Common use of Change Order Confirmation Clause in Contracts

Change Order Confirmation. (a) As soon as practicable, and in any event not more than 10 Business Days (unless an extension is agreed to by the Contractor, acting reasonably) after the date the Estimate, and, if applicable, an adjustment to the Contractor’s Construction Schedule or the M&R Payments in Schedule 14 (Payment Schedule), were agreed to, the Province shall either: (i) issue a Change Order Confirmation; or (ii) withdraw the Change Order Enquiry by written notice to the Contractor. (b) If the Province does not issue a Change Order Confirmation within 10 Business Days (or such extended period as may have been agreed to) after the date the Estimate and, if applicable, an adjustment to the Contractor’s Construction Schedule or the M&R Payments in Schedule 14 (Payment Schedule), were agreed to, then the Change Order Enquiry shall be deemed to have been withdrawn. (c) If the Province has required the Contractor to seek and evaluate invitational tenders or to seek and evaluate competitive tenders in relation to the Change Order and the Province either withdraws or is deemed to have withdrawn the Change Order Enquiry, the actual costs necessarily and properly incurred by the Contractor directly attributable to the invitational or competitive tendering process, including Design Cost if any, as the parties acting reasonably mutually agree, will be invoiced by the Contractor in a form satisfactory to the Province and will be paid by the Province. (d) Upon the Change Order Confirmation being issued: (i) the parties shall as soon as practicable thereafter do all acts and execute all documents necessary to implement the Change Order, including provision for payment to the Contractor in the amount set out in the Estimate, and, if applicable, implementation of an adjustment to the Contractor’s Construction Schedule or the M&R Payments in Schedule 14 (Payment Schedule), provided that if the Change Order relates to damage to a School caused by the occurrence of Graffiti as defined in section 5.12.5 of Schedule 18 (Technical Requirements), or resulting from Graffiti removal or the breaking of interior or exterior glazing other than due to weather events then, notwithstanding the amount set out in the Estimate, the Province will pay only up to the amount of the deductible set out in section 3.1(g) of Schedule 11(Insurance Requirements) for the Change Order; and (ii) the Contractor shall as soon as practicable thereafter implement the Change Order as provided for in the Change Order Confirmation.

Change Order Confirmation. (a) As soon as practicable, and in any event not more than 10 Business Days (unless an extension is agreed to by the Contractor, acting reasonably) after the date the Estimate, and, if applicable, an adjustment to the Contractor’s Construction Schedule or the M&R Payments in Schedule 14 (Payment Schedule), were agreed to, the Province shall either: (i) issue a Change Order Confirmation; or (ii) withdraw the Change Order Enquiry by written notice to the Contractor. (b) If the Province does not issue a Change Order Confirmation within 10 Business Days (or such extended period as may have been agreed to) after the date the Estimate and, if applicable, an adjustment to the Contractor’s Construction Schedule or the M&R Payments in Schedule 14 (Payment Schedule), were agreed to, then the Change Order Enquiry shall be deemed to have been withdrawn. (c) If the Province has required the Contractor to seek and evaluate invitational tenders or to seek and evaluate competitive tenders in relation to the Change Order and the Province either withdraws or is deemed to have withdrawn the Change Order Enquiry, the actual costs necessarily and properly incurred by the Contractor directly attributable to the invitational or competitive tendering process, including Design Cost if any, as the parties acting reasonably mutually agree, will be invoiced by the Contractor in a form satisfactory to the Province and will be paid by the Province. (d) Upon the Change Order Confirmation being issued: (i) the parties shall as soon as practicable thereafter do all acts and execute all documents necessary to implement the Change Order, including provision for payment to the Contractor in the amount set out in the Estimate, and, if applicable, implementation of an adjustment to the Contractor’s Construction Schedule or the M&R Payments in Schedule 14 (Payment Schedule), provided that if the Change Order relates to damage to a School caused by the occurrence of Graffiti as defined in section 5.12.5 of Schedule 18 (Technical Requirements), or resulting from Graffiti removal or the breaking of interior or exterior glazing other than due to weather events then, notwithstanding the amount set out in the Estimate, the Province will pay the Contractor only up to the lesser amount of the Property Damage Amount and the actual deductible set out in applicable to the claim under the insurance coverage carried pursuant to section 3.1(g) of Schedule 11(Insurance 11 (Insurance Requirements) ), for the Change Order; and (ii) the Contractor shall as soon as practicable thereafter implement the Change Order as provided for in the Change Order Confirmation.

