Adjustments to Agreement. Should: (1) a Owner or GEC Change under Section 6.2 or 6.3 cause an increase or decrease in GEC’s cost of or time required for performance of this Agreement, or otherwise affect any provision of this Agreement or (2) an impact to the Work as provided in the Agreement, or increase GEC’s cost or time required for performance of this Agreement or otherwise adversely affect any provision of the Agreement, GEC shall be entitled to an adjustment to the Contract Price, Project Schedule, Performance Guarantees, Guaranteed Completion Date, Milestone Payment Schedule or any other provisions of this Agreement which are affected by such Change. In connection with an Owner or GEC Change under Sections 6.2 or 6.3, when GEC is notified of or proposes such a Change, Contractor shall promptly prepare and submit to GEC an estimate of the increase or decrease, if any, in the cost and time required to complete the Work, together with an explanation of the basis for such estimate, and shall inform Owner whether, in GEC’s opinion, such Change should result in an adjustment of any other provision of the Agreement, specifying the relevant provision. The price of any Work required or deleted by a Change shall be a lump sum fixed price mutually agreed to by the parties, unless the parties agree otherwise. The explanation of the basis for a cost Change shall include, as appropriate, relevant cost information regarding the portion of the original cost estimate that is affected by the Change, vendor pricing for the cost of Equipment added by the Change, and estimated quantities of Equipment, other materials and labor added by the Change. If GEC and Owner fail to agree on Contractor’s entitlement to an adjustment or the nature of such adjustment, then the provisions of Article XIX shall be invoked to resolve the dispute. Pending the resolution of such dispute, GEC shall be reimbursed for such Change on a good faith negotiated basis and when the dispute is resolved said reimbursed amount shall be credited against said resolved amount. If Owner fails to agree to a GEC request for an extension of a Guaranteed Completion Date to which GEC is ultimately determined to be entitled, then GEC is entitled to a Change for any increased cost plus its markups resulting from efforts to meet the Guaranteed Completion Date during resolution of the dispute, if any. In connection with other Changes having an impact on the Work, GEC shall promptly prepare and submit to Owner an estimate of the increase, ...
Adjustments to Agreement. Client agrees that NOOR may change, add, or cancel any of the terms and conditions of this Agreement at any time by notifying such modification and their effective date on the NOOR's website and/or notifying thereof by e- mail at the e-mail address as provided to NOOR. Upon the completion of this procedure Client and NOOR shall be legally bound by the modification regardless of whether Client receives the email or not. NOOR may change its services at any time by making changes on its website and shall not be obliged to provide Client any separate notice concerning such change. If Client does not agree on the amendment, Client shall promptly notify NOOR in writing and cease to using NOOR's services except as necessary to close the account. Client acknowledges that the use of NOOR's services after the amendments to this agreement or modification to the service shall be deemed acceptance. NOOR shall not be held liable in the event of force majeure and emergency situations such as suspension or delay of trading, war or earthquakes, unrest or communication line failure, electricity or equipment or software failure or any other cause beyond the control of the parties whether directly or indirectly or unauthorized access or theft or any problem technical or otherwise, which may prevent Client from entering, canceling or modifying an order or prevent NOOR from acting on an online order or instructions. If NOOR determine that a force majeure event exist, NOOR may, in its absolute discretion and without prior notice, at any time take one or more of the following steps; Majeure event makes it impossible or impractical for NOOR to comply with the term or terms in question. In the event of the above events, NOOR shall not be liable to the client for any claims, losses, damage, costs and expenses, including lawyers' fees, arising directly or indirectly out of such events.
Adjustments to Agreement. (a) If any change causes an increase or decrease in the Price, or in the time required for performance of any part of the Work, whether or not directly changed by the order, ORBCOMM and Orbital shall negotiate an equitable adjustment to such Price, delivery schedule or other provision of this Agreement. Orbital shall perform the Work as changed pending resolution of any negotiation under this Article 8.
(b) Orbital must assert in written proposal that addresses its right to an adjustment under this Article 8 within thirty (30) days from receipt of the written order.
Adjustments to Agreement. (a) If any change causes an increase or decrease in the Price, or in the time required for performance of any part of the Work, whether or not directly changed by the order, ORBCOMM Global and Orbital shall negotiate an equitable adjustment to such Price, delivery schedule or other provision of this Agreement. Orbital shall perform the Work as changed pending resolution of any negotiation under this Article 8.
(b) Orbital must assert in a written proposal that addresses its right to an adjustment under this Article 8 within sixty (60) days from receipt of the written order; provided that, if Orbital requires additional time to finalize its written proposal, it shall request an extension within the initial sixty (60) day period, which request shall not be unreasonably denied by ORBCOMM Global.
(c) If Orbital's proposal includes the cost of replacing property made obsolete or excess by the change, ORBCOMM Global shall have the right to prescribe the manner of the disposition of the obsolete or excess property.
(d) Failure to agree to any adjustment shall be a dispute and settled in accordance with Section 16.4, provided that nothing in this Section 8.2 shall excuse Orbital from proceeding with the Work as changed.
