Change Order Due to Non-Performance by Buyer. If Buyer fails to perform or is late in performing in any material way any material obligation of Buyer under this Agreement and the cost to Seller is in excess of $25,000 or a delay of more than 3 days. Neither party shall game or otherwise manipulate the foregoing process, by aggregating or disaggregating cost and/or circumstances as the case may be (or otherwise), for the purpose of recovering or avoiding additional cost or time in accordance with the foregoing. Seller shall in all cases use or have used commercially reasonable efforts to mitigate potential delays to the Project Schedule and/or potential increases to the Purchase Price (the cost of such mitigation efforts to be addressed in any applicable Change Order).
Appears in 5 contracts
Samples: Asset Purchase Agreement, Asset Purchase and Sale Agreement, Asset Purchase and Sale Agreement
