EPC Contract: A Case Study

Work or assign those agreements as directed by CMA or assign such agreements to CMA in accordance with GC-45.2 above;
(3) Cooperate with CMA in the transfer of data, designs, licenses and information and disposition of Work in progress so as to mitigate damages;
(4) Comply with other reasonable requests from CMA regarding the terminated Work; and
(5) Continue to perform in accordance with all of the terms and conditions of this EPC Contract such portion of the Work that is not terminated.
45.7 If, after termination pursuant to this clause, it is determined for any reason that CONTRACTOR was not in default, the rights and obligations of the Parties shall be the same as if the notice of termination had been issued pursuant to General Condition 46, titled OPTIONAL TERMINATION.

45.8 Notwithstanding any other provisions of this EPC Contract, CMA shall be considered in default of its contractual obligations under this EPC Contract, if it fails to make any payment of any undisputed amount to CONTRACTOR as required by the EPC Contract.

(1) If CMA fails to pay any undisputed amount due and owing to CONTRACTOR and such failure continues for more than thirty (30) Days after the due date for such payment, then CONTRACTOR may suspend performance of the Work until CONTRACTOR receives such undisputed amounts. Prior to any such suspension, CONTRACTOR shall provide CMA with at least fourteen (14) Days' prior notice of its intent to suspend performance of the Work. CONTRACTOR shall be entitled to a Change Order on account of any suspension in accordance with this section.

(2) If CMA does not cure such failure within 30 Days after receipt of the notification in GC-45.8(1), or fails to provide satisfactory evidence that such default will be corrected within 90 Days, CONTRACTOR may, by written notice to CMA, terminate in whole or in part this EPC Contract. This termination remedy does not limit any other rights or remedies available to CONTRACTOR under this EPC Contract.