Common use of Change Order Procedure Clause in Contracts

Change Order Procedure. All changes to the Design Specifications or to any Delivery Order must be requested in writing and require mutual agreement, in accordance with the procedure set forth in Schedule 2 attached hereto and incorporated herein by reference. If the parties are unable to agree after implementing this procedure acting reasonably and in good faith, the provisions of Clauses 2.3, 2.5 and 2.6 shall be applied as if ETRX has refused to undertake or make an offer in respect of the required work. Evaluation and/or implementation of requested changes may or may not result in any modification to the Development Fee (as defined in Clause 8.1), Implementation Schedule or other terms of this Agreement. ETRX assumes the risk of any work performed or action taken by ETRX based upon oral statements, or on documents or notations, not in accordance with the Design Specifications, this Clause 4.3, any Delivery Order and Schedule 2.