Common use of Suspension for Cause by Buyer Clause in Contracts

Suspension for Cause by Buyer. Buyer will be entitled to order Seller to suspend performance of (i) that portion of the Work (A) being performed in breach of the Definitive Agreement to the extent such performance poses an imminent danger to the safety of any individual or the Work or (B) that results in any material violation of any law or applicable permit or (ii) the Work as a whole if, after the Closing, (A) Seller fails to maintain any insurance coverage required to be maintained in the Definitive Agreement or (B) there have been at least two (2) material violations of laws or applicable permits or applicable health, safety, quality, construction, workplace, and security rules, procedures, and programs with respect to Work or the project site. Notices of any such suspension delivered by Buyer to Seller will specify the scope and period of suspension (or Buyer’s good faith estimate thereof) and the reason(s) therefor. Upon receiving a notice of any such suspension, Seller will be required to suspend the Work or portion of the Work, as applicable, and take such other actions as specified and reasonably required by Buyer to protect individuals and property and to cure any condition that resulted in such suspension. During the period of suspension, Seller will retain its obligation to properly care for and protect all Work in progress, unless otherwise directed by Xxxxx. Buyer will withdraw the suspension upon the elimination of the condition(s) or, in the case of a suspension pursuant to clause (ii)(B), Xxxxx’s approval (not to be unreasonably withheld) of a plan developed by Seller to prevent the future occurrence of violations that resulted in or could result in such suspension. On the specified date of withdrawal, Seller will, as promptly as practicable, resume performance of the Work for which the suspension was withdrawn. For the avoidance of doubt, Seller will not be entitled to any cost, schedule or other relief with respect to the performance of the Work arising out of or relating to any suspension under this item 37.

Suspension for Cause by Buyer. At any time and from time to time, upon notice to Seller, Buyer will be entitled to order Seller to may suspend further performance of (i) that all or any portion of the Work Work, including construction or delivery of any Goods and installation or erection of any portion of the Project, as a result of (Aa) being performed in any material breach of the Definitive this Agreement to the extent such performance which poses an imminent danger threat to the safety of any individual or the Work or Work, (Bb) that results in any a material violation of any law Law or applicable permit Permit, or (iic) the Work as a whole if, after the Closing, (Ai) Seller fails Seller’s failure to maintain any insurance coverage required to be maintained by Seller or any Contractor or Subcontractor of Seller in the Definitive this Agreement or any Ancillary Agreement or (Bii) there have been at least two (2) material violations of laws Laws or applicable permits Permits or applicable health, safety, quality, construction, workplace, and security rules, procedures, and programs with respect to Work or the project siteProject Site (a “Suspension for Cause”). Notices of any such suspension Suspension for Cause delivered by Buyer to Seller will shall specify the scope and period of suspension (or Buyer’s good faith estimate thereof) and the reason(s) therefor. Upon receiving a notice of any such suspensionSuspension for Cause, Seller will be required to suspend shall immediately take the Work or portion of the Workactions described in Section 25.2(a)(i) (substituting suspension notice for termination notice) and Section 25.2(a)(v), as applicableunless otherwise directed by Buyer, and shall take such other actions as specified and reasonably required by Buyer to protect individuals and property and the Work or to cure any condition that resulted in such suspensionviolation of Law or applicable Permit. Seller shall notify Buyer upon ceasing the suspended Work and, if applicable, withdrawing from or vacating the Project Site. During the period of suspension, Seller will shall retain its obligation obligations to properly care for and protect all Work in progress, including all Goods, unless otherwise directed by XxxxxBuyer. Buyer will shall withdraw the suspension Suspension for Cause in whole or in part by notice to Seller specifying the scope and effective date of such withdrawal upon the elimination of the condition(s) or, in threat to the case safety of a suspension pursuant to clause (ii)(B), Xxxxx’s approval (not to be unreasonably withheld) individuals and the Work and cure of a plan developed by Seller to prevent the future occurrence any violation of violations that resulted in applicable Law or could result in such suspensionapplicable Permit. On the specified date of withdrawal, Seller willshall, as promptly as practicable, resume performance of the Work for which the suspension Suspension for Cause was withdrawn. For the avoidance of doubt, Seller will not be entitled to any cost, schedule or other relief with respect to the performance of the Work arising out of or relating to any suspension under this item 37.

