CHANGE ORDER PROVISIONS Clause Samples

CHANGE ORDER PROVISIONS. This Agreement may be modified in writing by the parties from time to time to provide for the provisions of the performance of services and/or work (hereinafter singly and collectively referred to as "Extra Work") in addition to those presently stated or implied to be provided and/or performed pursuant to the terms and conditions of this Agreement, or for the omission of services or work previously provided for, in order to carry out and complete more fully and perfectly this Agreement. Plangraphics and City understand and agree that in no event shall the cost of any Extra Work have the effect of increasing the total amount payable by City to Plangraphics pursuant to this Agreement by an amount in excess of Ten Per Cent (10%) of the maximum amount first set forth in Article III of this Agreement, unless such additional cost is authorized by any governmental body or bodies of The City of New York authorized to approve City's expenditure of monies. An order for Extra Work shall designate the method for timely payment therefor, and shall be valid only if issued in writing and signed by DoITT.

CHANGE ORDER PROVISIONS. 3.1 In the event any article, phrase, provision, portion or part of the Agreement or Change Order is deemed invalid, against public policy, void or otherwise unenforceable by a court of competent jurisdiction, the parties shall negotiate in good faith an equitable adjustment in the affected provision of the Agreement; however, the validity and enforceability of the remaining parts thereof and any other part or provision of the Agreement shall be otherwise fully enforceable. PO6030i Pole Install pole up to and including 50' augering the hole Includes backfill hole, tamp backfill, pole tags, numbering, reflectors, cover-up as required and remove excess spoils. If multiple methods are used to excavate the hole, then the last excavation technique will be used to select appropriate unit. PO6031i Pole Install pole up to and including 50' hand digging the hole PO6032i Pole Install pole up to and including 50' rock drilling the hole. Rock drill/ledge machine must be used. PO6033i Pole Install pole up to and including 50' vac excavating the hole PO6034i Pole Install pole up to and including 50' using a back hoe to excavate the hole PO6030r Pole Remove pole up to and including 50' all types Includes removal, excavation, backfilling, debris removal and all cuts. PO6070i Pole Install pole over 50' augering the hole Includes backfill hole, tamp backfill, pole tags, numbering, reflectors, cover-up as required and remove excess spoils. If multiple methods are used to excavate the hole, then the last excavation technique will be used to select appropriate unit. PO6071i Pole Install pole over 50' hand digging the hole PO6072i Pole Install pole over 50' rock drilling the hole PO6073i Pole Install pole over 50' vac excavating the hole PO6074i Pole Install pole over 50' using a back hoe to excavate the hole PO6070r Pole Remove pole over 50' all types Includes removal, excavation, backfilling, debris removal and all cuts. PO6090i Pole Install barrel Includes machine excavation w/ backhoe, backfilling & debris removal. No differentiation between Highway & Off Road (covered under pole installation unit) PO6090r Pole Remove barrel Includes machine excavation w/ backhoe, backfilling & debris removal. PO6110n Pole Hold pole Includes labor & equipment to hold pole for an hour. Not to be used with cut & kick. PO6120n Pole Shift pole / cut and kick up to and including 50 FT wood Includes cut and shift to set in place, re-excavation (re-auger / hand-dig) if necessary, backfill hole, ta...

CHANGE ORDER PROVISIONS. The following revised terms and conditions shall apply for this contract extension: • Immediate across the board cost reduction of % for all Mains and Service Work effective December 1, 2015. • Reduction of D&R units by an additional %. Effective 12-1-2015. • Pricing to be held firm through April 1, 2017 • Yearly Escalator: beginning April 2017 % as defined in our current contract for contract years • Tiered volume adjustment will be applied from April 2017 to end of contract. Annual adjustments to the unitized and T&M pricing will occur as follows; for every % change in total spend, the escalator/de-escalator will be adjusted by %. Collars will be in place for growth/decline that’s above/below %. For clarity, see the table below Unitized Price Adjustment Growth Rate The base line used to determine the growth rate will be the 12 month calendar years spend for the prior year. The base-lines will be reset each year based upon the previous year spend. The unitized pricing will be adjusted accordingly from the agreed upon % escalator. As an example: Effective Date Adjustment to unitized pricing Spend with ▇▇▇▇▇▇ for prior calendar year Change in $ Increase in Spend October 2015 April 2016 April 2017 April 2018 April 2019 April 2020

CHANGE ORDER PROVISIONS. The following revised terms and conditions shall apply for this contract extension: • Yearly Escalator: % increase on all labor and equipment rates as defined in our current contract for the contract year beginning April 1, 2016.

CHANGE ORDER PROVISIONS. 2.1 In the event any article, phrase, provision, portion or part of the Agreement or Change Order is deemed invalid, against public policy, void or otherwise unenforceable by a court of competent jurisdiction, the parties shall negotiate in good faith an equitable adjustment in the affected provision of the Agreement; however, the validity and enforceability of the remaining parts thereof and any other part or provision of the Agreement shall be otherwise fully enforceable. 2.2 In the absence of Contractor’s written acknowledgement of this Agreement Change Order № 8, performance of any part of the work shall be deemed to constitute Contractor’s unqualified acceptance of all provisions of this Agreement Change Order № 8. 2.3 Contractor’s signed acknowledgement of this Agreement Change Order № 8, in