If the suspension under Sub Clause 8.8 (Suspension of Works) has continued for more than 90 days, the Supplier may request the Owner’s permission to proceed. If the Owner does not give permission within 28 days after being requested to do so, the Supplier may, by giving notice to the Owner, treat the suspension as an omission under Clause 13 (Variations and Adjustments) of the affected part of the Works. If the suspension affects the whole of the Works , the Supplier may give notice of termination under Sub Clause 16.2 (Termination by Supplier).