Common use of Suspension of Works Clause in Contracts

Suspension of Works. Upon recommendation of the Independent Engineer to this effect, the Authority may by notice require the Contractor to suspend forthwith whole or any part of Maintenance Works if, in the reasonable opinion of the Authority, such work threatens the safety of the Users or any other person on or about the Project. Provided however, that in case of an Emergency, the Authority may suo moto issue the notice referred to hereinabove. The Contractor shall, pursuant to the notice under foregoing provision suspend Maintenance Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon represent to the Authority / Independent Engineer, measures to remedy defects notified. The Contractor may by notice require the Independent Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Any dispute as regards suspension of works or remedial measures proposed, if not resolved within 30 (thirty) Days of the suspension or proposal of the remedial measures respectively, shall be submitted for dispute resolution in accordance with Article 21 hereof. Subject to the provisions of Article 6.6, all reasonable costs incurred for maintaining and protecting the Maintenance 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 Contract by the Authority, the Preservation Costs shall be borne by the Authority. If suspension of Maintenance Works is for reasons not attributable to the Contractor, the Independent Engineer shall determine any extension of the dates set forth in the project completion schedule to which the Contractor is reasonably entitled, and shall notify the Authority accordingly whereupon the Authority shall extend such project completion schedule dates in accordance with the recommendations of the Independent Engineer. In the event that the Scheduled Completion Date is extended pursuant hereto, the Contract Period shall be deemed to be extended by a period equal in length to the period of extension of the Scheduled Completion Date.

Appears in 2 contracts

Samples: Operate, Maintain and Manage Contract Agreement, Operate, Maintain and Manage Contract Agreement

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Suspension of Works. a) Upon recommendation of the Independent Engineer to this effect, the Concessioning Authority may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of Maintenance the Construction Works if, in the reasonable opinion of the Concessioning Authority, such work threatens the safety of the Users or any other person on or about the Project. Provided Provided, however, that in case of an Emergency, the Concessioning Authority may suo moto issue the notice referred to hereinabove. herein above. b) The Contractor Concessionaire shall, pursuant to the notice under the foregoing provision suspend Maintenance the Construction Works or any part thereof for such time and in such manner as may be specified by the bythe Concessioning Authority and thereupon represent to the Concessioning Authority / Independent Engineer, the remedial measures to remedy the defects notified. The Contractor Concessionaire may by notice require the Independent Engineer to inspect such remedial measures forthwith and make a report measuresforthwithandmake areport to the Concessioning Authority recommending whether or not ornot the suspension hereunder may be revoked. Any dispute as regards the suspension of works or worksor the remedial measures proposed, if cannot resolved within 30 (thirty) Days of the suspension or suspensionor proposal of the remedial measures respectivelymeasures, shall be submitted for dispute resolution in accordance with accordancewith Article 21 19 hereof. . c) Subject to the provisions of Article 6.6Clause 14.9, all reasonable costs incurred for maintaining and protecting andprotecting the Maintenance Construction Works 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 Contract Agreement by the Concessioning Authority, the Preservation thePreservation Costs shall be borne by the Concessioning Authority. . d) If suspension of Maintenance Construction Works is for reasons not attributable to the ContractorConcessionaire, the Independent Engineer shall determine any extension of the dates set forth in the project completion schedule completionschedule 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 completionschedule dates in accordance with the recommendations of the Independent Engineer. In the event that the Scheduled Completion Date is extended pursuant hereto, the Contract Concession Period shall be deemed bedeemed to be extended by a period equal in length to the period of extension of the Scheduled Completion Date.

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

Suspension of Works. (a) Upon recommendation of the Independent Engineer to this effecteffect as per role and function described in Appendix 7, the Concessioning Authority may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of Maintenance the Construction Works if, in the reasonable opinion of the Concessioning Authority, such work threatens is not in accordance with the safety of the Users or any other person on or about the Project. Provided however, that Construction Standards / Safety Standards as laid down in case of an Emergency, the Authority may suo moto issue the notice referred to hereinabove. Appendix 4. (b) The Contractor Concessionaire shall, pursuant to the notice under the foregoing provision suspend Maintenance the Construction Works or any part thereof for such time and in such manner as may be specified bespecified by the Concessioning Authority and thereupon represent to the Concessioning Authority / Independent Engineer, the remedial measures to remedy the defects notified. The Contractor Concessionaire may by notice require the Independent Engineer to inspect such remedial measures forthwith and make a report to the Concessioning Authority recommending whether or not the suspension hereunder may be revoked. Any dispute as regards the suspension of works or the remedial measures proposed, if cannot resolved within 30 (thirty) Days of the suspension or proposal of the remedial measures respectivelymeasures, shall be submitted for dispute resolution in accordance with Article 21 19 hereof. Subject to . (c) Upon the provisions Concessionaire having cured the Concessionaire’s Default within a period not exceeding 90 (ninety) days from the date of Article 6.6Suspension, all reasonable costs incurred for maintaining and protecting the Maintenance 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 Contract by the Authority, the Preservation Costs shall be borne by the Authority. If suspension of Maintenance Works is for reasons not attributable to the Contractor, the Independent Engineer shall determine any extension of the dates set forth in the project completion schedule to which the Contractor is reasonably entitled, and shall notify the Authority accordingly whereupon the Authority shall extend such project completion schedule dates in accordance with revoke the recommendations Suspension forthwith and restore all rights of the Independent Engineer. In the event that the Scheduled Completion Date is extended pursuant hereto, the Contract Period shall be deemed to be extended by a period equal in length to the period of extension of the Scheduled Completion DateConcessionaire under this Agreement.

