Common use of Adjustment Only Through Change Order Clause in Contracts

Adjustment Only Through Change Order. Unless otherwise provided in this Agreement, no change in the requirements of this Agreement, whether an addition to, deletion from, suspension of or modification to this Agreement, including any Work, shall be the basis for an adjustment for any change in the Contract Price, the Project Schedule, Payment Schedule, any Work, any of the Minimum Acceptance Criteria or Performance Guarantee or any other obligations of Contractor or right of Owner under this Agreement unless and until such addition, deletion, suspension or modification has been authorized by a Change Order executed and issued in accordance with and in strict compliance with the requirements of this Section 6.7. Contractor shall not perform any change in the Work unless and until such change is authorized pursuant to this Section 6.7, and should Contractor perform or claim to perform any changes in the Work prior to authorization by Change Order, all such costs and expenses incurred by Contractor shall be for Contractor’s account. No course of conduct or dealings between the Parties, nor implied acceptance of additions, deletions, suspensions or modifications to this Agreement, including any Work, and no claim that Owner has been unjustly enriched by any such addition, deletion, suspension or modification to this Agreement, whether or not there is in fact any such unjust enrichment, shall be the basis for any claim for an adjustment in the Contract Price, the Project Schedule, the Payment Schedule, any Work, any of the Minimum Acceptance Criteria or Performance Guarantee or any other obligations of Contractor under this Agreement.

Appears in 16 contracts

Samples: Escrow Agreement, Escrow Agreement (Sabine Pass Liquefaction, LLC), Procurement and Construction Agreement (Cheniere Corpus Christi Holdings, LLC)

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Adjustment Only Through Change Order. Unless otherwise provided in this Agreement, no change in the requirements of this Agreement, whether an addition to, deletion from, suspension of or modification to this Agreement, including any Work, shall be the basis for an adjustment for any change in the Contract Price, the Project Schedule, Payment Schedule, any Work, any of the Minimum Acceptance Criteria or the Performance Guarantee or any other obligations of Contractor or right of Owner under this Agreement unless and until such addition, deletion, suspension or modification has been authorized by a Change Order executed and issued in accordance with and in strict compliance with the requirements of this Section 6.7. Contractor shall not perform any change in the Work unless and until such change is authorized pursuant to this Section 6.7, and should Contractor perform or claim to perform any changes in the Work prior to authorization by Change Order, all such costs and expenses incurred by Contractor shall be for Contractor’s account. No course of conduct or dealings between the Parties, nor implied acceptance of additions, deletions, suspensions or modifications to this Agreement, including any Work, and no claim that Owner has been unjustly enriched by any such addition, deletion, suspension or modification to this Agreement, whether or not there is in fact any such unjust enrichment, shall be the basis for any claim for an adjustment in the Contract Price, the Project Schedule, the Payment Schedule, any Work, any of the Minimum Acceptance Criteria or the Performance Guarantee or any other obligations of Contractor under this Agreement.

Appears in 4 contracts

Samples: Escrow Agreement (Tellurian Inc. /De/), Procurement and Construction Agreement (Tellurian Inc. /De/), Procurement and Construction Agreement (Tellurian Inc. /De/)

Adjustment Only Through Change Order. Unless otherwise provided in this Agreement, no No change in the requirements of this Agreement, whether an addition to, deletion from, suspension of or modification to this Agreement, including any Work, shall be the basis for an adjustment for to any change in the Contract Price, the Project Schedule, Payment Schedule, any Work, any of the Minimum Acceptance Changed Criteria or Performance Guarantee or any other obligations of Contractor or right of Owner under this Agreement unless and until such addition, deletion, suspension or modification has been authorized by a Change Order executed and issued in accordance with and in strict compliance with the requirements of this Section 6.7ARTICLE 6, except that the Work may be changed by a Change Directive. Contractor shall not perform any change in the Work unless and until such change is authorized pursuant to a Change Order or Change Directive in accordance with this Section 6.7ARTICLE 6, and should all costs incurred by Contractor perform or claim to perform any changes in the Work prior to authorization by Change Order, all such costs and expenses incurred by Contractor Order shall be for Contractor’s account. No course of conduct or dealings between the PartiesParties (including the issuance of an Owner’s Change Request or Contractor’s Change Notice), nor express or implied acceptance of additions, deletions, suspensions or modifications to this Agreement, including any Work, and no claim that Owner has been unjustly enriched by any such addition, deletion, suspension or modification to this Agreement, whether or not there is in fact any such unjust enrichment, shall be the basis for any claim for an adjustment in to the Contract Price, the Project Schedule, the Payment Schedule, any Work, any of the Minimum Acceptance Changed Criteria or Performance Guarantee or any other obligations of Contractor under this Agreement.

Appears in 2 contracts

Samples: Epc Agreement (NextDecade Corp.), Epc Agreement (NextDecade Corp.)

