SUSPENSION OF THE WORK. 1. The State, at any time, may suspend all or any part of the services of the Engineer. In such event, the Engineer shall be given notice of such suspension in writing by registered or certified mail to the Engineer's address as furnished to the State for purposes of receiving notices under this contract, by email to the Engineer’s email address as furnished to the State for the purpose of notices, by facsimile transmission telecopy (fax) to the Engineer’s fax number as furnished to the State for the purpose of notices, or by hand delivery.
2. Upon receipt of such notice, the Engineer shall immediately discontinue all services affected (unless the notice directs otherwise). The mailing, email, fax or hand delivery of such notice shall preclude any claim on the part of the Engineer as to failure to receive notice of such suspension.
3. In the event of suspension by the State as noted above, the Engineer shall be entitled to such compensation as the Commissioner shall deem reasonable.
4. Should the State reactivate any assigned work covered by this contract, in whole or in part, within one year from the time the work was suspended, any fees paid to the Engineer pursuant to this contract shall be applied as payment on the fees for the work as set forth in this contract at the time of reactivation. Should reactivation occur after a period of suspension exceeding one (1) year, the Engineer and the State may renegotiate the fees for the work based on current conditions or either may unilaterally elect to terminate the remaining work.
5. In the event the State decides to suspend any work under this contract, the State shall become entitled, after payment of outstanding fees, to all finished and unfinished documents prepared pursuant to this contract.
6. If the Engineer should be unwilling or unable to perform the services required by this contract at the time the State desires to reactivate the work after a period of suspension, then all finished or unfinished documents prepared pursuant to this contract shall become the property of the State and the State shall have the right to immediate possession and use thereof.
7. The rights and remedies of the parties provided in this section are in addition to any other rights and remedies provided by law or under this contract.
SUSPENSION OF THE WORK.
(a) The Department will have the right and authority, without liability to the Developer, to suspend any affected portion of the Work by written order to the Developer to comply with any court order or judgment, to protect against a risk to the public health, safety or welfare (as more particularly set forth in Section 24.05(b)), including to workers, other personnel or the general public from unsafe or dangerous conditions, or upon the occurrence of any of the following by the Developer:
(i) with respect to Non-Conforming Work, as provided in Section 8.11(b)(i);
(ii) failure to comply with any Law or Governmental Approval (including failure to handle, preserve and protect archeological, paleontological or cultural resources, or failure to handle Hazardous Substances, in accordance with applicable Laws and Governmental Approvals);
(iii) failure to provide proof of required insurance coverage or to provide or maintain the required Performance Security;
(iv) failure to carry out and comply with Directive Letters; and
(v) failure to satisfy any conditions to commencing performance of the applicable portion of the Work set forth in Article 8 or Section 9.01.
(b) The Department will lift the suspension order promptly after it is permitted by the terms of the court order or judgment, after the dangerous or unsafe condition is rectified, or after the Developer fully cures and corrects the applicable breach or failure to perform.
(c) The Developer will have the right to dispute the Department’s suspension order by written notice to the Department, which notice will provide supporting information for the Developer’s position. Unless directed otherwise by the Department after receipt of such notice, the Developer will carry out the Work required by the Department. If it is determined in accordance with the dispute resolution procedures in Article 21 that the Developer was in compliance with its obligations under this Agreement, then the suspension order and any additional Work required by the Department will be treated as a Department Change pursuant to Section 14.02.
SUSPENSION OF THE WORK. In written from the Employer, the Supplier must suspend the Work either in full or in part, for whatever period and in whatever way the Employer considers to be reasonably necessary. The Supplier must, in such circumstances, protect and safeguard the Work to the extent that this is considered to be necessary by the Employer. In cases where the suspension lasts for more than six months, the Supplier and the Employer engage themselves to renegotiate the Agreement for the Work on the basis of the new circumstances. The Supplier and/or the Employer are free to request for settlement of disputes in accordance with Clause 33 of this Agreement.
SUSPENSION OF THE WORK. (a) Buyer may at any time, by written notice, order a suspension of the work in whole or in part for a period of up to ninety (90) days. Seller shall immediately comply with any such order and shall promptly take all steps necessary to put any such order into full force and effect in a manner that minimizes the cost to do so. During any period of suspension, Seller shall not remove any part of the work from any premises without prior written consent of Buyer. Within the said period of suspension, Buyer shall either i. rescind the order suspending the work,
ii. change the work or specifications in accordance with Article 1.4, or
iii. terminate the contract in whole or in part in accordance with Article 1.8, or Article 1.9, whichever may be appropriate.
SUSPENSION OF THE WORK. If Owner exercises its suspension rights under Article 22, Owner shall grant to Contractor an extension of the Contract Time for the relevant part of the Work equal to the length of the actual delay to the Critical Path necessarily caused by such suspension, but there shall be no adjustment of the Contract Amount in connection with such suspension except as explicitly provided in this Article. In the event that the Work is suspended by Owner pursuant to this Article for more than thirty days, the Contract Amount for such part of the Work may be adjusted for any increase in the cost of performance of the Work (excluding profit) necessarily caused by such suspension. However, no adjustment of the Contract Time or Contract Amount shall be made for any suspension: (a) to the extent that performance would have been suspended, delayed or interrupted by any other cause, including the fault or negligence of Contractor or (b) for which equitable adjustment is provided for or excluded under any other provision of the Contract.
