Order to Suspend. (a) PacifiCorp may, in its sole option, upon not less than ten (10) Business Days’ prior written notice to Developer, suspend at any time (i) performance of all or any portions of the Work, (ii) delivery of Equipment, Materials or a component of the Work, or (c) erection of any portion of the Work that has been delivered to the Site. Such notice shall specify the anticipated length of the suspension. (b) If the cumulative days of Work suspension totals one hundred and eighty (180) days, or if the Work is suspended four (4) or more separate times for a period of more than forty-five (45) days in any single instance or one hundred and eighty (180) days in aggregate, then Developer may, upon thirty (30) days’ prior written notice to PacifiCorp, terminate this Agreement, unless the suspension is lifted within such 30-day period. If Developer terminates this Agreement pursuant to this Section 16.1(b), then the provisions of Section 30.3(a) shall apply. (c) Unless otherwise instructed by PacifiCorp, Developer shall during any suspension affecting the progress of the Work on the Site, maintain its staff, labor and equipment on or near the Site ready to proceed with the Work upon receipt of further instructions of PacifiCorp. (d) If PacifiCorp desires to extend the period of suspension for a longer time than that specified in the original notice given by PacifiCorp, PacifiCorp shall so notify Developer in writing and the provisions of this ARTICLE 16 shall apply to such extended suspension notice.
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