLWA Procurement Policy. 8.3.7 Each Subcontractor shall be bound by the provisions of this Section 8.3.

Suspension by Owner. 8.3.1 The Contracting Officer may order Contractor in writing to suspend, delay or interrupt all or any part of the Work for such period as it may determine to be appropriate for the convenience of Owner. 8.3.2 If the performance of all or any part of the Work on the Project is suspended, delayed, or interrupted at the direction of the Contracting Officer, and such act (i) causes delays in the critical path activity set forth in the CPM Schedule; and (ii) affects any Key Completion Time in Exhibit A, then any such affected Key Completion Time shall be adjusted as determined by the Contracting Officer, but the total extension of any Key Completion Time shall not exceed the length of the delay. 8.3.3 Any claims for extension of time pursuant to Section 8.3.2 shall be made in writing to the Contracting Officer no more than ten (10) Days after the commencement of the delay, otherwise they shall be waived. In the case of a continuing cause of delay, only one claim is necessary. Any delay of less than twenty-four (24) hours’ hours duration shall not be justification for adjusting any Key Completion Time or the Contract Price. 8.3.4 To the extent practical, Contractor shall reduce the size of its Project staff upon notice from the Contracting Officer of any Owner caused delay or interruption which is likely to exceed thirty (30) Days to reduce costs and expenses to Owner. Upon the termination of the delay or as otherwise directed by Owner, Contractor shall restore the Project staff to its former size. 8.3.5 No adjustments to the Contract Price or Contract Time or any Key Completion Time shall be made under this Section 8.3 for any suspension, delay, or interruption by Owner (i) to the extent that performance would have been so suspended, delayed or interrupted by the fault or negligence of Contractor or any party under Contractor’s responsibility and control or (ii) for which an equitable adjustment is provided or excluded under any other provision of the Contract Documents. Owner’s exercise of any of its rights under the Contract Documents or Owner’s requirement of correction or re-execution of any defective Work shall not, under any circumstances, be construed as interference with Contractor’s performance of the Work. 8.3.6 Notwithstanding anything contained herein to the contrary, no extensions of the Contract Time, any Key Completion Times or increase to the Contract Price shall be permitted except as approved in advance and in accordance with the GLWA Procurement Policy. 8.3.7 Each Subcontractor shall be bound by the provisions of this Section 8.3.

