Change in Services. If Customer wishes to change the scope of the Services, it shall submit details of the requested change to Company in writing. Changes may incur additional fees included, but not lim- ited to, engineering time fees, change of equipment fees, and administrative fees.
Change in Services. If Customer wishes to change the scope of the Services, it shall submit details of the requested change to Company in writing. Changes may incur additional fees included, but not limited to, engineering time fees, change of equipment fees, and administrative fees. CANCELLATION POLICY. All paid fees are non-refundable and all orders are non-cancelable. USED GOODS. Should the Agreement include the purchase of used machinery, parts or other equipment, said used equipment are sold “AS IS” and “with all faults”. Company makes no warranty related to the title of these goods.
Change in Services. If Customer wishes to change the scope of the Services, it shall submit details of the requested change to Hawthorne in writing. Hawthorne may from time to time change the Services without the consent of Customer provided that such changes do not materially affect the nature or scope of the Services, the fees, or any performance dates set forth in the Agreement.
Change in Services. If Client desires changes to the SOW, Client shall submit to Company a written request in accordance with the change order process defined in the applicable SOW. The parties may execute additional Statements of Work describing Services, which will become part of this Agreement upon execution by Company and the Client. If additional SOW are executed, then Client shall pay Company for all services performed prior to the additional SOW before Company begins work on the new SOW.
Change in Services. Change in services of the Architect/Engineer, including services required of the Architect/Engineer’s consultants, may be accomplished after execution of this Agreement without invalidating the Agreement. A change in the project scope or program is not prima facie evidence that the Architect/Engineer shall be due additional fees nor does such a change necessarily indicate a change in services. The parties shall negotiate and enumerate changes in services by signed, written addendum to this Agreement except for Supplemental Services agreed to by the Owner. A supplemental service agreed to by the Owner may be billed directly as part of the Architect/Engineer’s pay requests without addendum. Such supplemental services do not invalidate any portion of this Agreement. The Architect/Engineer shall promptly notify the Owner prior to providing any services it considers to be a change from those enumerated in this Agreement. If the Owner deems that all or a part of such services are not required, the Owner shall give prompt notice to the Architect/Engineer, and the Architect/Engineer shall have no obligation to provide those services. If the Owner deems that all or a part of such services are required, the Owner shall give prompt notice to the Architect/Engineer, and the two parties shall negotiate an appropriate change in services addendum to this agreement. The Owner may determine that all or part of such services are required but is not obligated to agree that such services are a change in the services of the Architect/Engineer. All such instances shall be subject to the “Dispute Resolution” article of this Agreement. The Architect/Engineer shall continue faithful performance of services, including matters in dispute. None of the following circumstances are prima facie evidence that the Architect/Engineer is experiencing a change in services for the Project, due adjustment to the schedule, or due additional compensation: change in the instructions or approvals given by the Owner that necessitate revisions in Initial Information document, Project Program, Project Budget, Project Schedule, design, or Contract Documents unless such changes are extensive, significantly alter the basic concepts of the Project, or are done so before completion of Design Development (or Preliminary Design); enactment or revision of codes, laws or regulations or official interpretations which necessitate changes to previously prepared Contract Documents as the Architect/Engineer is char...
Change in Services. Any material change in the manner in which the Services are provided (a “Material Change in Service”), including any change in the employees or third parties providing such Services, shall require Buyer’s prior written consent, which consent shall not be unreasonably withheld, delayed or conditioned. To the fullest extent practicable, Buyer shall receive a written request for consent from ResCap at least five business days prior to any proposed Material Change in Service, together with reasonable documentation describing the material terms of such proposed Material Change in Service. Notwithstanding the foregoing, Buyer acknowledges that certain Material Changes in Service may be outside of ResCap’s control (“Involuntary Changes”), including the resignation of any employee or the termination by any third party service provider of its provision of services to ResCap, and that any Involuntary Change shall not require Buyer’s prior written consent; provided, that (i) ResCap shall confer with Buyer in determining the appropriate course of conduct in addressing any Involuntary Changes and (ii) ResCap shall obtain Buyer’s written consent (not to be unreasonably withheld, delayed or conditioned) prior to taking any action in response to such Involuntary Change that, if taken, would constitute a Material Change in Service.