Adjustment Only Through Change Order. Unless otherwise provided in this Agreement, no No change in the requirements of this Agreement, whether an addition to, deletion from, suspension of or modification to this Agreement, including any Work, shall be the basis for an adjustment for any change in the Estimated Contract Price, the Project ScheduleSchedule (including the Required Mechanical Completion Date, Payment ScheduleRequired Substantial Completion Date, or Required Final Completion Date), any Work, any of the Minimum Acceptance Criteria or Performance Guarantee Work or any other obligations of Contractor or right of Owner under this Agreement unless and until such addition, deletion, suspension or modification has been authorized by a Change Order executed and issued in accordance with and in strict compliance with the requirements of this Section 6.7Article 6. Contractor shall not perform any change in the Work unless and until such change is authorized pursuant to this Section 6.7Article 6, and should Contractor perform or claim to perform any changes in the Work prior to authorization by Change Order, all such costs and expenses incurred by Contractor shall be for Contractor’s account. No course of conduct or dealings between the Parties, nor express or implied acceptance of additions, deletions, suspensions or modifications to this Agreement, including any Work, and no claim that Owner has been unjustly enriched by any such addition, deletion, suspension or modification to this Agreement, whether or not there is in fact any such unjust enrichment, shall be the basis for any claim for an adjustment in the Estimated Contract Price, the Project ScheduleSchedule (including the Required Mechanical Completion Date, the Payment ScheduleRequired Substantial Completion Date, or Required Final Completion Date), any Work, any of the Minimum Acceptance Criteria or Performance Guarantee Work or any other obligations of Contractor under this Agreement.

Appears in 2 contracts

Samples: Construction Agreement (Cheniere Energy Inc), Construction Agreement (Cheniere Energy Inc)

Adjustment Only Through Change Order. Unless otherwise provided in this Agreement, no No change in the requirements of this Agreement, whether an addition to, deletion from, suspension of or modification to this Agreement, including any Work, shall be the basis for an adjustment for any change in the Contract Price, the Project Key Milestone Schedule, the Guaranteed Substantial Completion Date, the Required Final Completion Date, Payment Schedule, any Work, any of the Minimum Acceptance Criteria or Performance Guarantee Guarantees or any other obligations of Contractor or right of Owner under this Agreement unless and until such addition, deletion, suspension or modification has been authorized by a Change Order executed and issued in accordance with and in strict compliance with the requirements of this Section 6.7Article 6. Contractor shall not perform any change in the Work unless and until such change is authorized pursuant to this Section 6.7Article 6, and should Contractor perform or claim to perform any changes in the Work prior to authorization by Change Order, all such costs and expenses incurred by Contractor shall be for Contractor’s account. No course of conduct or dealings between the Parties, nor express or implied acceptance of additions, deletions, suspensions or modifications to this Agreement, including any Work, and no claim that Owner has been unjustly enriched by any such addition, deletion, suspension or modification to this Agreement, whether or not there is in fact any such unjust enrichment, Agreement shall be the basis for any claim for an adjustment in the Contract Price, the Project Key Milestone Schedule, the Guaranteed Substantial Completion Date, the Required Final Completion Date, the Payment Schedule, any Work, any of the Minimum Acceptance Criteria or Criteria, Performance Guarantee Guarantees or any other obligations of Contractor under this Agreement.

Appears in 2 contracts

Samples: Engineering, Procurement and Construction Agreement (Mirant Corp), Engineering, Procurement and Construction Agreement (Mirant Corp)

Adjustment Only Through Change Order. Unless otherwise provided in this Agreement, no No change in the requirements of this Agreement, whether an addition to, deletion from, suspension of or modification to this Agreement, including any Work, shall be the basis for an adjustment for any change in the Contract PriceEstimated Total Contractor’s Compensation, the Project Schedule, Payment ScheduleSchedule (including the Guaranteed Mechanical Completion Date or Guaranteed Final Completion Date), any Work, any of the Minimum Acceptance Criteria or Performance Guarantee Work or any other obligations of Contractor or right of Owner under this Agreement unless and until such addition, deletion, suspension or modification has been authorized by a Change Order executed and issued in accordance with and in strict compliance with the requirements of this Section 6.7Article 6. Contractor shall not perform any change in the Work unless and until such change is authorized pursuant to this Section 6.7Article 6, and should Contractor perform or claim to perform any changes in the Work prior to authorization by Change Order, all such costs and expenses incurred by Contractor shall be for Contractor’s account. No course of conduct conduct, dealings or dealings verbal agreement between the Parties, nor express or implied acceptance of additions, deletions, suspensions or modifications to this Agreement, including any Work, and no claim that Owner has been unjustly enriched by any such addition, deletion, suspension or modification to this Agreement, whether or not there is in fact any such unjust enrichment, shall be the basis for any claim for an adjustment in the Contract PriceEstimated Total Contractor’s Compensation, the Project Schedule, Schedule (including the Payment ScheduleGuaranteed Mechanical Completion Date or Guaranteed Final Completion Date), any Work, any of the Minimum Acceptance Criteria or Performance Guarantee Work or any other obligations of Contractor under this Agreement.

