Change Orders Generally. Notwithstanding anything to the contrary (including the Project Schedule, the Project Execution Plan, the Scope Book, or any other portion of this Agreement relating to updates of the Project Schedule), (a) the FNTP Expiration Date may only be modified by amendment of this Agreement in accordance with Section 26.1, and (b) the Scope of Work, the Guaranteed Substantial Completion Date, and the Purchase Price (including by modification to the Substantial Completion Payment Amount) may be modified by Change Order in accordance with this Article VIII or by amendment of this Agreement in accordance with Section 26.1. For clarity, the Substantial Completion Termination Trigger Date and the Final Completion Expiration Date may be changed by Change Order only indirectly (by a Change Order changing the Guaranteed Substantial Completion Date). All Change Orders shall be in writing, executed by duly authorized representatives of each of Seller and Xxxxx, and made strictly in accordance with, and subject to, this Article VIII. Each Change Order shall contain the full particulars of any modification to be made by such Change Order. Each Change Order shall be limited in effect to the matters and by the terms expressly set forth therein, and shall not invalidate or change any other matter set forth in or any other portion of this Agreement. Except to the extent a Change Order specifically amends one or more provisions hereof, all provisions hereof shall apply to all Change Orders, and no Change Order shall be implied as a result of any other Change Order, individually or collectively. By executing a Change Order, Seller thereafter waives the right to assert any further claim for an extension to the Guaranteed Substantial Completion Date (or any dates that are a function of the Guaranteed Substantial Completion Date), or an increase to the Purchase Price (including by modification of the Substantial Completion Payment Amount), or any other compensation, relief, or right or remedy based on, arising out of, or relating to the subject matter of, or the claim addressed by, such Change Order. Seller acknowledges and agrees that breaches (including any breach of a Project Contract or this Agreement), defaults, errors (including scoping, ordering, and diligencing errors), omissions, and other mistakes, misconduct, or fault (including negligence) by or of Seller or any of its Contractors or Subcontractors are not legitimate grounds, in whole or in part, for any Change Order.
Change Orders Generally. A. No changes in the Work, the Contract Price, the Substantial and Final Completion dates, or any other provision of an Approval by DCAMM of the Contract Documents shall be made in absence of a Change Order as defined in Article I of these General Conditions of the Contract, directing the Prime Contractor to perform such changes. Any request for a change in the provisions of this Contract submitted by the Prime Contractor must be made in writing and in accordance with the provisions of this Contract, including the procedures of DCAMM.
B. A request for a change in the provisions of this Contract may be submitted to DCAMM by the Prime Contractor, Designer, Resident Engineer or User Agency. The request must be made in writing and in accordance with the provisions of this Contract, Laws, and the procedures of DCAMM. When the Prime Contractor believes that an event or circumstance gives rise to an adjustment in the Contract Price and/or the Contract Time it shall submit a request for a change order in accordance with the forms and procedures required by DCAMM.
C. A written directive may be issued by DCAMM instructing the Prime Contractor to make changes in the Work within the general scope of the Contract, including but not limited to, changes in: (1) the Plans and Specifications; (2) the method or manner of performance of the Work; (3) the Owner-furnished facilities, equipment, materials, services or Site; (4) the schedule for performance of the Work.
D. Whenever a Change Order or written directive will cause a change in the Prime Contractor’s cost, the Prime Contractor or DCAMM may request an adjustment in the Contract Price. Such request shall be in writing and shall be submitted by the party making such claim to the other party before commencement of the pertinent work.