Suspension for Cause by Buyer. Without prejudice to the further limitations on Seller’s access rights to the Project Site after the Closing in Section 12.3(b) and Section 12.3(c), Buyer will be entitled may, at any time and from time to order Seller time upon notice to Seller, suspend further performance of (i) that all or any portion of the Work Work, including construction or delivery of any Goods and installation or erection of any portion of the Project, as a result of (Aa) being performed in any breach of the Definitive this Agreement to the extent such performance that poses an imminent danger threat to the safety of any individual or the Work or (Bb) that results in any material violation of any law Law or applicable permit or Permit (ii) the Work as a whole if, after the Closing, (A) Seller fails to maintain any insurance coverage required to be maintained in the Definitive Agreement or (B) there have been at least two (2) material violations of laws or applicable permits or applicable health, safety, quality, construction, workplace, and security rules, procedures, and programs with respect to Work or the project site“Suspension for Cause”). Notices of any such suspension Suspension for Cause delivered by Buyer to Seller will shall specify the scope and period of suspension (or Buyer’s good faith estimate thereof) and the reason(s) therefor. Upon receiving a notice of any such suspensionSuspension for Cause, Seller will be required to suspend shall immediately take the Work or portion of the Workactions described in Section 25.2(a)(i) (substituting suspension notice for termination notice) and Section 25.2(a)(iv), as applicableunless otherwise directed by Buyer, and shall take such other actions as specified and reasonably required by Buyer to protect individuals individuals, the Project, and property and the Work or to cure any condition that resulted in such suspensionviolation of Law or applicable Permit or the effects thereof. During Seller shall notify Buyer upon ceasing the period of suspensionsuspended Work and, Seller will retain its obligation to properly care for and protect all Work in progressif applicable, unless otherwise directed by Xxxxxwithdrawing from or vacating the Project Site. Buyer will shall withdraw the suspension Suspension for Cause in whole or in part by notice to Seller specifying the scope and effective date of such withdrawal upon the elimination of the condition(s) or, in threat to the case safety of a suspension pursuant to clause (ii)(B), Xxxxx’s approval (not to be unreasonably withheld) individuals and the Work and cure of a plan developed by Seller to prevent the future occurrence any violation of violations that resulted in applicable Law or could result in such suspensionapplicable Permit. On the specified date of withdrawal, Seller willshall, as promptly as practicable, resume performance of the Work for which the suspension Suspension for Cause was withdrawn. For the avoidance The exercise by Buyer of doubtits rights under this Section 6.4 shall not in any way limit or relieve Seller of its obligations or adversely affect Buyer’s rights and remedies under this Agreement (including Seller’s responsibility, Seller will not be entitled to any cost, schedule or other relief with respect to the performance extent provided in Section 12.1(b), for the care, custody, control, protection, security, and safekeeping of the Work arising out Project Assets (including the Project and the Project Site and Seller’s obligations under the Project Warranty), even if, as a result of such exercise, Buyer (or relating to any suspension under this item 37its delegate) physically takes over (in whole or in part) care, custody, control, protection, security, or safekeeping the Project Assets (in which case, the actions and omissions by Buyer, or its delegate, in that regard shall be treated as if they had been taken or made by Seller for all purposes).

Suspension for Cause by Buyer. At any time and from time to time, upon notice to Seller, Buyer will be entitled to order Seller to may suspend further performance of (i) that all or any portion of the Work Work, including construction or delivery of any Goods and installation or erection of any portion of the Project, as a result of (Aa) being performed in any material breach of the Definitive this Agreement to the extent such performance which poses an imminent danger threat to the safety of any individual or the Work or or, (Bb) that results in any a material violation of any law Law or applicable permit Permit, or (iic) the Work as a whole if, after the Closing, (Ai) Seller fails Seller’s failure to maintain any insurance coverage required to be maintained by Seller or any Contractor or Subcontractor of Seller in the Definitive this Agreement or any Ancillary Agreement or (Bii) there have been at least two (2) material violations of laws Laws or applicable permits Permits or applicable health, safety, quality, construction, workplace, and security rules, procedures, and programs with respect to Work or the project siteProject Site (a “Suspension for Cause”). Notices of any such suspension Suspension for Cause delivered by Buyer to Seller will shall specify the scope and period of suspension (or Buyer’s good faith estimate thereof) and the reason(s) therefor. Upon receiving a notice of any such suspensionSuspension for Cause, Seller will be required to suspend shall immediately take the Work or portion of the Workactions described in Section 25.2(a)(i) (substituting suspension notice for termination notice) and Section 25.2(a)(v), as applicableunless otherwise directed by Buyer, and shall take such other actions as specified and reasonably required by Buyer to protect individuals and property and the Work or to cure any condition that resulted in such suspensionviolation of Law. or applicable Permit. Seller shall notify Buyer upon ceasing the suspended Work and, if applicable, withdrawing from or vacating the Project Site. During the period of suspension, Seller will shall retain its obligation obligations to properly care for and protect all Work in progress, including all Goods, unless otherwise directed by XxxxxBuyer. Buyer will shall withdraw the suspension Suspension for Cause in whole or in part by notice to Seller specifying the scope and effective date of such withdrawal upon the elimination of the condition(s) or, in threat to the case safety of a suspension pursuant to clause (ii)(B), Xxxxx’s approval (not to be unreasonably withheld) individuals and the Work and cure of a plan developed by Seller to prevent the future occurrence any violation of violations that resulted in applicable Law. or could result in such suspensionapplicable Permit. On the specified date of withdrawal, Seller willshall, as promptly as practicable, resume performance of the Work for which the suspension Suspension for Cause was withdrawn. For the avoidance of doubt, Seller will not be entitled to any cost, schedule or other relief with respect to the performance of the Work arising out of or relating to any suspension under this item 37.