Common use of Buyer-Directed Change Orders Clause in Contracts

Buyer-Directed Change Orders. (a) Buyer shall have the authority to make discretionary changes to the scope of Work pursuant to a Change Order (each a “Buyer Discretionary Change”), subject to agreement on any equitable changes to, as applicable, the Guaranteed Substantial Completion Date or the Purchase Price (including any modifications to the Substantial Completion Payment Amount) resulting exclusively from such Buyer Discretionary Change; provided, however, that (i) the aggregate value of all new Work subject to such Change Orders for Buyer Discretionary Changes made by Buyer shall not exceed the greater of (A) Five Million Dollars ($5,000,000) and (B) seven and one-half percent (7.5%) of the Purchase Price (unless the Buyer Discretionary Change(s) are in connection with Remedying damage or loss to the Project or Project Assets after the Closing for which Buyer is responsible under this Agreement and which, after taking into account Section 13.4(a) (including clause (A)), requires a Buyer Discretionary Change, in which case the foregoing limitation shall not apply), and (ii) any dispute over any equitable change to, as applicable, the Guaranteed Substantial Completion Date or the Purchase Price (including any modifications to the Substantial Completion Payment Amount) due to a Buyer Discretionary Change shall be treated as provided in Section 8.2(d) and Section 8.6.

Buyer-Directed Change Orders. (a) Buyer shall have the authority to make discretionary changes to the scope of Work pursuant to a Change Order (each a “Buyer Discretionary Change”), subject to agreement on any equitable changes to, as applicable, the Guaranteed Substantial Completion Date or the Purchase Price (including any modifications to the Substantial Completion Payment Amount) resulting exclusively from such Buyer Discretionary Change; provided, however, that (i) the aggregate value of all new Work subject to such Change Orders for Buyer Discretionary Changes made by Buyer shall not exceed the greater of (A) Five Million Dollars ($5,000,000) and (B) seven and one-half percent (7.5%) of the Purchase Price (unless the Buyer Discretionary Change(s) are in connection with Remedying damage or loss to the Project or Project Assets after the Closing for which Buyer is responsible under this Agreement and which, after taking into account the second proviso to Section 13.4(a) (including clause (A)), requires a Buyer Discretionary Change, in which case the foregoing limitation shall not apply), and (ii) any dispute over any equitable change to, as applicable, the Guaranteed Substantial Completion Date or the Purchase Price (including any modifications to the Substantial Completion Payment Amount) due to a Buyer Discretionary Change shall be treated as provided in Section 8.2(d) and Section 8.6.

Buyer-Directed Change Orders. (a) Buyer shall have the authority to make discretionary changes to the scope of Work pursuant to a Change Order (each a “Buyer Discretionary Change”), subject to agreement on any equitable changes to, as applicable, the Guaranteed Substantial Completion Date or the Purchase Price (including any modifications to the Substantial Completion Payment Amount) resulting exclusively from such Buyer Discretionary Change; provided, however, that (i) the aggregate value of all new Work subject to such Change Orders for Buyer Discretionary Changes made by Buyer shall not exceed the greater of (A) Five Million Dollars ($5,000,000) and (B) seven and one-half percent (7.5%) of the Purchase Price (unless the Buyer Discretionary Change(s) are in connection with Remedying damage a casualty or loss to the Project or Project Assets similar event occurring after the Closing for which Buyer is responsible under this Agreement and which, after taking into account Section 13.4(a) (including clause (A)), requires a Buyer Discretionary ChangeClosing, in which case the foregoing limitation shall not apply), and (ii) any dispute over any equitable change to, as applicable, the Guaranteed Substantial Completion Date or the Purchase Price (including any modifications to the Substantial Completion Payment Amount) due to a Buyer Discretionary Change shall be treated as provided in Section 8.2(d) and Section 8.6.