Common use of Suspension of Construction Work Clause in Contracts

Suspension of Construction Work. (a) The Department shall at any time have the right and authority to suspend, in whole or in part, the Construction Work by written order to the Development Entity. Any such written order will be supported by the Department’s reasons for the required suspension of the Construction Work. (b) Except where any suspension of the Construction Work by the Department pursuant to this Section 7.8 (Suspension of Construction Work) is made in response to: (i) any failure by the Development Entity to comply with any Applicable Law or Governmental Approval (including failure to handle, preserve and protect archaeological, paleontological or historic resources, or failure to handle Hazardous Materials, in accordance with Applicable Laws and Governmental Approvals); or (ii) the existence of conditions unsafe for workers, other Project personnel or the general public, including failures to comply with Safety Standards or perform Safety Compliance, but only to the extent that such condition does not arise as a direct result of a Compensation Event or Relief Event, any such suspension order shall constitute a Compensation Event and any suspension order made in response to matters referred to in Sections 7.8(b)(i) or 7.8(b)(ii) shall cease to apply as soon as the relevant matter has been rectified or remedied to the reasonable satisfaction of the Department.

Appears in 3 contracts

Samples: CNG Fueling for Transit Agencies Partnership Project Public Private Transportation Partnership, Public Private Transportation Partnership Agreement, Public Private Transportation Partnership Agreement

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Suspension of Construction Work. (a) The Department shall at any time have the right and authority to suspend, in whole or in part, the Construction Work by written order to the Development Entity. Any such written order will be supported by the Department’s reasons for the required suspension of the Construction Work. (b) Except where any suspension of the Construction Work by the Department pursuant to this Section 7.8 7.9 (Suspension of Construction Work) is made in response to: (i) any failure by the Development Entity to comply with any Applicable Law or Governmental Approval (including failure to handle, preserve and protect archaeological, paleontological or historic resources, or failure to handle Hazardous Materials, in accordance with Applicable Laws and Governmental Approvals); or (ii) the existence of conditions unsafe for workers, other Project personnel or the general public, including failures to comply with Safety Standards or perform Safety Compliance, but only to the extent that such condition does not arise as a direct result of a Compensation Event or Relief Event, any such suspension order shall constitute a Compensation Event and any suspension order made in response to matters referred to in Sections 7.8(b)(i7.9(b)(i) or 7.8(b)(ii7.9(b)(ii) shall cease to apply as soon as the relevant matter has been rectified or remedied to the reasonable satisfaction of the Department.

Appears in 1 contract

Samples: Public Private Transportation Partnership Agreement

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