Contractor’s Entitlement to Suspend Work. Notwithstanding the other provisions of this Sub-Clause, if the Bank has suspended disbursements under the loan or credit from which payments to the Contractor are being made, in whole or in part, for the execution of the Works, and no alternative funds are available as provided for in Sub-Clause 2.4 [Employer’s Financial Arrangements], the Contractor may by notice suspend work or reduce the rate of work at any time, but not less than 7 days after the Contractor was informed of the Borrower and the Employer having received the suspension notification from the Bank. The Contractor’s action shall not prejudice his entitlements to financing charges under Sub- Clause 14.8 [Delayed Payment] and to termination under Sub-Clause 16.2 [Termination by Contractor]. If the Contractor subsequently receives such Payment Certificate, evidence or payment (as described in the relevant Sub-Clause and in the above notice) before giving a notice of termination, the Contractor shall resume normal working as soon as is reasonably practicable. If the Contractor suffers delay and/or incurs Cost as a result of suspending work (or reducing the rate of work) in accordance with this Sub-Clause, the Contractor shall give notice to the Engineer and shall be entitled subject to Sub-Clause 20.1 [Contractor’s Claims] to:
Appears in 4 contracts
Sources: Contract Agreement, Construction Contract, Construction Contract
Contractor’s Entitlement to Suspend Work. Notwithstanding If the other provisions of this Sub-Clause, if the Bank has suspended disbursements under the loan or credit from which payments Contract Awarder fails to the Contractor are being made, in whole or in part, for the execution of the Works, and no alternative funds are available as provided for in comply with Sub-Clause 2.4 [Employer’s Contract Awarder's Financial Arrangements] or Sub-Clause 14.7 [Timing of Payments], the Contractor may by may, after giving not less than 21 days' notice to the Contract Awarder, suspend work (or reduce the rate of work at any time, but not less than 7 days after work) unless and until the Contractor was informed of the Borrower and the Employer having has received the suspension notification from reasonable evidence or payment, as the Bankcase may be and as described in the notice. The Contractor’s 's action shall not prejudice his entitlements to financing charges under Sub- Clause Sub-Clause 14.8 [Delayed Payment] and to termination under Sub-Clause 16.2 [Termination by Contractor]. If the Contractor subsequently receives such Payment Certificate, evidence or payment (as described in the relevant Sub-Clause and in the above notice) before giving a notice of termination, the Contractor shall resume normal working as soon as is reasonably practicable. If the Contractor suffers delay and/or incurs Cost as a result of suspending work (or reducing the rate of work) in accordance with this Sub-Clause, the Contractor shall give notice to the Engineer Contract Awarder and shall be entitled subject to Sub-Clause 20.1 [Contractor’s 's Claims] to:
(a) an extension of time for any such delay, if completion is or will be delayed under SubClause 8.4 [Extension of Time for Completion], and
(b) payment of any such Cost plus reasonable profit, which shall be added to the Contract Price. After receiving this notice, the Contract Awarder shall proceed in accordance with Sub-Clause 3.5 [Determinations] to agree or determine these matters.
Appears in 2 contracts
Sources: Contract Agreement (Renewable Fuel Corp), Contract Agreement (Renewable Fuel Corp)