Common use of Change Order Process Clause in Contracts

Change Order Process. In addition to circumstances set forth herein where the Parties are entitled to a Change Order, either Party may request changes in the obligations of the Parties under this Agreement within the scope of this Agreement consisting of additions, deletions, or other revisions to such obligations. If either Buyer or Supplier wishes to change such obligations, it shall submit a change request to the other Party in writing. If the requested change relates to a change to the Equipment supply obligations or results from a condition in which Supplier is entitled to a Change Order under this Agreement, then, within fifteen (15) Business Days following receipt or delivery, as applicable, of the requested change, Supplier shall submit a proposal to Buyer stating (i) the increase or decrease, if any, in the purchase price and changes to the Delivery schedule and/or the Guaranteed Delivery Date, if any, that would result from such change (collectively, the “Change Order Information”). If the proposed change relates to any other matter, the requesting Party, at the time the request for the change is made, shall provide the proposed Change Order Information. Within five (5) Business Days following receipt of the Change Order Information, the Parties shall meet and, acting reasonably, negotiate in good faith a mutually acceptable Change Order in accordance with the principles set forth herein. Following agreement on the terms and conditions of the Change Order, the Parties shall execute the same. If the Parties do not agree upon the terms and conditions of the Change Order, and the proposed change relates to circumstances in which a Party is entitled to a Change Order under this Agreement, then either Party may submit the matter to dispute resolution pursuant to Article 24.

Appears in 3 contracts

Samples: Equipment and Services Purchase Agreement (Fluence Energy, Inc.), Core Frame Purchase Agreement (Fluence Energy, Inc.), Frame Purchase Agreement (Fluence Energy, Inc.)

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Change Order Process. In addition to circumstances set forth herein where the Parties are entitled to a Change Order, either Party Buyer or Supplier may request changes in the obligations of the Parties under this Agreement Equipment Supply Obligations within the scope of this Agreement consisting of additions, deletions, or other revisions to such obligationsthe Equipment Supply Obligations; provided, however, that Buyer shall not be entitled to change the number or the type of Wind Turbines or Towers. If either Buyer or Supplier wishes to change such obligationsthe Equipment Supply Obligations, it shall submit a change request to the other Party in writing. If the requested change relates to a change to the Equipment supply obligations Supply Obligations or results from a condition in which Supplier is entitled to a Change Order under this Agreement, then, then within fifteen ten (1510) Business Days following receipt or delivery, as applicable, of the requested change, Supplier the requesting Party shall submit a detailed proposal to Buyer the other Party stating (i) the increase or decrease, if any, in the purchase price Contract Price and changes to the Delivery schedule and/or the Guaranteed Delivery Date, if any, Payment Schedule that would result from such change, and (ii) the effect, if any, upon the Project Schedule and/or Guaranteed Delivery Dates by reason of such proposed change (collectively, the “Change Order Information”). If the proposed change relates to any other matter, the requesting Party, at the time the request for the change is made, shall provide the proposed Change Order Information. Within five (5) Business Days following receipt of the Change Order Information, the Parties shall meet and, acting reasonably, negotiate in good faith a mutually acceptable Change Order in accordance with the principles set forth herein. Following agreement on the terms and conditions of the Change Order, the Parties shall execute the same. If the Parties do not agree upon the terms and conditions of the Change Order, and the proposed change relates to circumstances in which a Party is entitled to a Change Order under this Agreement, then either Party may submit the matter to dispute resolution arbitration pursuant to Article 24.

Appears in 2 contracts

Samples: Turbine Supply Agreement, Turbine Supply Agreement (Madison Gas & Electric Co)

Change Order Process. In addition to circumstances set forth herein where the Parties are entitled to a Change Order, either Party may request changes in the obligations of the Parties under this Agreement within the scope of this Agreement consisting of additions, deletions, or other revisions to such obligations. If either Buyer or Supplier wishes to change such obligations, it shall submit a change request to the other Party in writing. If the requested change relates to a change to the Equipment supply obligations or results from a condition in which Supplier is entitled to a Change Order under this Agreement, then, within fifteen (15) Business Days following receipt or delivery, as applicable, of the requested change, Supplier shall submit a proposal to Buyer stating (i) the increase or decrease, if any, in the purchase price and changes to the Delivery schedule and/or the Guaranteed Delivery Date, if any, that would result from such change (collectively, the “Change Order Information”). If the proposed change relates to any other matter, the requesting Party, at the time the request for the change is made, shall provide the proposed Change Order Information. Within five (5) Business Days following receipt of the Change Order Information, the Parties shall meet and, acting reasonably, negotiate in good faith a mutually acceptable Change Order in accordance with the principles set forth herein. Following agreement on the terms and conditions of the Change Order, the Parties shall execute the same. If the Parties do not agree upon the terms and conditions of the Change Order, and the proposed change relates to circumstances in which a Party is entitled to a Change Order under this Agreement, then either Party may submit the matter to dispute resolution pursuant to Article 24.Parties

Appears in 1 contract

Samples: Equipment and Services Purchase Agreement (Fluence Energy, Inc.)

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Change Order Process. In addition to circumstances set forth herein where the Parties are entitled to a Change Order, either Party Buyer or Supplier may request changes in the obligations of the Parties under this Agreement Supplier within the scope of this Agreement consisting of additions, deletions, deletions or other revisions to such obligationsobligations of Supplier hereunder. If either Buyer or Supplier wishes to change such obligationsthe obligations of Supplier hereunder, it shall submit a change request to the other Party in writing. If the requested change relates to a change to the Equipment supply obligations of Suppler hereunder or results from a condition in which Supplier either Party is entitled to a Change Order under this Agreement, then, then within fifteen (15) _____* Business Days following receipt or delivery, as applicable, of the requested change, Supplier the requesting Party shall submit a detailed proposal to Buyer stating the other Party including (i) the increase or decrease, if any, in the purchase price Aggregate Base Price and changes to the Delivery schedule and/or the Guaranteed Delivery Date, if any, Payment Schedule that would result from such change, (ii) the effect, if any, upon the Guaranteed Delivery Dates by reason of such proposed change , and (iii) an explanation of, and providing commercially reasonable documentation supporting, the basis for the change (collectively, the “Change Order Information”). If the proposed change relates to any other matter, the requesting Party, at the time the request for the change is made, shall provide the proposed Change Order Information. Within five (5) _____* Business Days following receipt of the Change Order Information, the Parties shall meet and, acting reasonably, negotiate in good faith a mutually acceptable Change Order in accordance with the principles set forth herein. Following agreement on the terms and conditions of the Change Order, the Parties shall execute the same. If the Parties do not agree upon the terms and conditions of the Change Order or whether a Party is entitled to a Change Order, and the proposed change relates to circumstances in which a Party is entitled to a Change Order under this Agreement, then either Party may submit the matter to dispute resolution pursuant to Article 24Sections 18.1 and 18.2.

Appears in 1 contract

Samples: Master Supply Agreement (Wisconsin Power & Light Co)

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