Common use of Stop Work Orders Clause in Contracts

Stop Work Orders. 20.1 The Township's Chief Administrative Officer may issue a development stop work order pursuant to this Agreement: i) if the construction or installation of the works and services contemplated by the plans, the additional plans and this agreement are not being complied with (the determination of which shall be in his sole discretion); ii) if the Developer has failed to commence to construct the works and services or having commenced such works and services, fails to proceed with reasonable speed to complete the same; or, iii) if the Developer is in any other breach of the plans, and the additional plans, or this Agreement. 20.2 A stop work order shall not be issued until after the Chief Administrative Officer has given to the Developer five (5) days (not including Saturday, Sunday, or statutory holidays) notice in writing outlining the matter or matters which are of concern and the Developer has not, in his opinion, taken reasonable steps to rectify such matter or matters. Notwithstanding the foregoing, if at any time the Chief Administrative Officer considers that any situation or condition is unsafe, damaging to the environment or contrary to the provisions of any applicable laws, the Developer shall do, cause to be done or refrain from doing any act or thing as directed by the Chief Administrative Officer; If the Developer fails to comply with such direction, the Township may take any action it deems necessary including issuing an immediate development stop work order. 20.3 If a stop work order has been issued and the Developer fails to stop work the Developer shall be deemed to be in breach of this agreement. 20.4 If a stop work order has been issued, work shall not begin again until the Developer has made arrangements that are satisfactory to the Chief Administrative Officer to rectify the breach or to correct the improper construction or installation of works and services. 20.5 A stop work order may be restricted in its term to the installation or construction of specific underground or above ground services, or to a specific site or area. If it is so restricted, it shall not affect the continuing installation or construction of other services or to work on other sites or areas.

Stop Work Orders. 20.1 The Township's Chief Administrative Officer may issue a development stop work order pursuant to this Agreement: i) if the construction or installation of the works and services contemplated by the plans, the additional plans and this agreement are not being complied with (the determination of which shall be in his sole discretion); ii) if the Developer has failed to commence to construct the works and services or having commenced such works and services, fails to proceed with reasonable speed to complete the same; or, iii) if the Developer is in any other breach of the plans, and the additional plans, or this Agreement. 20.2 A stop work order shall not be issued until after the Chief Administrative Officer has given to the Developer five (5) days (not including Saturday, Sunday, or statutory holidays) notice in writing outlining the matter or matters which are of concern and the Developer has not, in his opinion, taken reasonable steps to rectify such matter or matters. Notwithstanding the foregoing, if at any time the Chief Administrative Officer considers that any situation or condition is unsafe, damaging to the environment or contrary to the provisions of any applicable laws, the Developer shall do, cause to be done or refrain from doing any act or thing as directed by the Chief Administrative Officer; If the Developer fails to comply with such direction, the Township may take any action it deems necessary necessary, including issuing an immediate development stop work order. 20.3 If a stop work order has been issued and the Developer fails to stop work the Developer shall be deemed to be in breach of this agreement. 20.4 If a stop work order has been issued, work shall not begin again until the Developer has made arrangements that are satisfactory to the Chief Administrative Officer to rectify the breach or to correct the improper construction or installation of works and services. 20.5 A stop work order may be restricted in its term to the installation or construction of specific underground or above ground services, or to a specific site or area. If it is so restricted, it shall not affect the continuing installation or construction of other services or to work on other sites or areas.

Stop Work Orders. 20.1 The Township's Chief Administrative Officer Owner reserves the right to require Contractor (verbally or in writing) to stop performance of all or any portion of the Work (a “Stop Work Order”) if conditions arise that: (i) cause, or could reasonably be expected to result in, danger or damage to person or property, including the Facility, any Equipment at the Site or the Owner Equipment, (ii) prevent, or could reasonably be expected to prevent, Owner from exercising its inspection or audits rights hereunder, (iii) endanger, or could reasonably be expected to endanger, safe operations at the Site, or (iv) otherwise interfere with the prudent operation of the Facility or other activities in the vicinity of the Site. Contractor shall take prompt corrective actions to resolve such conditions identified by Owner prior to Contractor’s resumption of its performance of such stopped Work. To the extent practical prior to Owner’s exercise of such right or as soon as practical after a verbal Stop Work Order is given, Owner shall formally notify Contractor in writing of the reason for stopping such portion of the Work and the expected conditions under which such portion of the Work may issue resume. Examples of significant conditions that may result in stopping Contractor’s performance of a development stop work order portion of the Work include the following items which are not intended to be all inclusive: 302093599 v11 (a) documented lessons learned indicate that Contractor’s continued performance of such portion of the Work would result in a nonconformance that could not be corrected to the condition required hereunder or would require extensive or excessive time and retrofit, repair or rework to correct; (b) Contractor has not established or implemented required controls in accordance with the Quality Assurance Plan; (c) Contractor is performing such portion of the Services in violation of a requirement hereunder; (d) Contractor is using nonconforming materials, which Contractor has not corrected and such nonconforming materials have not been approved or conditionally released; (e) Contractor is using drawings, procedures or instructions that require prior approval, which has not been received, have not been conditionally released, are out of date, or are not in accordance with this Agreement; (f) drawings, procedures or instructions authorized to control such portion of the Work in progress are not available at the Site; or (g) such portion of the Work is being performed by Persons who are not qualified pursuant to this Agreement: i) if the construction or installation of the works and services contemplated by the plans, the additional plans and this agreement are not being complied with (the determination of which shall be in his sole discretion); ii) if the Developer has failed to commence to construct the works and services or having commenced such works and services, fails to proceed with reasonable speed to complete the same; or, iii) if the Developer is in any other breach of the plans, and the additional plans, or this Agreement. 20.2 A stop work order requirements hereunder. Contractor shall not be issued until after the Chief Administrative Officer has given entitled to an adjustment to the Developer five (5) days (Baseline Schedule, the Contract Price or any other provisions of this Agreement as a result of a Stop Work Order unless such Stop Work Order is solely caused by Owner or a third party who is not including Saturdaya Contractor Person; and in such event, Sunday, or statutory holidays) notice in writing outlining the matter or matters which are of concern and the Developer has not, in his opinion, taken reasonable steps to rectify Parties may mutually agree upon any such matter or matters. Notwithstanding the foregoing, if at any time the Chief Administrative Officer considers that any situation or condition is unsafe, damaging adjustments to the environment Baseline Schedule or contrary to the provisions of any applicable laws, the Developer shall do, cause to be done or refrain from doing any act or thing as directed by the Chief Administrative Officer; If the Developer fails to comply with such direction, the Township may take any action it deems necessary including issuing an immediate development stop work orderContract Price. 20.3 If a stop work order has been issued and the Developer fails to stop work the Developer shall be deemed to be in breach of this agreement. 20.4 If a stop work order has been issued, work shall not begin again until the Developer has made arrangements that are satisfactory to the Chief Administrative Officer to rectify the breach or to correct the improper construction or installation of works and services. 20.5 A stop work order may be restricted in its term to the installation or construction of specific underground or above ground services, or to a specific site or area. If it is so restricted, it shall not affect the continuing installation or construction of other services or to work on other sites or areas.