Common use of Suspension of unsafe Construction Clause in Contracts

Suspension of unsafe Construction. Works (i) Upon recommendation of the Authority’s Engineer to this effect, the Authority may by notice require the Contractor to suspend forthwith the whole or any part of the Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrians. (ii) The Contractor shall, pursuant to the notice under Clause 11.17 (i), suspend the Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, the Users and pedestrians. The Contractor may by notice require the Authority’s Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Engineer, the Authority shall either revoke such suspension or instruct the Contractor to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 shall be repeated until the suspension hereunder is revoked. (iii) Subject to the provisions of Clause 21.6, all reasonable costs incurred for maintaining and protecting the Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the Contractor; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority. (iv) If suspension of Works is for reasons not attributable to the Contractor, the Authority’s Engineer shall determine any Time Extension to which the Contractor is reasonably entitled.

Suspension of unsafe Construction. Worksworks (i) 11.17.1 Upon recommendation of the Authority’s Authority Engineer to this effect, or on its own volition in cases of emergency or urgency, the Authority may by notice require the Contractor to suspend forthwith the whole or any part of the Works if, in the reasonable opinion of the Authority Engineer or the Authority’s Engineer, as the case may be, such work threatens the safety of the Users and pedestriansor other persons on or about the Railway Project. (ii) 11.17.2 The Contractor shall, pursuant to the notice under Clause 11.17 (i)11.17.1, suspend the Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, the Users Users, other persons and vehicles on or about the Railway Project including pedestrians. The Contractor may by notice require the Authority’s Authority Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Authority Engineer, the Authority shall either revoke such suspension or instruct the Contractor to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 shall be repeated until the suspension hereunder is revoked. (iii) 11.17.3 Subject to the provisions of Clause 21.619.6, all reasonable costs incurred for maintaining and protecting the Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the Contractor; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs PreservationCosts shall be borne by the Authority. (iv) 11.17.4 If suspension of Works is for reasons not attributable to the Contractor, the Authority’s Authority Engineer shall determine any Time Extension to which the Contractor is reasonably entitled.

Suspension of unsafe Construction. WorksWorks end of Biswanath Chariali Bypass of NH-15 from Km 182+000 to Km 208+000 (26 Km), under SARDP-NE, under EPC Mode at the Risk and Cost of EPC Contractor August 2024 (i) Upon recommendation of the Authority’s Engineer to this effect, the Authority may by notice require the Contractor to suspend forthwith the whole or any part of the Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrians. (ii) The Contractor shall, pursuant to the notice under Clause 11.17 (i), suspend the Works TheContractorshall,pursuanttothenoticeunderClause11.17(i),suspendtheWorks or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, the Users and pedestrians. The Contractor may by notice require the Authority’s Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be maybe revoked. Upon receiving the recommendations of the Authority’s Engineer, the Authority shall either revoke such suspension or instruct the Contractor to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 shall be repeated until the suspension hereunder is revoked. (iii) Subject to the provisions of Clause 21.6, all reasonable costs incurred for maintaining and protecting the Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the Contractor; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority. (iv) If suspension of Works is for reasons not attributable to the Contractor, the Authority’s Engineer shall determine any Time Extension to which the Contractor is reasonably entitledreason ablyentitled.

Suspension of unsafe Construction. WorksAutomation Works and services (i) 13.5.1 Upon recommendation of the Authority’s Engineer designated Officer to this effect, the Concessioning Authority may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of the Works Construction Works, services, equipment if, in the reasonable opinion of the Authority’s EngineerGovernment, such work threatens the safety of the Users and pedestriansstaff at site. (ii) 13.5.2 The Contractor Concessionaire shall, pursuant to the notice under Clause 11.17 (i)13.5.1, suspend the Works Construction Works, services, equipment or any part thereof for such time and in such manner as may be specified by the Concessioning Authority and thereupon carry out remedial measures to secure the safety of suspended works, works and the Users and pedestriansUsers. The Contractor Concessionaire may by notice require the Authority’s Engineer designated Officer to inspect such remedial measures forthwith and make a report to the Concessioning Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Engineerdesignated Officer, the Concessioning Authority shall either revoke such suspension or instruct the Contractor Concessionaire to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Concessioning Authority, and the procedure set forth in this Clause 11.17 13.5 shall be repeated until the suspension hereunder is revoked. (iii) 13.5.3 Subject to the provisions of Clause 21.628.7, all reasonable costs incurred for maintaining and protecting the Construction/ Automation Works or services or equipment or part thereof during the period of suspension (the “"Preservation Costs”"), shall be borne by the ContractorConcessionaire; provided that if the suspension has occurred as a result of any breach of this Agreement by the Concessioning Authority, the Preservation Costs shall be borne by the Concessioning Authority. (iv) 13.5.4 If suspension of Construction Works or services or equipment is for reasons not attributable to the ContractorConcessionaire, the Authority’s Engineer designated Officer shall determine any Time Extension extension of the dates set forth in the Project Completion Schedule to which the Contractor Concessionaire is reasonably entitled, and shall notify the Concessioning Authority accordingly whereupon the Concessioning Authority shall extend such Project Completion Schedule dates in accordance with the recommendations of the designated Officer. In the event that the Scheduled Project Completion Date is extended pursuant hereto, the Concession Period shall be deemed to be extended by a period equal in length to the period of extension of the Scheduled Project Completion Date.