CONTRACTOR’S RIGHT TO SUSPEND. Contractor may suspend performance of the Work hereunder, in whole or in part, upon ten (10) Days’ prior written notice to Owner if (i) Owner fails to fulfill its obligation to make payments as provided in this Contract, (ii) Owner materially breaches or an event of default has occurred under any financing obligations with any Financing Party such that a draw-stop or any other event has occurred with respect to Owner’s financing that prevents payment to Contractor, or (iii) Owner otherwise materially breaches its obligations under this Contract such that Contractor cannot reasonably continue its performance, provided, however, that under no circumstance may Contractor suspend performance during the pendency of a good faith dispute. Contractor’s notice shall specify Owner’s default and what Owner must do within the ten (10) day period to cure such default. No suspension shall occur if Owner cures such default in the ten (10) Day period.
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Sources: Engineering, Procurement and Construction Contract, Engineering, Procurement and Construction Contract (Clean Coal Technologies Inc.)