Adjustments to Agreement. (a) If any change causes an increase or decrease in the Price, or in the time required for performance of any part of the Work, whether or not directly changed by the order, ORBCOMM and OHB shall negotiate an equitable adjustment to such Price, delivery schedule or other provision of this Agreement. OHB shall perform the Work as changed pending resolution of any negotiation under this Article 8.
(b) OHB must assert in written proposal that addresses its right to an adjustment under this Article 8 within thirty (30) days from receipt of the written order.
(c) If OHB's proposal includes the cost of replacing property made obsolete or excess by the change, ORBCOMM shall have the right to prescribe the manner of the disposition of the obsolete or excess property. -------------------------------------------------------------------------------- B10LG1197 - Revision New Page 7 ORBCOMM PROPRIETARY INFORMATION Concept Demonstration Satellite Bus Integration Test And Launch Services Procurement Agreement
(d) Failure to agree to any adjustment shall be a dispute and shall be settled in accordance with Section 12.3 provided that nothing in this Section 8.2 shall excuse OHB from proceeding with the Work as changed.
(e) The exercise of any Option contemplated by this Agreement shall not be considered a change to this Agreement.
Adjustments to Agreement. (a) If any change causes an increase or decrease in the Price, or in the time required for performance of any part of the Work, whether or not directly changed by the order, OIC and Orbital shall negotiate an equitable adjustment to such Price, delivery schedule or other provision of this Agreement. Orbital shall perform the Work as changed pending resolution of any negotiation under this Article 9, provided that OIC provides funding for the efforts.
(b) Failure to agree to any adjustment shall be a dispute and settled in accordance with Section 15.4.
Adjustments to Agreement. The document has been reviewed by the legal section within Salford Council and the following additional elements are to be included
Adjustments to Agreement. 22 FORCE MAJEUR A Close any or all open contracts at any level that is appropriate B Suspend or modify the application of all or any of the terms of this Agreement to the extent that the force C Alter the last time for trading for particular contract. D Take or omit to take all such other actions as XXXX xxxx to be reasonably appropriate in the circumstances having NOOR positions, Client positions and the positions of other Client.
Adjustments to Agreement. If any Change causes an increase or decrease in the cost of or time required for performance of this Agreement by Contractor or otherwise affects any provision of this Agreement and either party to this Agreement is entitled to an adjustment as a result of such Change, then an adjustment will be made to the Contract Price, Project Schedule, Guaranteed Completion Date or End Date, or any other provisions of this Agreement which are affected by such Change. When Contractor is notified of or becomes aware of a Change, Contractor shall promptly, and in any event within seven (7) days, prepare and submit to Owner, to the extent such information is reasonably available, an estimate of the increase or decrease, if any, in the cost and time required to complete the Work, together with an explanation of the basis for such estimate, and shall inform Owner whether, in Contractor's opinion, such Change should result in an adjustment under this Agreement, specifying the relevant provision of this Agreement. The explanation of the basis for a cost Change shall include, as appropriate, relevant cost information regarding the portion of the original cost estimate that is affected by the Change, vendor pricing for the cost of Equipment added or deleted by the Change, and estimated quantities of Equipment, other materials and labor added or deleted by the Change. If Contractor and Owner fail to agree on Contractor's entitlement to an adjustment or the nature of such adjustment, then the provisions of Article 19 shall be invoked to resolve the dispute.
Adjustments to Agreement. (a) If any change requested by ORBCOMM causes an increase or decrease in SUPPLIER’s Costs, or in the time required for performance of any part of the Work, whether or not directly changed by the order, ORBCOMM and SUPPLIER shall negotiate an equitable adjustment to such Price, Delivery schedule or other provision of this Agreement. If SUPPLIER’s Costs are increased in connection with any changes under this Article 9, it shall be entitled to such Costs. If SUPPLIER’s Costs are reduced in connection with any changes under this Article 9, ORBCOMM shall be entitled to a credit against its payments otherwise due hereunder of SUPPLIER’s savings, also calculated at Cost. SUPPLIER shall perform the Work as contractually obligated pending resolution of any negotiation under this Article 9; unless ORBCOMM directs SUPPLIER in writing to proceed with the change subject to such resolution in which event SUPPLIER shall proceed in that manner. If ORBCOMM so directs SUPPLIER to proceed pending such resolution, then: (i) ORBCOMM shall pay SNC in accordance with such proposal pending resolution at which time any over (or under) payments shall be required to be paid or refunded by the relevant party in accordance with such resolution; and (ii) the pendancy of such resolution shall not excuse SNC from proceeding with the Work as changed.
(b) SUPPLIER must assert in a written proposal that addresses its right to an adjustment under this Article 9 within twenty (20) Business Days from receipt of the written order.
(c) If SUPPLIER’s proposal includes the Cost of replacing property made obsolete or excess by the change, SUPPLIER’s charge for the new item shall be reduced by the Cost of the item to be replaced.
(d) Failure to agree to any adjustment shall be a dispute and shall be settled in accordance with Section 15.4.
