Performance Suspension Clause Samples
A Performance Suspension clause allows one or both parties to temporarily halt their contractual obligations under certain specified circumstances. Typically, this clause is triggered by events beyond a party's control, such as natural disasters, government actions, or other force majeure events, and outlines the process for notifying the other party and the duration of the suspension. Its core practical function is to provide flexibility and protection for parties when unforeseen events make it impossible or impractical to perform, thereby allocating risk and preventing automatic breach of contract in such situations.
Performance Suspension. 16.1 The Principal, by means of the Works Manager, shall be entitled to suspend the Contract, either totally or partially, at any time whatsoever and on more than one occasion, by providing the Contractor with written communication of the suspension sent by registered mail with return receipt. Said suspension cannot, in any case, exceed, as a whole, the overall duration of 45 (forty-five) calendar days.
16.2 The Contractor shall be entitled to receive a refund for the costs and expenses sustained due to suspension, which shall be provisionally defined (in order to permit continuation of the Works) by the Works Manager, except for the Parties being entitled to object the Works Manager’s decision pursuant to Article 24. The Parties shall undertake, in any case, to provisionally apply the Works Manager’s decision.
16.3 In the case of suspension arising pursuant to this Article, the Parties have accepted that the Project Implementation Schedule may be amended in agreement between the Parties. This extension must be at least equal to the period of suspension.
Performance Suspension. Performance may be suspended by either party for any act of God, war, riots, fire, explosion, strike, injunction, inability to obtain fuel, power, labor, or transportation, accident, national defense requirements, or any cause beyond the control of such party, which prevents the performance of such party. An alleged breach of this Contract by either party shall be grounds for immediate suspension of performance.
Performance Suspension. Upon the occurrence of an Event of Default by Steel Dynamics, Qualitech shall have the right, so long as such Event of Default remains uncured, at any time to suspend its performance under this Agreement by giving written notice of such
Performance Suspension. In the event the Parties have a material dispute in regards to a Party’s obligations under this Agreement, a Party shall provide written notice to the other Party of the nature of the dispute and a plan to resolve such dispute. The Party receiving this notice shall have thirty (30) days to either resolve the dispute or enter into good faith discussions with the sending party. If the material dispute has not been cured upon the expiration of the thirty (30) day notice period, the sending party may suspend performance of its obligations under this Agreement until such time as the dispute is resolved.