Common use of Refusal of Work Clause in Contracts

Refusal of Work. 2.4.1 During each Contract Year, Contractor shall accept and execute all Work Orders offered to Contractor by Owner hereunder without regard to quantity, schedule or cost throughout the Term until such time as the Annual Project Sum reaches One-hundred Thirty Million Dollars ($130,000,000.00). If Contractor refuses or fails to accept any Work Order prior to such time, the value of the Work Order (including the applicable Contractor's Fee) shall be added as a credit to the Aggregate Project Sum as if such Work Order had been accepted and performed by Contractor pursuant to the terms of this Agreement. For the purpose of determining whether such a credit is due, the Annual Project Sum shall be as calculated at the time Contractor declines such Work Order. 2.4.2 The Owner agrees to award Contractor a minimum volume of seventy-five percent (75%) of all outside plant work related to Owner's Local Network Projects. 2.4.3 In the event the Annual Project Sum for all Work Orders and agreements for Other Work reaches One Hundred Thirty Million Dollars ($l30,000,000.00) in any year of the Term and Owner offers a Long Haul Project, Engineering Services or Other Work to Contractor, Contractor may decline to accept such additional Work, without penalty.

Refusal of Work. 2.4.1 During each Contract Year, Contractor shall accept and execute all Work Orders offered to Contractor by Owner hereunder without regard to quantity, schedule or cost throughout the Term until such time as the Annual Project Sum reaches One-hundred Thirty Million Dollars ($130,000,000.00). If Contractor refuses or fails to accept any Work Order prior to such time, the value of the Work Order (including the applicable Contractor's Fee) shall be added as a credit to the Aggregate Project Sum as if such Work Order had been accepted and performed by Contractor pursuant to the terms of this Agreement. For the purpose of determining whether such a credit is due, the Annual Project Sum shall be as calculated at the time Contractor declines such Work Order. 2.4.2 The Owner agrees to award Contractor a minimum volume of seventy-five percent (7575 %) of all outside plant work related to Owner's Local Network Projects. 2.4.3 In the event the Annual Project Sum for all Work Orders and agreements for Other Work reaches One Hundred Thirty Million Dollars ($l30,000,000.00130,000,000.00) in any year of the Term and Owner offers a Long Haul Project, Engineering Services or Other Work to Contractor, Contractor may decline to accept such additional Work, without penalty.