Common use of Change Order Pricing Clause in Contracts

Change Order Pricing. (i) Modifications or adjustments of TxDOT’s compensation under this Tolling Services Agreement as a consequence of a Change Order or Change Directive shall be based upon the increase or decrease in (A) where applicable, TxDOT’s marginal costs directly attributable to the change and a reasonable rate of return commensurate with the risks undertaken by TxDOT under the terms of this Tolling Services Agreement respecting the affected services and under the method of pricing such services, and (B) where marginal costs are not applicable because the change requires additional or supplemental services beyond those TxDOT is already providing generally for itself, its road system, its customers, Developer and other developers, or because the change reduces services originally priced other than on a marginal cost basis, then TxDOT’s reasonable costs directly attributable to the change and a reasonable rate of return commensurate with the foregoing risks.