Common use of SUSPENSION OR TERMINATION OF THE WORK Clause in Contracts

SUSPENSION OR TERMINATION OF THE WORK. City May Suspend the Work 13.1 The City may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice, in writing, to the Design-Builder. This notice will fix the date on which Work shall stop and the date on which it shall resume. The Design-Builder shall resume the Work on the date so fixed. The Design-Builder will be allowed an increase in the Guaranteed Maximum Price or an extension of the Contract Time, or both, directly attributable to the suspension. 13.2 If the Work is Defective, or if the Design-Builder fails to supply sufficient skilled workers or suitable material or equipment, or if the Design-Builder fails to perform the Work in such a manner that the completed Work conforms to this Contract, the City may order the Design-Builder to suspend the Work, or any portion thereof, until the cause for such order has been eliminated. However, this right of the City to suspend the Work shall not give rise to any duty on the part of the City to exercise this right for the benefit of the Design-Builder or any other party. 13.3 In the event the Design-Builder, Subcontractor, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable fails to comply with the rules and regulations referenced in this Contract, the City may suspend the Work or any portion thereof. The suspension shall continue until completion of any investigation or evaluation by the City and full compliance with any corrective measures which the City may reasonably require. The City will not be liable to the Design-Builder for any delay caused by such suspension, nor will there be any adjustment in the Guaranteed Maximum Price or Contract Time.

SUSPENSION OR TERMINATION OF THE WORK. City May Suspend the Work 13.1 The City may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice, in writing, to the Design-Builder. This notice will fix the date on which Work shall stop and the date on which it shall resume. The Design-Builder shall resume the Work on the date so fixed. The Design-Builder will be allowed an increase in the Guaranteed Maximum Price or an extension of the Contract Time, or both, directly attributable to the suspension. 13.2 If the Work is Defective, or if the Design-Builder fails to supply sufficient skilled workers or suitable material or equipment, or if the Design-Builder fails to perform the Work in such a manner that the completed Work conforms to this Contract, the City may order the Design-Design- Builder to suspend the Work, or any portion thereof, until the cause for such order has been eliminated. However, this right of the City to suspend the Work shall not give rise to any duty on the part of the City to exercise this right for the benefit of the Design-Builder or any other party. 13.3 In the event the Design-Builder, Subcontractor, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable fails to comply with the rules and regulations referenced in this Contract, the City may suspend the Work or any portion thereof. The suspension shall continue until completion of any investigation or evaluation by the City and full compliance with any corrective measures which the City may reasonably require. The City will not be liable to the Design-Builder for any delay caused by such suspension, nor will there be any adjustment in the Guaranteed Maximum Price or Contract Time.

SUSPENSION OR TERMINATION OF THE WORK. City May Suspend the Work 13.1 The City may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice, in writing, to the Design-Builder. This notice will fix the date on which Work shall stop and the date on which it shall resume. The Design-Builder shall resume the Work on the date so fixed. The Design-Builder will be allowed an increase in the Guaranteed Maximum Price or an extension of the Contract Time, or both, directly attributable to the suspension. 13.2 If the Work is Defective, or if the Design-Builder fails to supply sufficient skilled workers or suitable material or equipment, or if the Design-Builder fails to perform the Work in such a manner that the completed Work conforms to this Contract, the City may order the Design-Design- Builder to suspend the Work, or any portion thereof, until the cause for such order has been eliminated. However, this right of the City to suspend the Work shall not give rise to any duty on the part of the City to exercise this right for the benefit of the Design-Builder or any other party. 13.3 In the event the Design-Builder, Subcontractor, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable fails to comply with the rules and regulations referenced in this Contract, the City may suspend the Work or any portion thereof. The suspension shall continue until completion of any investigation or evaluation by the City and full compliance with any corrective measures which the City may reasonably require. The City will not be liable to the Design-Builder for any delay caused by such suspension, nor will there be any adjustment in the Guaranteed Maximum Price or Contract Time. City May Terminate the Work 13.4 The occurrence of any one or more of the following events will justify termination for cause: A. The Design-Builder is adjudged bankrupt or insolvent. B. The Design-Builder makes a general assignment for the benefit of creditors. C. A trustee or receiver is appointed for the Design-Builder or for any of the Design- Builder’s property. D. The Design-Builder files petition to take advantage of any debtor’s act, or to reorganize under bankruptcy or similar Laws. E. The Design-Builder fails to supply sufficient skilled workers or suitable material or equipment. F. The Design-Builder fails to make prompt payments to Subcontractors or for labor and material. G. The Design-Builder disregards Laws, ordinances, rules, regulations, or orders of any public body having jurisdiction including, without limitation, ordinances adopted by the City and referenced in this Contract, and the rules and regulations adopted by the City’s City Manager or designee. H. The Design-Builder disregards the authority of the City. I. The Design-Builder otherwise violates in any substantial way any provision of this Contract. 13.5 The City may, after giving the Design-Builder a seven-day written notice (1) terminate this Contract for default; (2) exclude the Design-Builder from the site; (3) take possession of the site and the Design-Builder’s tools, appliances, construction equipment and machinery at the site, or take possession of tools, appliances, construction equipment and machinery not at the site that is to be incorporated into the Work and for which Design-Builder received payment, and use the same to the full extent they could be used by the Design-Builder without liability to the Design- Builder for trespass or conversion; (4) take possession of and incorporate in the Work material stored at the site or for which the City has paid the Design-Builder but which is stored elsewhere;