Project Change Requests. Either Party may request a modification to any material provision of the SOW by submitting a Project Change Request (“PCR”). Upon receipt of a PCR, Supplier will determine whether such modifications are in its sole discretion commercially feasible and, if so, estimate its financial and schedule impacts, if any. The Parties will review these estimates to determine whether the PCR would be mutually acceptable. Supplier may not unreasonably refuse to accept a PCR initiated by Customer, if Customer agrees to bear the pricing and schedule impacts. If the Parties agree on the PCR, the Parties will execute the PCR. If the Parties are unable to agree within five (5) business days after the PCR is submitted, then the submitting Party may either withdraw the PCR or terminate the SOW for convenience in accordance with Section 11(d). Additional services that are required as a result of Customer's action, inaction or failure to meet its obligations, including delays or wait time caused by issues related to hardware or software not provided by Supplier, shall be billable to Customer and will be invoiced at Supplier’s then-current rates.
Project Change Requests. Communication of project change requests will begin between the SUBCONTRACTOR and the PROJECT SPONSOR. Formal project change requests by the SUBCONTRACTOR shall be in writing by the SUBCONTRACTOR to the PROJECT SPONSOR. Project change requests by the PROJECT SPONSOR shall be in writing to the SUBCONTRACTOR. All changes to the project are to be approved by the PROJECT SPONSOR and are to follow the Clean Water Funding Guidelines.
Project Change Requests. Either Nuance or Company may initiate a Project Change Request (“PCR”), which modifies or amends a Statement of Work. All proposed PCR’s shall be submitted in writing (including, without limitation, by e-mail). Each proposed PCR will specify the nature and reason for the proposed change, and any subsequent impact to schedules, billing milestones, deliverables and cost. A PCR will become effective upon signature by both Parties. SOWs or other documents occasionally refer to a PCO as a Project Change Request (“PCR”). Both designations (PSO and PSR) shall have the same meaning.
Project Change Requests. 5.1 Binary Tree, along with any subcontractors, shall perform the Services and provide the Deliverables described in the applicable SOW, together with any other services described in this Agreement. Except as set forth in the applicable SOW, changes to the scope or manner of provision of the Services or Deliverables (each a “Project Change Request” (PCR) ) may only be implemented upon Client’s and Binary Tree’s mutually-signed written PCR that outlines the scope and/or schedule impact of the Project Change Request. The proposed PCR will not take effect until approved in writing by both Parties. If the proposed PCR is not accepted by Client or Binary Tree, or the Parties disagree with the characterization of the proposed PCR, the Parties will negotiate in good faith to resolve their disagreement. Once a PCR has been agreed to by the Parties, it shall become a part of the applicable SOW. In the event of a conflict between the applicable SOW and the PCR, the terms of the SOW will govern unless the PCR expressly references the section of the SOW being modified by the PCR.
Project Change Requests. Section 2.3(f) of the Development Agreement is hereby deleted and replaced in its entirety with the following:
Project Change Requests. Each party may initiate a project change request (“PCR”) regarding the features of the TiVo Software by submitting to the other party a detailed description of the PCR in the form attached as Exhibit I (Project Change Request Form). The parties will work together in good faith to estimate the feasibility, schedule and cost of each PCR, with such estimate to be completed within 30 days of a party’s initiation of the PCR. With respect to PCRs initiated by DIRECTV, each such PCR shall be priced by TiVo at the T & M Rate. The party initiating the PCR will accept or reject the PCR within 30 days of completion of the estimate. Once provided with schedule and cost, neither Party is under an obligation to accept the PCR, provided that TiVo may not reject a PCR initiated by DIRECTV if DIRECTV agrees to pay for the [*] Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. changes described in the PCR at the T & M Rate and provides TiVo a commercially reasonable amount of time to perform the changes described in the PCR, including, without limitation, all development and testing necessary to implement such changes. Upon mutual acceptance of the PCR, the Parties will work together to prepare a finalized development schedule, product requirement document and associated fee schedule in order to implement the accepted PCR.”
Project Change Requests. The Parties have mutually agreed upon the Project Change Requests set forth in Attachment 2 to this Seventh Amendment. It is expressly understood that any amounts payable to TiVo for the development described in such Project Change Requests shall be deducted from Development Credits pursuant to Section 3.14 of the Development Agreement. TiVo shall complete the agreed changes and submit them for testing to DIRECTV by August 1, 2006, in the case of PCR #81, and by November 1, 2006, in the case of PCR #80. No later than September 1, 2006, DIRECTV will pay TiVo an advance of [*] of the DVR/PVR Service Fees payable under the Development Agreement for the month of February 2007. Subject to TiVo’s completion of the Project Change Requests set forth above, it is expressly understood and agreed that any outstanding waivers granted by DIRECTV to TiVo for activities under the Development Agreement are deemed satisfied. [*] Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
Project Change Requests. Either Company or Provider may request a change to a Project, which request and change shall be subject to change control procedures described in the Project Management Process.
Project Change Requests. A new Section 2.3(f) is added to the Development Agreement to read as follows:
Project Change Requests. Each party may initiate a project change request (“PCR”) regarding the features of the Trinity Hardware, Version [*]Software and/or the Version [*]Software by submitting to the other party a detailed description of the PCR in the form attached as Exhibit I (Project Change Request Form). The parties will work together in good faith to estimate any schedule and cost impacts of PCRs, including any changes to the development fee associated with the Trinity Hardware, Version [*]Software and/or the Version [*]Software, and such changes may be adopted [*]Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. accordingly with the mutual agreement of the Parties. If the time to estimate PCR cost and schedule impacts is expected to [*]of effort, either party (the “estimating party”) may, at its option, request that the party initiating a PCR (the “initiating party”) reimburse the estimating party for the estimating party’s expenses associated with estimating the feasibility, schedule and cost impact of any given PCR so initiated, provided that the actual time of the estimating party [*]. The initiating party may, at its option, accept or decline such a request for reimbursement. If the initiating party declines such request, the associated PCR shall be considered rejected and the estimating party will not be obligated to undertake any estimate of schedule or cost impacts associated with such PCR. Neither Party is under any obligation to accept a PCR. Upon the acceptance of a PCR, the Parties will work together to prepare an updated development schedule, product requirement document, and associated fee schedule in order to implement an accepted PCR.”