Suspension by Owner. 8.3.1 The Contracting Officer may order Contractor in writing (a) Owner shall have the right, at any time and from time to suspendtime and for any reason, delay or interrupt to suspend all or any part of the Work upon giving written notice to Contractor, whereupon Contractor shall suspend the carrying out of such suspended Work for such period time or times and in such manner as it Owner may determine require and shall take reasonable steps to be appropriate for the convenience of Owner. 8.3.2 If the performance of all or minimize any part of the Work on the Project is suspended, delayed, or interrupted at the direction of the Contracting Officer, and costs associated with such act (i) causes delays in the critical path activity set forth in the CPM Schedule; and (ii) affects any Key Completion Time in Exhibit A, then suspension. During any such affected Key Completion Time shall be adjusted as determined by the Contracting Officer, but the total extension of any Key Completion Time shall not exceed the length of the delay. 8.3.3 Any claims for extension of time pursuant to Section 8.3.2 shall be made in writing to the Contracting Officer no more than ten (10) Days after the commencement of the delay, otherwise they shall be waived. In the case of a continuing cause of delay, only one claim is necessary. Any delay of less than twenty-four (24) hours’ duration shall not be justification for adjusting any Key Completion Time or the Contract Price. 8.3.4 To the extent practicalsuspension, Contractor shall reduce exercise commercially reasonable efforts to maintain the size Work and to protect Owner’s associated interests at minimum cost, including mitigating and minimizing the amount of its Project staff upon notice costs that may result from such suspension, and Contractor shall properly preserve, protect and secure such suspended Work and the Contracting Officer of any Facility in such manner as Owner caused delay or interruption which is likely to exceed thirty (30) Days to reduce costs and expenses to Ownermay reasonably require. Upon the termination of the delay or as Unless otherwise directed instructed by Owner, Contractor shall restore during any such suspension maintain its staff and labor on or near the Project staff Site and otherwise be ready to its former size. 8.3.5 No adjustments to proceed expeditiously with the Contract Price or Contract Time or any Key Completion Time shall be made under this Section 8.3 for any suspension, delay, or interruption Work upon receipt of Owner’s further instructions. Except where such suspension ordered by Owner (i) is the result of or due to the extent that performance would have been so suspended, delayed or interrupted by the fault or negligence of Contractor or any party under Contractor’s responsibility Subcontractor, Contractor shall be entitled to the reasonable, demonstrated costs incurred by Contractor in the implementation and control or (ii) for which an equitable adjustment is provided or excluded under any other provision discontinuance of the Contract Documentssuspension under a Change Order, including reasonable demobilization and remobilization costs, if necessary, upon providing appropriate supporting documentation to evidence such costs, and a time extension to the Milestone Schedule extending the Milestone Schedule for a period of time reasonably necessary to overcome the effects of such suspension if and to the extent permitted under Article 8. Owner’s exercise Upon receipt of any of its rights under the Contract Documents or Owner’s requirement of correction or re-execution of any defective Work notice to resume suspended Work, Contractor shall not, under any circumstances, be construed as interference with Contractor’s immediately resume performance of the Work. 8.3.6 Notwithstanding anything contained herein Work to the contrary, extent required in the notice. In no extensions event shall Contractor be entitled to any additional profits or damages due to such suspension. Should a suspension of the Contract Timeentire Work which is ordered by Owner continue for one hundred eighty (180) or more consecutive days, any Key Completion Times or increase either Party may terminate this Agreement by written notice to the Contract Price other Party and the rights and remedies of Contractor shall be permitted the same as those set forth in Section 16.4 hereof in the event of termination by convenience by Owner. Notwithstanding the foregoing, Owner expressly acknowledges and agrees that it shall have no right to suspend manufacture of the General Electric scope of supply under the Power Island Supply Agreement except as approved permitted in advance and in accordance with the GLWA Procurement PolicyPower Island Supply Agreement. 8.3.7 Each Subcontractor shall be bound by the provisions of this Section 8.3.

Suspension by Owner. 8.3.1 The Contracting Officer may order Contractor in writing to suspend, delay or interrupt all or any part of the Work for such period as it may determine to be appropriate for the convenience of Owner. 8.3.2 If the performance of all or any part of the Work on the Project is suspended, delayed, or interrupted at the direction of the Contracting Officer, and such act (i) causes delays in the critical path activity set forth in the CPM Schedule; and (ii) affects any Key Completion Time in Exhibit A, then any such affected Key Completion Time shall be adjusted as determined by the Contracting Officer, but the total extension of any Key Completion Time shall not exceed the length of the delay. 8.3.3 Any claims for extension of time pursuant to Section 8.3.2 shall be made in writing to the Contracting Officer no more than ten (10) Days after the commencement of the delay, otherwise they shall be waived. In the case of a continuing cause of delay, only one claim is necessary. Any delay of less than twenty-four (24) hours’ hours duration shall not be justification for adjusting any Key Completion Time or the Contract Price. 8.3.4 To the extent practical, Contractor shall reduce the size of its Project staff upon notice from the Contracting Officer of any Owner caused delay or interruption which is likely to exceed thirty (30) Days to reduce costs and expenses to Owner. Upon the termination of the delay or as otherwise directed by Owner, Contractor shall restore the Project staff to its former size. 8.3.5 No adjustments to the Contract Price or Contract Time or any Key Completion Time shall be made under this Section 8.3 for any suspension, delay, or interruption by Owner (i) to the extent that performance would have been so suspended, delayed or interrupted by the fault or negligence of Contractor or any party under Contractor’s responsibility and control or (ii) for which an equitable adjustment is provided or excluded under any other provision of the Contract Documents. Owner’s exercise of any of its rights under the Contract Documents or Owner’s requirement of correction or re-execution of any defective Work shall not, under any circumstances, be construed as interference with Contractor’s performance of the Work. 8.3.6 Notwithstanding anything contained herein to the contrary, no extensions of the Contract Time, any Key Completion Times or increase to the Contract Price shall be permitted except as approved in advance and in accordance with the GLWA Procurement Policy. 8.3.7 Each Subcontractor shall be bound by the provisions of this Section 8.3.