Common use of Calculation of Direct Costs Clause in Contracts

Calculation of Direct Costs. Except to the extent otherwise agreed by the Parties in a Change Order and subject to Section 13.4, the adjustment to the Purchase Price (including to the Substantial Completion Payment Amount, if applicable) to which Seller shall be entitled according to Section 8.2 or Section 8.4 for any actual and substantiated net increase (or decrease) in the Direct Costs of Seller to perform the Work resulting exclusively from a Buyer Discretionary Change or Buyer-Caused Delay, respectively, shall be calculated as follows: (a) for Direct Cost items included on Exhibit R, an amount derived by applying the rates set forth on Exhibit R to the total number of incremental or decremental hours or units resulting exclusively from such Buyer Discretionary Change or Buyer-Caused Delay; and (b) for Direct Cost items not included on Exhibit R, the Direct Cost to Seller resulting exclusively from such Buyer Discretionary Change or Buyer-Caused Delay plus ten percent (10%).

Calculation of Direct Costs. Except to the extent otherwise agreed by the Parties in a Change Order and subject to Section 13.4, the adjustment to the Purchase Price (including to the Substantial Completion Payment Amount, if applicable) to which Seller shall be entitled according to Section 8.2 or Section 8.4 for any actual and substantiated net increase (or decrease) in the Direct Costs of Seller to perform the Work resulting exclusively from a Buyer Discretionary Change or Buyer-Buyer Caused Delay, respectively, shall be calculated as follows: (a) for Direct Cost items included on Exhibit R, an amount derived by applying the rates set forth on Exhibit R to the total number of incremental or decremental hours or units resulting exclusively from such Buyer Discretionary Change or Buyer-Buyer Caused Delay; and (b) for Direct Cost items not included on Exhibit R, the Direct Cost to Seller resulting exclusively from such Buyer Discretionary Change or Buyer-Buyer Caused Delay plus ten percent (10%).

Calculation of Direct Costs. Except to the extent otherwise agreed by the Parties in a Change Order and subject to Section 13.4, the adjustment to the Purchase Price (including to the Substantial Completion Payment Amount, if applicable) to which Seller shall be entitled according to Section 8.2 or Section 8.4 for any actual and substantiated net increase (or or‌‌ decrease) in the Direct Costs of Seller to perform the Work resulting exclusively from a Buyer Discretionary Change or Buyer-Caused Delay, respectively, shall be calculated as follows: (a) for Direct Cost items included on Exhibit R, an amount derived by applying the rates set forth on Exhibit R to the total number of incremental or decremental hours or units resulting exclusively from such Buyer Discretionary Change or Buyer-Caused Delay; and (b) for Direct Cost items not included on Exhibit R, the Direct Cost to Seller resulting exclusively from such Buyer Discretionary Change or Buyer-Caused Delay plus ten percent (10%).