Suspension of performance for non-payment8

In Article 11 of the 1997 Order (right to suspend performance for non-payment)—

(a)

in paragraph (1) after “performance of” insert “ any or all of ”;

(b)

after paragraph (3) insert—

“(3A)

Where the right conferred by this Article is exercised, the party in default shall be liable to pay to the party exercising the right a reasonable amount in respect of costs and expenses reasonably incurred by that party as a result of the exercise of the right.”;

(c)

in paragraph (4) after “pursuance of” insert “ , or in consequence of the exercise of, ”.