Change Order Confirmation. (a) As soon as practicable, and in any event not more than 10 Business Days (unless an extension is agreed to by the Contractor, acting reasonably) after the date the Estimate, and, if applicable, an adjustment to the Contractor’s Construction Schedule or the M&R O&M Payments in Schedule 14 (Payment Schedule), were agreed to, the Province shall either: (i) issue a Change Order Confirmation; or (ii) withdraw the Change Order Enquiry by written notice to the Contractor. (b) If the Province does not issue a Change Order Confirmation within 10 Business Days (or such extended period as may have been agreed to) after the date the Estimate and, if applicable, an adjustment to the Contractor’s Construction Schedule or the M&R O&M Payments in Schedule 14 (Payment Schedule), were agreed to, then the Change Order Enquiry shall be deemed to have been withdrawn. (c) If the Province has required the Contractor to seek and evaluate invitational tenders or to seek and evaluate competitive tenders in relation to the Change Order and the Province either withdraws or is deemed to have withdrawn the Change Order Enquiry, the actual costs necessarily and properly incurred by the Contractor directly attributable to the invitational or competitive tendering process, including Design Cost if any, as the parties acting reasonably mutually agree, will be invoiced by the Contractor in a form satisfactory to the Province and will be paid by the Province. (d) Upon the Change Order Confirmation being issued: (i) the parties shall as soon as practicable thereafter do all acts and execute all documents necessary to implement the Change Order, including provision for payment to the Contractor in the amount set out in the Estimate, and, if applicable, implementation of an adjustment to the Contractor’s Construction Schedule or the M&R O&M Payments in Schedule 14 (Payment Schedule), provided that if the Change Order relates to damage to a School caused by the occurrence of Graffiti as defined in section 5.12.5 of Schedule 18 (Technical Requirements), or resulting from Graffiti removal or the breaking of interior or exterior glazing other than due to weather events then, notwithstanding the amount set out in the Estimate, the Province will pay only up to the amount of the deductible set out in section 3.1(g) of Schedule 11(Insurance Requirements) for the Change Order; and (ii) the Contractor shall as soon as practicable thereafter implement the Change Order as provided for in the Change Order Confirmation.

Change Order Confirmation. (a) As soon as practicable, and in any event not more than 10 Business Days (unless an extension is agreed to by the ContractorProject Co, acting reasonably) after the date the EstimateEstimate was agreed to, and, if applicable, an adjustment to the ContractorProject Co’s Construction Schedule or the M&R Payments in Schedule 14 (Payment Schedule)any payments due to Project Co hereunder, were agreed to, the Province City shall either: (i) issue a Change Order Confirmation; or (ii) withdraw the Change Order Enquiry by written notice to the Contractor.Project Co. (b) If the Province City does not issue a Change Order Confirmation within 10 Business Days (or such extended period as may have been agreed to) after the date the Estimate and, if applicable, an adjustment to the ContractorProject Co’s Construction Schedule or the M&R Payments in Schedule 14 (Payment Schedule)any payments due to Project Co hereunder, were agreed to, then the Change Order Enquiry shall be deemed to have been withdrawn. (c) If the Province City has required the Contractor Project Co to seek and evaluate invitational tenders or to seek and evaluate competitive tenders in relation to the Change Order and the Province City either withdraws or is deemed to have withdrawn the Change Order Enquiry, the actual costs necessarily and properly incurred by the Contractor Project Co directly attributable to the invitational or competitive tendering process, including any Design Cost if anyCost, as the parties acting reasonably mutually agree, will be invoiced by the Contractor Project Co in a form satisfactory to the Province City and will be paid by the ProvinceCity. (d) Upon the Change Order Confirmation being issued: (i) the parties shall shall, as soon as practicable thereafter practicable, do all acts and execute all documents necessary to implement the Change Order, including provision for payment to the Contractor Project Co in the amount set out in the Estimate, and, if applicable, implementation of an adjustment to the ContractorProject Co’s Construction Schedule or the M&R Payments in Schedule 14 (Payment Schedule), provided that if the Change Order relates to damage to a School caused by the occurrence of Graffiti as defined in section 5.12.5 of Schedule 18 (Technical Requirements), or resulting from Graffiti removal or the breaking of interior or exterior glazing other than any payments due to weather events then, notwithstanding the amount set out in the Estimate, the Province will pay only up to the amount of the deductible set out in section 3.1(g) of Schedule 11(Insurance Requirements) for the Change OrderProject Co hereunder; and (ii) the Contractor Project Co shall as soon as practicable thereafter implement the Change Order as provided for in the Change Order Confirmation. (e) If a Change Order Confirmation requires an amendment to Appendix A to Schedule 14 (Payment Schedule), such amendment shall take account of the applicable Index Factor.