A. If at any time during the performance of this Order, conditions requirethe SELLER to interrupt or suspend work, or delays are encountered that precludes the SELLER’s ability to continue work based on required actions or responsibilities of the BUYER in accordance with the Terms and Conditions and/or Statement of Work, the SELLER must immediately notify the BUYER of this situation. Conversely, situations may occur during the term of the Order that causes the BUYER to notify and direct the SELLER to temporarily interrupt, suspend or delay work. In either case, the SELLER’s or BUYER’s notification must be in writing, via fax, and/or email or registered letter (time being of the essence), advising the party of the reasons for the interruption or delay, and expected resolution in order to resume work.
B. Upon notification of delays, interruptions, or suspension of work, the SELLER shall take all reasonable actions to minimize additional costs until the reason for the delay is resolved.
C. In either case after the SELLER’s or BUYER’s notification that work is suspended or delayed, the SELLER is authorized an adjustment to the Order Price for unavoidable costs incurred associated with the delay. This price adjustment shall be made for any increase in the cost of performance of this Order caused by the suspension, delay, or interruption, including but not limited to the SELLER’s labor costs, per diem (lodging costs and meals), equipment rental costs, travel or transportation costs and/or demurrage, etc. Adjustment shall also be made in the delivery or performance dates and any other contractual term or condition affected by the delay or interruption, and the Order modified in writing accordingly.
D. After resolution of the reason for the delay and/or suspension of work,
The BUYER and SELLER will in good faith determine the increased cost associated with the delay, and arrive at a mutually agreeable adjustment in the Price and Schedule, and execute an amendment accordingly. If the parties are not able to arrive at a mutually agreeable
adjustment, the matter will be resolved via the “Disputes” Clause of this Order.