Common use of Suspension by Purchaser Clause in Contracts

Suspension by Purchaser. Purchaser may at any time suspend the Work or any portion thereof upon giving written notice to Seller. Seller shall strictly comply with Purchaser’s notice and shall reasonably work to minimize the cost of such suspension. Any part of the Work not suspended shall continue to be diligently prosecuted by Seller. In the event of any such suspension, Seller shall be compensated for its reasonable costs to perform additional work and activities in order to implement such suspension, including demobilization, remobilization, costs of Subcontractor cancellation and/or suspension and reasonable overhead and profit on such costs; provided, however, that Seller shall act commercially reasonably to minimize such costs; and provided, further, that within three (3) Business Days after written notice of such suspension, Seller shall use its reasonable efforts to provide an estimate of such cost computed on a daily basis. Purchaser may, at any time, direct Seller to resume the Work and Seller shall use commercially reasonable efforts to resume all suspended Work as expeditiously as possible. If a question arises as to satisfactory performance by Seller, Purchaser shall have the right to direct Seller to stop Work without cost to Purchaser until a timely inspection thereof has been made and compliance with this Contract has been assured. However, if Seller has been performing reasonably, there shall be an equitable adjustment to the Contract Price, Project Schedule, and/or any other applicable Contract term for any costs incurred by Seller as a result of such stoppage pursuant to a Change Order. Costs incurred by Seller as a result of any suspension shall be paid on a monthly basis.

Appears in 8 contracts

Samples: Confidentiality Agreement (Ada-Es Inc), Confidentiality Agreement (Ada-Es Inc), Confidentiality Agreement (Ada-Es Inc)

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