Change in Services. 10.2.1 Change in Services of the Design Professional, including those of the Design Professional's Subconsultants, may be accomplished after execution of, and without invalidating this Agreement, either at the written request of the Owner, or if the changes are required by any circumstances beyond the Design Professional's control, as stated in §5.
1. If the Design Professional believes that such circumstances beyond its control exist, the Design Professional shall promptly notify the Owner in writing, stating the reasons for such belief and stating, insofar as can then be determined or estimated, the amount of any adjustment to the Design Professional's compensation or time for performance or both which may be required. The Owner shall promptly respond in writing to the Design Professional's notice, either authorizing the Change in Services in its entirety, or stating that all or a part of such Change is not authorized. Except in an emergency which significantly threatens life safety, property damage or delay to the Project, the Design Professional shall have no obligation to provide, and shall not be entitled to any additional compensation for, any services which the Owner states are not authorized. Except for changes due to errors, omissions or inconsistencies in the Contract Documents or other fault of the Design Professional, an authorized Change in Services of the Design Professional shall entitle the Design Professional to an adjustment in compensation pursuant to Article 6.
10.2.2 If the Design Professional's services are materially changed as a result of any of the following circumstances, the compensation or time for performance or both for rendering the Design Professional's services under this Agreement shall be adjusted in accordance with the provisions of §10.2.1:
10.2.2.1 Making revisions in Drawings, Specifications or other documents when such revisions are:
a. inconsistent with written approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or budget for the Cost of the Work;
b. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or
c. due to changes required as a result of the Owner's failure to render decisions within a reasonable time after receipt of written notice from the Design Professional.
10.2.2.2 Providing consultation concerning replacement of Work damaged by fire or other cause during const...
Change in Services. In the event that the Managed Entity determines during a Fiscal Year, following the approval of an Approved Annual Budget, that it requires any change in the Services it receives, the Managed Entity shall provide notice to Manager and the costs of such change shall be (i) determined in the same manner and on the same basis as in the Approved Annual Budget, and (ii) allocated to, and paid by, the Managed Entity, unless otherwise agreed by the Parties. The quantity and level of Services provided at the end of a Fiscal Year shall form the basis of the quantity and level of Services to be included in the Annual Budget for the following Fiscal Year, unless otherwise agreed by the Parties. Manager cannot change the quantity or level of Services provided to the Managed Entity without the prior written consent of the Managed Entity.
Change in Services. The Providers may from time to time supplement, modify, substitute or otherwise alter the Services provided by such Provider, provided that such supplement, modification, substitution or alteration does not adversely affect the quality or availability of Services or increase the cost of using such Services, in each case, in a material respect. Notwithstanding the foregoing, a Provider will have the right to (i) temporarily interrupt the provision of Services for emergency or routine maintenance purposes and/or (ii) temporarily shut down the operation of the systems of the Provider providing the Services if, in each case, it is the commercially reasonable judgment of the Provider that such action is reasonably required or customary for its business, the Provider uses commercially reasonable efforts to arrange for the provision of such Services impacted by such temporary interruption and/or shutdown where reasonably practicable and at no material additional cost and expense to Recipient, and, where reasonably practicable, subject to reasonable written notice (under the circumstances) and reasonable consultation with Recipient with respect thereto. In performing any maintenance contemplated by this Section 2.06, the Provider shall use commercially reasonable efforts to minimize the impact of such maintenance on the Services and the Recipient’s Business.
Change in Services. Customer or Supplier may propose changes to the Services. Any proposed changes will be provided to the other party in writing. Supplier will evaluate proposed changes and will advise Customer of any changes to price, schedule, or other terms associated with such change. Changes shall be effective only upon written agreement signed by an authorized representative of each party. Any agreed dates or timeframes for delivery of Services shall be extended by the period of any delay in commencement of Services or inability to provide Services that is not the fault of Supplier. Supplier shall be entitled to reimbursement of its reasonable costs incurred as a result of any such delay or inability caused by the acts or omissions of Customer.
