Agreement on Change Order. The Contractor Project Manager and the WSP Project Manager shall negotiate in good faith and in a timely manner as to the price for and the impact on the Schedule of any Change Request. If the parties reach an agreement on a Change Order in writing, and the Change Order is executed by authorized representatives of the parties, the terms of this Contract shall be modified accordingly. The parties will execute a formal Contract amendment for any Change Order that increases or decreases the Maximum Amount. Change Orders and such Contract amendments must be executed by the WSP Chief or his or her designee in writing. Contractor will promptly incorporate all Change Orders affecting the Services and Deliverables into applicable System Documentation. In no event shall the Charges be increased nor shall the Schedule be extended in a Change Order to correct errors or omissions in the Response. Deficiency corrections shall be provided to WSP at no additional cost and without the need for additional Change Orders. Disagreement. If federal or state laws, rules, regulations, policies, Standards or guidelines are adopted, promulgated, judicially interpreted or changed, the effect of which is to alter the ability of either party to fulfill its obligations under this Contract, the parties will promptly negotiate in good faith appropriate modifications or alterations to the Contract and any appropriate Change Orders. If WSP submits to Contractor a Change Request to comply with such laws, rules, regulations, policies or guidelines and if the parties are unable to reach an agreement in writing within 15 days of Contractor’s response to such a Change Request, the WSP Project Manager may make a determination of the revised price and Schedule, and Contractor shall proceed with the work according to such price and Schedule which shall be included in the resulting Change Order, subject to Contractor’s right to appeal the WSP Project Manager’s determination of the price and/or Schedule to the dispute resolution process under Section 14. If Contractor appeals the WSP Project Manager's determination of the price and/or Project Schedule to the dispute resolution process under Xxxxxxx 000, XXX shall pay for such work up to the price determined by the WSP Project Manager until all amounts in such price are expended, after which Contractor shall continue performing such work until completion of the dispute resolution process related to this Change Order. Nothing in this Section 15.55 shall in any manner excuse Contractor from proceeding diligently with the Contract as changed by the Change Order.
Appears in 2 contracts
Samples: Software Escrow Agreement, Saas Contract
Agreement on Change Order. The Contractor Project Manager and the WSP Project Manager shall negotiate in good faith and in a timely manner as to the price for and the impact on the Schedule of any Change Request. If the parties reach an agreement on a Change Order in writing, and the Change Order is executed by authorized representatives of the parties, the terms of this Contract shall be modified accordingly. The parties will execute a formal Contract amendment for any Change Order that increases or decreases the Maximum Amount. Change Orders and such Contract amendments must be executed by the WSP Chief or his or her designee in writing. Contractor will promptly incorporate all Change Orders affecting the Services and Deliverables into applicable System Documentation. In no event shall the Charges be increased nor shall the Schedule be extended in a Change Order to correct errors or omissions in the Response. Deficiency corrections shall be provided to WSP at no additional cost and without the need for additional Change Orders. Disagreement. If federal or state laws, rules, regulations, policies, Standards or guidelines are adopted, promulgated, judicially interpreted or changed, the effect of which is to alter the ability of either party to fulfill its obligations under this Contract, the parties will promptly negotiate in good faith appropriate modifications or alterations to the Contract and any appropriate Change Orders. If WSP submits to Contractor a Change Request to comply with such laws, rules, regulations, policies or guidelines and if the parties are unable to reach an agreement in writing within 15 days of Contractor’s response to such a Change Request, the WSP Project Manager may make a determination of the revised price and Schedule, and Contractor shall proceed with the work according to such price and Schedule which shall be included in the resulting Change Order, subject to Contractor’s right to appeal the WSP Project Manager’s determination of the price and/or Schedule to the dispute resolution process under Section 14. If Contractor appeals the WSP Project Manager's determination of the price and/or Project Schedule to the dispute resolution process under Xxxxxxx 000Section 144, XXX WSP shall pay for such work up to the price determined by the WSP Project Manager until all amounts in such price are expended, after which Contractor shall continue performing such work until completion of the dispute resolution process related to this Change Order. Nothing in this Section 15.55 shall in any manner excuse Contractor from proceeding diligently with the Contract as changed by the Change Order.
Appears in 1 contract
Samples: Saas Contract
Agreement on Change Order. The Contractor Project Manager and the WSP Project Manager shall negotiate in good faith and in a timely manner as to the price for and the impact on the Schedule of any Change Request. If the parties reach an agreement on a Change Order in writing, and the Change Order is executed by authorized representatives of the parties, the terms of this Contract shall be modified accordingly. The parties will execute a formal Contract amendment for any Change Order that increases or decreases the Maximum Amount. Change Orders and such Contract amendments must be executed by the WSP Chief or his or her designee in writing. Contractor will promptly incorporate all Change Orders affecting the Services and Deliverables into applicable System Documentation. In no event shall the Charges be increased nor shall the Schedule be extended in a Change Order to correct errors or omissions in the Response. Deficiency corrections shall be provided to WSP at no additional cost and without the need for additional Change Orders. Disagreement. If federal or state laws, rules, regulations, policies, Standards or guidelines are adopted, promulgated, judicially interpreted or changed, the effect of which is to alter the ability of either party to fulfill its obligations under this Contract, the parties will promptly negotiate in good faith appropriate modifications or alterations to the Contract and any appropriate Change Orders. If WSP submits to Contractor a Change Request to comply with such laws, rules, regulations, policies or guidelines and if the parties are unable to reach an agreement in writing within 15 days of Contractor’s response to such a Change Request, the WSP Project Manager may make a determination of the revised price and Schedule, and Contractor shall proceed with the work according to such price and Schedule which shall be included in the resulting Change Order, subject to Contractor’s right to appeal the WSP Project Manager’s determination of the price and/or Schedule to the dispute resolution process under Section 14. .. If Contractor appeals the WSP Project Manager's determination of the price and/or Project Schedule to the dispute resolution process under Xxxxxxx 000Section 14.4, XXX WSP shall pay for such work up to the price determined by the WSP Project Manager until all amounts in such price are expended, after which Contractor shall continue performing such work until completion of the dispute resolution process related to this Change Order. Nothing in this Section 15.55 shall in any manner excuse Contractor from proceeding diligently with the Contract as changed by the Change Order.
Appears in 1 contract
Samples: Software Escrow Agreement