Common use of Adjustments to Fixed Contract Price Clause in Contracts

Adjustments to Fixed Contract Price. In entering into this Agreement, Design/Builder understands and agrees that the Fixed Contract Price can only be increased in limited circumstances, and in accordance with the provisions set forth in this Agreement, including but not limited to the Change Order procedures set forth in Article 15 and the Claims procedures set forth in Article 16. Subject to the provisions of this Agreement, the Fixed Contract Price can be increased if: (a) Owner directs or agrees to a change in the Project that increases the cost of the Design Services or the Work; (b) the Design/Builder encounters subsurface or concealed conditions at the Project site, which meet the requirements of Paragraph 16.2 and that cause the Design/Builder to incur increased costs in the Design Services or the Work; (c) the Design/Builder encounters Hazardous Materials, complies with the provisions set forth therein, and incurs increased costs to the Design Services or the Work; (d) Design/Builder incurs unavoidable increased costs in performing Design Services or the Work as a direct result of changes, after the execution of this Agreement, in directly applicable laws, codes and ordinances, such as changes in life-safety building codes or zoning laws, legislatively enacted new categories of taxes (such as a gross receipts tax), and changes in environmental regulations which relate to the Project; or (e) emergencies that meet the requirements of Paragraph 15.9, and that cause Design/Builder to incur increased costs in the Design Services or the Work. Except for the foregoing, Design/Builder agrees that the Design/Builder assumes all other risks which may cause increased costs to the Design Services or the Work, and agrees that the Fixed Contract Price will not be increased as a result of any such risks.

Adjustments to Fixed Contract Price. In entering into this Agreement, Design/Builder understands and agrees that the Fixed Contract Price can only be increased in limited circumstances, and in accordance with the provisions set forth in this Agreement, including but not limited to the Change Order procedures set forth in Article 15 and the Claims procedures set forth in Article 16. Subject to the provisions of this Agreement, the Fixed Contract Price can be increased if:in (a) Owner directs or agrees to a change in the Project that increases the cost of the Design Services or the Work; (b) the Design/Builder encounters subsurface or concealed conditions at the Project site, which meet the requirements of Paragraph 16.2 and that cause the Design/Builder to incur increased costs in the Design Services or the Work; (c) the Design/Builder encounters Hazardous Materials, complies with the provisions set forth therein, and incurs increased costs to the Design Services or the Work; (d) Design/Builder incurs unavoidable increased costs in performing Design Services or the Work as a direct result of changes, after the execution of this Agreement, in directly applicable laws, codes and ordinances, such as changes in life-safety building codes or zoning laws, legislatively enacted new categories of taxes (such as a gross receipts tax), and changes in environmental regulations which relate to the Project; or (e) emergencies that meet the requirements of Paragraph 15.9, and that cause Design/Builder to incur increased costs in the Design Services or the Work. Except for the foregoing, Design/Builder agrees that the Design/Builder assumes all other risks which may cause increased costs to the Design Services or the Work, and agrees that the Fixed Contract Price will not be increased as a result of any such risks.

Adjustments to Fixed Contract Price. In entering into this Agreement, Design/Builder the Contractor understands and agrees that the Fixed Contract Price can only be increased in limited circumstances, and in accordance with the provisions set forth in this Agreement, including but not limited to the Change Order procedures set forth in Article 15 and the Claims procedures set forth in Article 16. Subject to the provisions of this Agreement, the Fixed Contract Price can be increased if: (a) Owner The Municipality directs or agrees to a change in the Project that increases the cost of the Design Services or the Construction Work; (b) the Design/Builder The Contractor encounters subsurface or concealed conditions at the Project site, which meet the requirements of Paragraph 16.2 and that cause the Design/Builder Contractor to incur increased costs in the Design Services or the Work; (c) the Design/Builder The Contractor encounters Hazardous Materials, complies with the provisions set forth therein, and incurs increased costs to the Design Services or the Work; (d) Design/Builder The Contractor incurs unavoidable increased costs in performing Design Services or the Work as a direct result of changes, after the execution of this Agreement, in directly applicable laws, codes and codes, ordinances, and/or regulations, such as changes in life-safety building codes or zoning laws, legislatively enacted new categories of taxes (such as a gross receipts tax), and changes in environmental regulations which relate to the Project; or (e) emergencies Emergencies that meet the requirements of Paragraph 15.9, and that cause Design/Builder the Contractor to incur increased costs in the Design Services or the Work. Except for the foregoing, Design/Builder the Contractor agrees that the Design/Builder Contractor assumes all other risks which may cause increased costs to the Design Services or the Work, and agrees that the Fixed Contract Price will not be increased as a result of any such risks.