Jackson Mills HPP GENERAL CONDITIONS (PART 1)
City of Nashua Page 9 of 20
8.7.
8.8.
In the event that the Equipment is more than eighty percent (80%) complete or complete and ready to
ship and the suspension or total of all suspensions described in this Article 8 exceeds six (6) months or
Purchaser requests the delay of shipment or is otherwise delayed so that installation, commissioning
and final acceptance exceeds six (6) months from the Delivery Times, and such delay is not solely
caused by the Supplier or any Sub-supplier, then the Purchaser sha!l pay, upon invoice, the remainder
of the Contract Price that has not yet been paid.
In the event that the Equipment is not yet eighty percent (80%} complete and the suspension or the
sum of all suspensions under this Contract as described in this Article 8, exceeds twelve (12) months,
then Supplier will have the right to terminate the Contract and receive compensation as outlined in
Article 9.8 below.
9. Purchaser and Supplier Rights to Perform, Step or Terminate the Work
94.
9.2.
9.3.
9.4.
9.5.
lf the Supplier should be adjudged bankrupt, insolvent or is placed in receivership and such condition
exists for a period of at least sixty (60) days after notice to the Supplier, the Purchaser may, without
prejudice to any other right or remedy it may have, immediately terminate the Contract by giving
written notice to that effect.
If the Supplier neglects to execute a material obligation of the Work, the Purchaser may notify the
Supplier in writing that the Supplier is in default of its contractual obligations and instruct the Supplier
to correct the default in the thirty (30) days immediately following the receipt of such notice.
If the correction of the default identified according to Article 9.2 cannot be completed in the time
specified, the Supplier shall be in compliance with the Purchaser's instructions if it:
9.3.1. commences the correction of the default within the specified time, and
9.3.2. provides the Purchaser with a reasonably acceptable schedule for such correction, and
9.3.3. completes the correction in accordance with such schedule.
if the Supplier fails to correct the default in the time specified or is not in compliance with the
Purchaser’s instructions as described in Article 9.3 above, or subsequently agreed upon, the Purchaser
may, without prejudice to any other right or remedy it may have, on further written notice to the
Supplier:
9.4.1. correct such default and deduct the direct cost thereof from any payment then or thereafter due
to the Supplier;
9.4.2. terminate the Supplier's right to continue the Work in whole or in part; or
9.4.3. terminate the Contract.
if the Purchaser terminates the Supplier's right to continue with the Work or any part thereof as
provided in this Article 9, the Purchaser shall be entitled to:
9.5.1. take possession of the Work and Equipment and finish the Work or such part thereof by whatever
method the Purchaser may consider expedient but without undue delay or expense;
9.5.2. withhold further payments to the Supplier until the Work or such part thereof is completed;
Mavel Americas, Inc.