E. DCAMM and the Prime Contractor shall negotiate in good faith an agreement on an equitable adjustment in the Contract Price, and/or time if appropriate, before commencement of the pertinent work. In the absence of an agreement for an equitable adjustment, DCAMM shall unilaterally determine the costs attributable to the change and provide the Prime Contractor with a written notice to that effect. The Prime Contractor may appeal the decision of DCAMM within thirty days of receipt of said notice, to the Commissioner of DCAMM or the Commissioner’s designee, and the Prime Contractor shall have the right to such further appeal as is provided in
F. During the negotiation of an equitable adjustmen...
Change Orders Generally. A Change Order shall not be effective for any purpose unless executed by Owner. As used herein, execution of a Change Order by Owner shall mean that the Change Order has been fully executed with all required signatures by Owner. Change Orders may be requested by Contractor only pursuant to Article 14.4.
Change Orders Generally. The increase or decrease in the Contract Sum resulting from a change authorized pursuant to the Contract Documents shall be determined:
(1) By mutual acceptance of a lump sum amount properly itemized and supported by sufficient substantiating data, to permit evaluation by the Architect/Engineer and Owner; or
(2) By unit prices stated in the Agreement or subsequently agreed upon; or
(3) By any other method mutually agreeable to Owner and Contractor. If Owner and Contractor are unable to agree upon increases or decreases in the Contract Sum and the Architect/Engineer certifies that the work needs to be commenced prior to any such agreement, the Contractor, provided it receives a written Change Order signed by or on behalf of the Owner, shall promptly proceed with the Work involved. The cost of such Work shall then be determined on the basis of the reasonable expenditures of those performing the Work attributed to the change. However, in the event a Change Order is issued under these conditions, the Owner, through the Architect/Engineer, will establish an estimated cost of the Work and the Contractor shall not perform any Work whose cost exceeds that estimated without prior written approval by the Owner. In such case, the Contractor shall keep and present in such form as the Owner may prescribe an itemized accounting, together with appropriate supporting data of the increase in overall costs of the Project. The amount of any decrease in the Contract Sum to be allowed by the Contractor to the Owner for any deletion or change which results in a net decrease in costs will be the amount of the actual net decrease.
Change Orders Generally. Changes and/or modifications to the Scope of Work will be authorized by a written Change Order. The Change Order should state the change and/or modification to the Scope of Work, any additional compensation to be paid, and any applicable extension of time. ENGIE Services U.S. may, at its election, suspend performance of that portion of the Work affected by any proposed Change until a written Change Order with respect to the Changed or modified Work has been signed by both District and ENGIE Services U.S. ENGIE Services U.S. will use its reasonable efforts to continue other portions of the Work not affected or impacted by such proposed Change until such time as the applicable Change Order is resolved. In addition, if any District Person requests a proposal from ENGIE Services U.S. for a Change and District subsequently elects to not proceed with such Change, District agrees that a Change Order will be issued to reimburse ENGIE Services U.S. for any costs reasonably incurred for estimating services, design services, and/or preparation of the proposal requested by such District Person.
Change Orders Generally. 8.1.1 Metro and the Contractor mutually agree that changes in plans, quantities, or details of the Work are inherent in the nature of construction and may be necessary or desirable. Therefore, without impairing the Contract, Metro reserves the right to require changes determined necessary or desirable to complete the proposed construction within the general scope of the Work provided for in the Contract or to order extra Work if that is required. Performance of changed or extra Work will not invalidate the Contract or release the Contractor's surety from its obligations. Changes to the Contract Amount, if any, as a result of the performance of changed or extra Work must be made pursuant to this Article 8.
8.1.2 The only authorized method for increasing or changing the amount of compensation, increasing the amount of Contract Time, or changing the scope of Work to be performed is through the execution of a written Change Order.
8.1.3 Change Orders must be executed in advance when any changed or extra Work for which additional compensation is due will be performed, unless the Work is Force Account Work.
8.1.4 Metro may, at its discretion, also require the signature of Contractor's surety on the Change Order. Prior to the approval of such Change Order, the Architect or Engineer shall have approved any design modifications entailed thereby.
8.1.5 Agreement on any Change Order shall constitute a final settlement of all matters relating to the changes in the Work that are the subject of the Change Order, including without limitation all direct and indirect costs associated with such change, and any and all adjustments to the Contract Sum or Contract Time.
