Suspension by the Design Professional for Nonpayment. If the Owner should fail to pay the Design Professional or provide a proper notice of dispute of the invoice within sixty calendar days of presentation of a proper notice pursuant to Paragraph 4.1.4.5, then the Design Professional may, upon seven calendar days written notice to the Owner, suspend services or terminate this Contract and recover from the Owner payment for all services properly performed and expenses properly incurred through the date of suspension. Upon payment, all drawings, specifications and other documents relating to the design of the Project or Construction Contract Administration of the work shall be surrendered forthwith by the Design Professional to the Owner. The Design Professional shall have no liability to the Owner for damage or the delay of the Project resulting from a proper suspension or termination. The Owner will pay reasonable costs incurred by the Design Professional as a result of the proper suspension or termination. If the services are resumed, reasonable adjustments to the Design Professional’s compensation and the Project schedule will be made.
Suspension by the Design Professional for Nonpayment. If the Owner should fail to pay the Design Professional amounts due and payable hereunder, then sixty (60) days after Owner receives the Notice specified in Section 4.1.13, Design Professional may, upon seven (7) additional calendar days written Notice to the Owner, suspend services or terminate this Contract and recover from the Owner payment for all services properly performed and expenses properly incurred through the date of suspension in the amounts provided hereunder. No right to suspend or terminate will arise from Owner’s nonpayment of amounts not properly due and payable, amounts deducted or withheld pursuant to any provision hereunder, or amounts subject to a dispute under Section 5. Upon payment, all drawings, specifications and other documents relating to the design of the Project or Construction Contract Administration of the Work shall be surrendered forthwith by the Design Professional to the Owner. The Design Professional shall have no liability to the Owner for damage or the delay of the Project resulting from a proper suspension or termination. The Owner will pay reasonable costs incurred by the Design Professional as a result of the proper suspension or termination. If services are resumed after a proper suspension, then reasonable adjustments to the Design Professional’s compensation and the Project schedule will be made.
