Common use of Contract Suspension and Modification Clause in Contracts

Contract Suspension and Modification. (a) Contracting Officer may, by written order, delay or interrupt authorized operations under this contract or, notwithstanding B8.3, modify this contract, in whole or in part: (i) To prevent environmental degradation or resource damage, including, but not limited to, harm to habitat, plants, animals, cultural resources, or cave resources; (ii) To ensure consistency with land and resource management plans or other documents prepared pursuant to the National Environmental Policy Act of 1969, 42 USC 4321-4347; (iii) To conduct environmental analysis, including, but not limited to, engaging in consultation pursuant to the Endangered Species Act of 1973, 16 USC 1531, et seq.; or (iv) Upon agreement of the Regional Forester, due to administrative appeal or litigation, regardless of whether Contracting Officer’s order is required by a court order or this contract is named in such a proceeding. (b) In the event of an order delaying or interrupting Purchaser’s Operations under this Subsection, Purchaser’s remedy shall be: (i) Contract Term Adjustment, (ii) reimbursement for Out-of-Pocket Expenses, (iii) rate redetermination to measure any decline in the market, (iv) temporary reduction of downpayment, (v) temporary credit for unamortized Specified Road construction cost, and (vi) temporary bond reduction. However, the foregoing remedies shall be available only to the extent that the Contracting Officer’s order was the sole and exclusive cause of the delay or interruption of Purchaser’s operations. (c) In cases of modification under this Subsection, Purchaser shall only receive a rate redetermination pursuant to B3.31. However, if there is an order delaying or suspending operations in addition to a modification, then Purchaser shall also be entitled to the remedies pro- vided under B8.33(b) for such delay or suspension. (d) Remedies awarded to the Purchaser shall not be duplicative, and Contracting Officer shall have the right to structure remedies provided herein to avoid duplicative compensation. (e) Purchaser agrees that this Subsection, and the remedies provided herein shall apply regardless of any finding by any court or administrative body that the Forest Service failed to comply with any statute, regulation and/or policy in connection with awarding, advertising, or authorizing this sale, or a similar sale. However, nothing in this Subsection precludes Purchaser from exercising rights under the Contract Disputes Act.