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

Suspension of Works. (a) Upon recommendation of the Independent Engineer to this effect, the Concessioning Authority may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of Maintenance the Construction Works if, in the reasonable opinion of the Concessioning Authority, such work threatens the safety of the Users or any other person on or about the Project. Provided Provided, however, that in case of an Emergency, the Concessioning Authority may suo moto issue the notice referred to hereinabove. . (b) The Contractor Concessionaire shall, pursuant to the notice under the foregoing provision suspend Maintenance the Construction Works or any part thereof for such time and in such manner as may be specified by the Concessioning Authority and thereupon represent to the Concessioning Authority / Independent Engineer, the remedial measures to remedy the defects notified. The Contractor Concessionaire may by notice require the Independent Engineer to inspect such remedial measures forthwith and make a report to the Concessioning Authority recommending whether or not the suspension hereunder may be revoked. Any dispute as regards the suspension of works or the remedial measures proposed, if cannot resolved within 30 (thirty) Days of the suspension or proposal of the remedial measures respectivelymeasures, shall be submitted for dispute resolution in accordance with Article 21 19 hereof. . (c) Subject to the provisions of Article 6.6Clause 14.9, all reasonable costs incurred for maintaining and protecting the Maintenance Construction Works 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 Contract Agreement by the Concessioning Authority, the Preservation Costs shall be borne by the Concessioning Authority. . (d) If suspension of Maintenance Construction Works is for reasons not attributable to the ContractorConcessionaire, the Independent Engineer shall determine any 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 Independent Engineer. In the event that the Scheduled Completion Date is extended pursuant hereto, the Contract Concession Period shall be deemed to be extended by a period equal in length to the period of extension of the Scheduled Completion Date.

Appears in 1 contract

Samples: Concession Agreement

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Suspension of Works. a. Upon recommendation of the Independent Engineer to this effect, the Concessioning Authority may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of Maintenance the Construction Works if, in the reasonable opinion of the Concessioning Authority, such work threatens the safety of the Users or any other person on or about the Project. Provided Provided, however, that in case of an Emergency, the Concessioning Authority may suo moto issue the notice referred to hereinabove. . b. The Contractor Concessionaire shall, pursuant to the notice under the foregoing provision suspend Maintenance the Construction Works or any part thereof for such time and in such manner as may be specified by the Concessioning Authority and thereupon represent to the Concessioning Authority / Independent Engineer, the remedial measures to remedy the defects notified. The Contractor Concessionaire may by notice require the Independent Engineer to inspect such remedial measures forthwith and make a report to the Concessioning Authority recommending whether or not the suspension hereunder may be revoked. Any dispute as regards the suspension of works or the remedial measures proposed, if cannot resolved within 30 (thirty) Days of the suspension or proposal of the remedial measures respectivelymeasures, shall be submitted for dispute resolution in accordance with Article 21 hereof. . c. Subject to the provisions of Article 6.615.9, all reasonable costs incurred for maintaining and protecting the Maintenance Construction Works 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 Contract Agreement by the Concessioning Authority, the Preservation Costs shall be borne by the Concessioning Authority. . d. If suspension of Maintenance Construction Works is for reasons not attributable to the ContractorConcessionaire, the Independent Engineer shall determine any 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 Independent Engineer. In the event that the Scheduled Completion Date is extended pursuant hereto, the Contract Period shall be deemed to be extended by a period equal in length to the period of extension of the Scheduled Completion Date.

Appears in 1 contract

Samples: Concession Agreement

Suspension of Works. a) Upon recommendation of the Independent Engineer to this effect, the Concessioning Authority may by notice require the Contractor Concessionaire to suspend forthwith the whole or any part of Maintenance the Construction Works if, in the reasonable opinion of the Concessioning Authority, such work threatens the safety of the Users or any other person on or about the Project. Provided Provided, however, that in case of an Emergency, the Concessioning Authority may suo moto issue the notice referred to hereinabove. . b) The Contractor Concessionaire shall, pursuant to the notice under the foregoing provision suspend Maintenance the Construction Works or any part thereof for such time and in such manner as may be specified by the Concessioning Authority and thereupon represent to the Concessioning Authority / Independent Engineer, the remedial measures to remedy the defects notified. The Contractor Concessionaire may by notice require the Independent Engineer to inspect such remedial measures forthwith and make a report to the Concessioning Authority recommending whether or not the suspension hereunder may be revoked. Any dispute as regards the suspension of works or the remedial measures proposed, if cannot resolved within 30 (thirty) Days of the suspension or proposal of the remedial measures respectivelymeasures, shall be submitted for dispute resolution in accordance with Article 21 19 hereof. . c) Subject to the provisions of Article 6.6Clause 14.9, all reasonable costs incurred for maintaining and protecting the Maintenance Construction Works 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 Contract Agreement by the Concessioning Authority, the Preservation Costs shall be borne by the Concessioning Authority. . d) If suspension of Maintenance Construction Works is for reasons not attributable to the ContractorConcessionaire, the Independent Engineer shall determine any 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 Independent Engineer. In the event that the Scheduled Completion Date is extended pursuant hereto, the Contract Concession Period shall be deemed to be extended by a period equal in length to the period of extension of the Scheduled Completion Date.

Appears in 1 contract

Samples: Concession Agreement

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