非专利技术转让合同(94)

　　　　　　if， by virtue of a suspension order given by the buyer， otherwise thanby reason of the supplier's default or breach of the contract， thesupplier's performance of any of its obligations is suspended for anaggregate period of more than ninety （90）days， then at any timethereafter and provided that at that time such performance is stillsuspended， the supplier may give a notice to the buyer requiring that thebuyer shall， within twenty-eight （28）days of receipt of the notice，either order the resumption of such performance　or　request　andsubsequently order a change in accordance with article 36 （change inworks）hereof excluding the performance of the suspended obligations fromthe contract. if the buyer fails so to do within such period， the suppliermay， by a further notice to the buyer， elect to treat the suspension，where it affects a part only of the works， as a deletion of such part inaccordance with article 36 （change in works）hereof or， where it affectsthe whole of the works， as termination of the contract under article 39.1（termination for buyer's convenience）hereof.
　　　　38.2　if:
　　　　　　　　（a）the buyer has failed to pay the supplier any sum due under thecontract within the specified period， or has failed to approve any invoiceor supporting documents without due cause or amend the letter of creditand the letter of guarantee delivered to the supplier pursuant to article13 （terms of payment）hereof， or commits a substantial breach of thecontract， the supplier may give a notice to the buyer requiring payment ofsuch sum， with interest thereon as stipulated in article 13.4 hereof， orrequiring approval of such invoice or supporting documents or theamendment of such letter of credit and such letter of guarantee orspecifying the breach and requiring the buyer to remedy the same， as thecase may be. if the buyer fails to pay such sum together with suchinterest or fails to approve such invoice or supporting documents or giveits reasons for withholding such approval or amend such letter of creditand such letter of guarantee or fails to remedy the breach or take stepsto remedy the breach within fourteen （14）days after receipt of thesupplier's notice; or