Change Orders Generally. Any and all changes and/or modifications to the Scope of Work must be authorized by a written Change Order executed by authorized representatives of ENGIE Services U.S. and District. Change Orders not so written and executed shall not be binding on District and no compensation shall be due on account of the same. The Change Order shall state the change and/or modification to the Scope of Work, any additional compensation to be paid, and any applicable extension of time. ENGIE Services U.S. may, at its election, suspend performance of that portion of the Work affected by any proposed Change until a written Change Order with respect to the Changed or modified Work has been signed by both District and ENGIE Services U.S. ENGIE Services U.S. will use its reasonable efforts to continue other portions of the Work not affected or impacted by such proposed Change until such time as the applicable Change Order is resolved. In addition, if any District Person requests a proposal from ENGIE Services U.S. for a Change and District subsequently elects to not proceed with such Change, District agrees that a Change Order will be issued to reimburse ENGIE Services U.S. for any costs reasonably incurred for estimating services, design services, and/or preparation of the proposal requested by such District Person.
Change Orders Generally. Changes and/or modifications to the Scope of Work will be authorized by a written Change Order. The Change Order should state the change and/or modification to the Scope of Work, any additional compensation to be paid, and any applicable extension of time. Chevron Energy Solutions may, at its election, suspend performance of that portion of the Work affected by any proposed Change until a written Change Order with respect to the Changed or modified Work has been signed by both Manhattan Beach USD and Chevron Energy Solutions. Chevron Energy Solutions will use its reasonable efforts to continue other portions of the Work not affected or impacted by such proposed Change until such time as the applicable Change Order is resolved. In addition, if any Manhattan Beach USD Person requests a proposal from Chevron Energy Solutions for a Change and Manhattan Beach USD subsequently elects to not proceed with such Change, Manhattan Beach USD agrees that a Change Order will be issued to reimburse Chevron Energy Solutions for any costs reasonably incurred for estimating services, design services, and/or preparation of the proposal requested by such Manhattan Beach USD Person.
Change Orders Generally. Changes and/or modifications to the Scope of Work will be authorized by a written Change Order. The Change Order will state the change and/or modification to the Scope of Work, any additional compensation to be paid, and any applicable extension of time. OpTerra Energy Services may, at its election, suspend performance of that portion of the Work affected by any proposed Change until a written Change Order with respect to the Changed or modified Work has been signed by both ConFire and OpTerra Energy Services. OpTerra Energy Services will use its reasonable efforts to continue other portions of the Work not affected or impacted by such proposed Change until such time as the applicable Change Order is resolved. In addition, if ConFire requests a proposal from OpTerra Energy Services for a Change and ConFire subsequently elects to not proceed with such Change, ConFire agrees that a Change Order will be issued to reimburse OpTerra Energy Services for any costs reasonably incurred for estimating services, design services, and/or preparation of the proposal requested by such ConFire Person.
Change Orders Generally. Changes and/or modifications to the Scope of Work shall be authorized by a written Change Order signed by both Customer and Chevron ES. The Change Order shall state the change and/or modification to the Scope of Work, any additional compensation to be paid, or extension of Time, if needed, to Chevron ES to perform such change and/or modification. Chevron ES may, at its election, suspend performance of that portion of the Work affected by any proposed Change Order until an agreement has been reached with the Customer regarding the Change Order. Chevron ES will use its reasonable efforts to continue other portions of the Work not affected or impacted by such proposed Change Order until such time as the Change Order is resolved. In addition, if Customer requests a proposal from Chevron ES for a change to the Scope of Work and Customer subsequently elects to not proceed with such change, Customer agrees that a Change Order shall be issued to reimburse Chevron ES for any costs reasonably incurred for estimating services, design services, and/or preparation of the proposal requested by the Customer.