Appears in 2 contracts

Samples: Construction Agreement (Cheniere Corpus Christi Holdings, LLC), Construction Agreement (Cheniere Corpus Christi Holdings, LLC)

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Adjustment Only Through Change Order. Unless otherwise provided in this Agreement, no No change in the requirements of this Agreement, whether an addition to, deletion from, suspension of or modification to this Agreement, including any Work, shall be the basis for an adjustment for to any change in the Contract Price, the Project Schedule, Payment Schedule, any Work, any of the Minimum Acceptance Changed Criteria or Performance Guarantee or any other obligations of Contractor or right of Owner under this Agreement unless and until such addition, deletion, suspension or modification has been authorized by a Change Order executed and issued in accordance with and in strict compliance with the requirements of this Section 6.7Article 6, except that the Work may be changed by a Unilateral Change Order. Contractor shall not perform any change in the Work unless and until such change is authorized pursuant to a Change Order or Unilateral Change Order in accordance with this Section 6.7Article 6, and should all costs incurred by Contractor perform or claim to perform any changes in the Work prior to authorization by Change Order, all such costs and expenses incurred by Contractor Order shall be for Contractor’s account. No course of conduct or dealings between the PartiesParties (including the issuance of an Owner’s Change Request or Contractor’s notice of changes or claims), nor express or implied acceptance of additions, deletions, suspensions or modifications to this Agreement, including any Work, and no claim that Owner has been unjustly enriched by any such addition, deletion, suspension or modification to this Agreement, whether or not there is in fact any such unjust enrichment, shall be the basis for any claim for an adjustment in to the Contract Price, the Project Schedule, the Payment Schedule, any Work, any of the Minimum Acceptance Changed Criteria or Performance Guarantee or any other obligations of Contractor under this Agreement.

Appears in 1 contract

Samples: Engineering, Procurement and Construction Agreement (Cheniere Energy, Inc.)

Adjustment Only Through Change Order. Unless otherwise provided in this Agreement, no change in the requirements of this Agreement, whether an addition to, deletion from, suspension of or modification to this Agreement, including any Work, shall be the basis for an adjustment for any change in the Contract Price, the Project Schedule, Payment Schedule, any Work, any of the Minimum Acceptance Criteria or Performance Guarantee Guarantees or any other obligations of Contractor or right of Owner under this Agreement unless and until such addition, deletion, suspension or modification has been authorized by a Change Order executed and issued in accordance with and in strict compliance with the requirements of this Section 6.7. Contractor shall not perform any change in the Work unless and until such change is authorized pursuant to this Section 6.7, and should Contractor perform or claim to perform any changes in the Work prior to authorization by Change Order, all such costs and expenses incurred by Contractor shall be for Contractor’s account. No course of conduct or dealings between the Parties, nor implied acceptance of additions, deletions, suspensions or modifications to this Agreement, including any Work, and no claim that Owner has been unjustly enriched by any such addition, deletion, suspension or modification to this Agreement, whether or not there is in fact any such unjust enrichment, shall be the basis for any claim for an adjustment in the Contract Price, the Project Schedule, the Payment Schedule, any Work, any of the Minimum Acceptance Criteria or Performance Guarantee Guarantees or any other obligations of Contractor under this Agreement.

Appears in 1 contract

Samples: Engineering, Procurement and Construction Agreement (Cheniere Energy Inc)

Adjustment Only Through Change Order. Unless otherwise provided in this Agreement, no No change in the requirements of this Agreement, whether an addition to, deletion from, suspension of or modification to this Agreement, including any Work, shall be the basis for an adjustment for any change in the Estimated Contract Price, the Project ScheduleSchedule (including the Guaranteed Mechanical Completion Date, Payment ScheduleGuaranteed Substantial Completion Date, or Guaranteed Final Completion Date), any Work, any of the Minimum Acceptance Criteria or Performance Guarantee Work or any other obligations of Contractor or right of Owner under this Agreement unless and until such addition, deletion, suspension or modification has been authorized by a Change Order executed and issued in accordance with and in strict compliance with the requirements of this Section 6.7Article 6. Contractor shall not perform any change in the Work unless and until such change is authorized pursuant to this Section 6.7Article 6, and should Contractor perform or claim to perform any changes in the Work prior to authorization by Change Order, all such costs and expenses incurred by Contractor shall be for Contractor’s account. No course of conduct or dealings between the Parties, nor express or implied acceptance of additions, deletions, suspensions or modifications to this Agreement, including any Work, and no claim that Owner has been unjustly enriched by any such addition, deletion, suspension or modification to this Agreement, whether or not there is in fact any such unjust enrichment, shall be the basis for any claim for an adjustment in the Estimated Contract Price, the Project ScheduleSchedule (including the Guaranteed Mechanical Completion Date, the Payment ScheduleGuaranteed Substantial Completion Date, or Guaranteed Final Completion Date), any Work, any of the Minimum Acceptance Criteria or Performance Guarantee Work or any other obligations of Contractor under this Agreement.

Appears in 1 contract

Samples: Construction Agreement (Cheniere Energy Inc)

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