Suspension is not Termination. Any suspension of performance under this provision constitutes a temporary stoppage of performance of the Agreement, and does not constitute a termination of the Agreement pursuant to Section XIX of this Agreement. In the event that the condition(s) causing the suspension have been rectified and suspension is no longer required, the Parties will take all actions necessary to reactivate performance of the Agreement. In the event that the Owner determines that the conditions causing suspension of the Agreement are not likely to be rectified in a reasonable amount of time, the Owner retains the right to terminate this Agreement, pursuant to Section XIX. In the event of a suspension of performance pursuant to this Section of the Agreement, the Design Professional agrees to remain contractually obligated to perform the Services under this Agreement for the same hourly rates set forth in Section III.C of this Agreement for a period of three years after the Effective Date of the Agreement. If the Agreement is reactivated and the Design Professional is required to perform Services beyond this date or such other time period agreed to by the Parties, the Parties may negotiate updated hourly rates for the Design Professional and any Consultants and amend this Agreement accordingly.
Appears in 4 contracts
Samples: Design Professional's Agreement, Design Professional's Agreement, Design Professional's Agreement