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: Lump Sum Turnkey Agreement, Lump Sum Turnkey Agreement (Sabine Pass Liquefaction, LLC), Fixed Price Separated Turnkey Agreement (Cheniere Corpus Christi Holdings, LLC)
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: Lump Sum Turnkey Agreement (Tellurian Inc. /De/), Lump Sum Turnkey Agreement (Tellurian Inc. /De/), Lump Sum Turnkey 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 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 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)
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: Lump Sum Turnkey Agreement (Mirant Corp), Lump Sum Turnkey 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 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: Fixed Price Turnkey Agreement (NextDecade Corp.), Fixed Price Turnkey 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 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
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
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: Fixed Price Separated Turnkey 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 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 1 contract
Adjustment Only Through Change Order. Unless otherwise Except as provided in Section 10.4 and without limiting Contractor’s entitlement to any Change Order as expressly provided in this Agreement, no change in the requirements of this Agreement, whether an addition to, deletion from, suspension of from or modification to this Agreement, including any Work, shall be the basis for an adjustment for any change in the Contract Price, the Project Baseline Schedule, Payment Schedulethe Baseline Cash Flow Plan, 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 deletion or modification has been authorized by a Change Order executed and issued number assigned by Owner in respect to the final PAR for such addition, deletion or modification (whether with or without qualifications by Owner) in accordance with and in strict compliance with the requirements of this Section 6.7Article. Contractor shall not 302093599 v11 perform any change Change in the Work unless and until such change Change is authorized pursuant to this Section 6.7Article, and should Contractor perform or claim to perform any changes Change in the Work prior to authorization by Change OrderOrder or pursuant to Section 10.4, all such costs and expenses incurred by Contractor in performing such Change or, if required by Owner, reversing or cancelling such Change, if performed, shall be for Contractor’s accountaccount unless otherwise agreed to by Owner. No course of conduct or dealings between the Parties, nor implied acceptance of additions, deletions, suspensions deletions or modifications to this Agreement, including any Work, and no claim that Owner has or any of its Affiliates have been unjustly enriched by any such addition, deletion, suspension deletion 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 Baseline Schedule, the Payment Schedule, any Work, any of the Minimum Acceptance Criteria or Performance Guarantee Baseline Cash Flow Plan or any other obligations of Contractor under this Agreement.
Appears in 1 contract
Samples: Engineering, Procurement and Construction Agreement (Progress Energy Inc)