PLUMBER May Stop Work or Terminate Sample Clauses

PLUMBER May Stop Work or Terminate. If through no act or fault of PLUMBER, the Work is suspended for a period of more than ninety calendar days by AUGUSTA or under an order of court or other public authority, or PROJECT MANAGER fails to act on any Application for Payment within thirty days after it is submitted or AUGUSTA fails for thirty-one days to pay PLUMBER any sum finally determined to be due, then PLUMBER may upon seven working days’ written notice to AUGUSTA and PROJECT MANAGER and provided AUGUSTA or PROJECT MANAGER did not remedy such suspension or failure within that time, terminate the Agreement and recover from AUGUSTA payment on the same terms as provided for within this Agreement. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if PROJECT MANAGER has failed to act on an Application for Payment within thirty days after it is submitted or AUGUSTA has failed for thirty- one calendar days after it is submitted to pay PLUMBER any sum finally determined to be due, PLUMBER may upon seven days’ written notice to AUGUSTA and PROJECT MANAGER stop the Work until receipt of payment of all such amounts due PLUMBER, including interest thereon. The provisions of this paragraph are not intended to preclude PLUMBER from making claim as provided for within this Agreement for an increase in Contract Price or Contract Time or otherwise for expenses or damage directly attributable to PLUMBER’s stopping Work as permitted by this paragraph. The provisions of this paragraph shall not relieve PLUMBER of the obligations as provided for within this Agreement to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with AUGUSTA.
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