CHANGE IN WORK. A “Change In Work” shall result from one of the following:
(a) changes in the Work required by Owner as further described in Section 15.2;
(b) the addition to, modification of, or deletion from the Work (performed or yet to be performed) during the performance of the Work, in all cases, if mutually agreed to by the Parties in writing;
(c) the occurrence of a Force Majeure Event (as and only to the extent permitted by Section 8.4.1); or
(d) an Owner-Caused Delay.
CHANGE IN WORK. 4.1 If WSDOT determines that additional Work or a change in the Work is required, prior written approval must be secured from the UTILITY; however, where the change is required to mitigate a Project emergency or safety threat to the traveling public, WSDOT will direct the change without the UTILITY’s prior approval. WSDOT will notify the UTILITY of such change as soon as possible thereafter. The UTILITY agrees to respond to all WSDOT change order requests in writing and within five (5) working days.
4.2 WSDOT will make available to the UTILITY all change order documentation related to the Work.
CHANGE IN WORK. Supplier shall make no changes in the work covered by this Agreement without written direction from the Contractor. Supplier shall not be compensated for any change, which is made without such written direction. No changes in the work covered by this Agreement shall exonerate any surety or any bond given in connection with this Agreement.
CHANGE IN WORK. The Company agrees to hold prices firm through the entire term of the agreement, the only variable would be a fuel surcharge should the price of gasoline exceed $5.25 per gallon, a total increase not to exceed 2% of total contract price.
CHANGE IN WORK. If Owner desires a change in the Work or Design-Builder believes that a change is necessary, (a “Change”), the parties shall adhere to the following procedure:
a. The party initiating the Change shall provide written notice to the other which notice shall contain a description of the Change (the “Change Notice”);
b. Prior to executing the Change, the Design-Builder shall provide Owner with an estimate of the cost and time impact of the requested Change;
c. Owner and Design-Builder shall execute a "Change Order” form, in the same form as attached as Exhibit E, as written confirmation of their agreement to the Change, the additional costs, and the time extension. If the Change cannot be performed on a fixed-price basis, the Design- Builder shall identify the agreed method of compensation in the Change Order. The Design- Builder’s Fee shall be added to any additional costs associated with change orders.
CHANGE IN WORK. 15.1 Without invalidating the Agreement, OWNER may, at any time or from time to time, order additions, deletions or revisions in the work; these will be authorized by the OWNER. Upon receipt of a change, OPERATOR shall proceed with the work involved. All such work shall be executed under the applicable conditions of the Agreement.
CHANGE IN WORK. 4.1 OWNER shall have the right to request in writing changes in WORK within the scope of CONTRACT. When the request for a change by OWNER has been agreed and complied with by CONTRACTOR, then CONTRACTOR'S obligations under CONTRACT shall remain unaffected unless otherwise agreed.
4.2 For each request for a change in WORK, CONTRACTOR shall promptly inform OWNER in writing whether this request will fall within the provision of the CONTRACT. If this request does not fall under the provision of the CONTRACT and CONTRACTOR has to incur additional expenses, then CONTRACTOR shall promptly submit a cost estimates, and terms of payment for making the requested change together with the details of any variation required to be m ade to any of CONTRACTOR'S or OWNER'S obligations and/or guarantees.
CHANGE IN WORK. A Change In Work may result only from any of the following:
(a) Changes in the Work required by Owner in writing in accordance with Section 17.2;
(b) The occurrence of an Excusable Event (as and only to the extent permitted under the definition of Owner Caused Delay or by Section 9.6.2, as applicable);
(c) The occurrence of a Force Majeure Event (as and only to the extent permitted by Section 9.6.1);
(d) An Owner Directive (as and only to the extent permitted by Section 17.5);
(e) Suspension (as and only to the extent permitted by Article 22);
(f) A delay in receipt of insurance proceeds (as and only to the extent permitted by Section 24.1); or
(g) A Contractor proposal which does not derive from any Contractor non performance hereunder, which may be adopted by Owner under Section 17.2 or rejected on a voluntary basis in Owner’s sole discretion.
CHANGE IN WORK. A Change In Work may result only from any of the following:
(a) Changes in the Work required by Owner in writing;
(b) the addition to, modification of or deletion from the Work (performed or yet to be performed) or the Project during the performance of the Work;
(c) the occurrence of an Excusable Event (as and only to the extent permitted by Section 8.6.2);
(d) the occurrence of an event of Force Majeure (as and only to the extent permitted by Section 8.6.1);
(e) Owner’s request to accelerate the Work;
(f) an Owner Directive, in accordance with Section 16.7;
(g) in the event Contractor fails to achieve the Substantial Completion Guaranteed Date for a Unit due to a delay solely attributable to failure of the pressure induction welds in Unit 1 or the pressure induction welds in the economizer for the Unit 2 boiler;
(h) in the event Rxxxxxx and Sxxxxxx is selected as the Subcontractor for supply of the materials handling system, and fails to complete its scope of work under its subcontract due to its insolvency or bankruptcy, and Contractor fails to achieve the Substantial Completion Guaranteed Date for a Unit due to a delay solely attributable to such Subcontractor’s failure to complete its scope of work;
(i) the determination by the Executive Labor Committee that the Craft Labor Compensation must be increased in order for Contractor to attract or retain sufficient qualified craft labor personnel to perform the on-Site Work as necessary for Contractor to maintain the Project Schedule;
(j) Owner requested delay in the Work or actions by third parties providing services to the Project at the Site but that are outside the scope of the Work and that impact Contractor’s performance of the Work; or
(k) Events entitling Contractor to a change in the Work, Separated Target Price, Separated Contract Price or the Substantial Completion Guaranteed Dates as set forth in Sections 2.7.1, 3.5.7, 5.3.1, 9.2, 16.7, 21.1.2, 21.1.15, 22.1.2, 33.9.1, and Exhibit DD. Contractor and Owner acknowledge and agree that as of the date hereof Contractor is negotiating amendments and modifications to the STG Upgrade Contract with the STG Upgrade Supplier. Notwithstanding anything to the contrary herein, Contractor acknowledges and agrees that Contractor shall not be entitled to a Change In Work with respect to any such amendment or modification to the STG Upgrade Contract; provided that Contractor may be entitled to a Change in Work to the extent such amendment or modification is made i...
CHANGE IN WORK. A Change in Work may result only from one of the following:
(a) A change in Work required by Owner in writing, including an acceleration of Work, in accordance with Section 17.2;
(b) A change in Work relating to changes in the requirements of Owner Acquired Permits as provided in Section 4.17;
(c) A change in Work as provided in Section 12.1 (uncovering non-defective work);
(d) A Change in Law;
(e) An Owner Caused Delay;
(f) A change in Work related to materially different subsurface conditions as provided in Section 4.9;
(g) A change in Work arising out of Owner Hazardous Materials;
(h) An event of Force Majeure;
(i) Suspension of Work by Owner; or
(j) An event entitling Contractor the ability to request a Change in Work as otherwise provided for in this Contract.