SUSPENSION OF THE WORK. Performance of the Work under this Agreement may be suspended by AURA in the event of a total or partial government shut down or if funding for the Work or this Project is delayed or suspended. Such suspension shall be considered temporary and in no way shall be deemed to be a breach or termination of this Agreement.
SUSPENSION OF THE WORK. 10.1 Suspension of the Work for the Authority’s Convenience. The Authority shall have the right to defer the Commencement Date or to suspend the whole, or any part, of the Work required under the Contract Documents whenever, in the sole discretion of the Authority, it is necessary or expedient for the Authority to do so. The Authority shall by notice to the Contractor suspend performance of the Work and upon receipt of such notice, unless otherwise directed in writing by the Authority, the Contractor shall immediately discontinue all Work, except as necessary to properly secure the Project.
10.1.1 In the event of a suspension by the Authority pursuant to this Section, the Contractor shall be entitled to an extension of the Contract Time equivalent to the duration of the suspension, and Compensation, if any, shall be determined as follows:
10.1.1.1 If the Authority determines that the Work has been suspended for a period cumulatively totaling less than forty-five (45) Days, or if the Project was procured on a time-and-materials basis, there shall be no additional compensation paid to the Contractor.
10.1.1.2 If the Authority determines that the Work has been suspended for a period cumulatively totaling forty-five (45) Days or more on a project procured on a lump-sum basis, and if the Authority determines that the suspension has resulted from no fault of the Contractor, the Parties may amend the Contract Documents to provide an adjustment to the Contract Price (if lump sum) in an amount deemed proper by the Authority and the Contractor after a review of the Contractor's submissions relating to the increased costs actually incurred by the Contractor as a direct result of the suspension. No such adjustment to the Contract Price will change any of the other terms of the Contract Documents. In no case shall the Contractor be entitled to profit or overhead on the direct costs asserted. In no case shall the Contractor be entitled to damages or compensation for lost profit or lost opportunity; compensation for extended, unabsorbed or under-absorbed home office overhead or damages calculated under the Eichleay formula or under any other formula used by the Contractor to calculate damages for lost profit or lost opportunity, or extended, unabsorbed or under-absorbed home office overhead; or any other kind of consequential or indirect cost or damage as a result of any suspension.
10.1.1.3 When the Authority has determined that a suspension is the fault of the Contract...
SUSPENSION OF THE WORK. The Owner may, without cause, order the Contractor to suspend the Work in whole or in part for such period of time as the Owner may determine. Any such suspension shall commence on or before the seventh (7th) day after the Contractor’s receipt of written Notice thereof from the Owner. The Contractor shall resume any suspended Work within five (5) days of the Owner’s written Notice directing the same. Should a suspension of the entire Work which is ordered by the Owner continue for ninety (90) or more consecutive days, either Party may thereafter terminate this Agreement by written Notice to the other Party and the rights and remedies of the Contractor shall be the same as those which are expressed in Section 28.1 hereof in the event of termination for convenience by the Owner.
SUSPENSION OF THE WORK. (a) Contractor may suspend the Work temporarily if District fails to make any payment within fifteen (15) days after the date on which such payment is required to be made hereunder. Contractor shall be entitled to request (i) an extension of the deadlines of this Agreement for the same period of the suspension, and (ii) the reimbursement of the additional costs and expenses, if any, reasonably incurred and substantiated by Contractor in protecting, securing or insuring the Work, and in resumption of the Work.
(b) In the event that the Work is totally or partially suspended by reason of an order from a Governmental Authority, the Party that has caused the issuance of such order (whether by reason of an act, omission or default) shall bear all the damages, costs and expenses caused by the suspension, subject to the limitations provided under Section 6.2(d) of this Agreement. If the suspension is not due to an act, omission or default of any of the Parties, then the deadlines of this Agreement will be extended for the same period of the suspension, or for such other period that the Parties deem reasonable in view of the circumstances, and Contractor shall assume any costs arising under the effects of the suspension on the obligations of the Parties under this Agreement. Notwithstanding the occurrence or continuation of any Force Majeure Event, the provisions of this Section 2.10(b) shall apply.
(c) After the resumption of the performance of the Work, Contractor shall, after due notice to District, examine the Work affected by the suspension. Contractor shall make good any defect, deterioration or loss of the construction or the Work affected that may have occurred during the suspension period. Costs properly incurred by Contractor (including mobilization costs, insurance fees and others) shall be added to the Contract Price, so long as the suspension did not arise due to any act, omission or default on the part of Contractor.
SUSPENSION OF THE WORK. (a) The Authority may, by written order, order the Design-Builder to suspend all or any or part of the Work. Such suspension may be made (i) for convenience or (ii) for cause, including for the Design-Builder’s failure to correct unsafe conditions or comply with Governmental Approvals, Applicable Law, the Authority directives, or other requirements of the DBA.
