Buyer Designated Changes. Buyer may at any time require Seller to implement changes to the designs, drawings, specifications, processing, inspection, testing, quality control, methods of packing and shipping, the date or place of delivery, quantity of Goods or the scope or duration of any services or work covered by this Contract. Buyer will endeavor to discuss any such changes with Seller as early as practical, and Seller will promptly implement such changes. Seller must provide Buyer with written notice of any impact on the price or time for performance within ten (10) days following the change notice. Buyer and Seller will equitably determine any adjustment in price or delivery schedules resulting from such changes, including Buyer’s payment of reasonable costs of modifications to the Production Equipment (as defined in Section 17) necessary to implement such changes. If Seller fails to timely notify Buyer that such change will result in a difference in price or time of performance, Xxxxx’s changes will not affect the price or time for performance. In order to assist in determining any equitable adjustment in price or delivery schedules, Seller will, as requested, provide information to Buyer, including documentation of changes in Seller’s cost of production and the time to implement such changes. In the event of any disagreement arising out of such changes, Xxxxx and Seller will work to resolve the disagreement in good faith and Seller will continue performing under this Contract, including the manufacture and delivery of Goods and prompt implementation of changes required by Buyer. Notwithstanding anything to the contrary contained in this Contract, Seller acknowledges that Seller will not be entitled to any adjustment in price or delivery schedules or any other compensation in connection with inspection, testing, quality control or any other changes implemented as a result of Seller’s delivery of non-conforming Goods.
