Common use of Change Orders Generally Clause in Contracts

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.

Appears in 2 contracts

Samples: Miso Agreement, spofossil.entergy.com

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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 and the Closing 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 Guaranteed Placed In Service Date, the Substantial Completion Termination Trigger Date 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 XxxxxBuyer, 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 vitiate 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, relief or right or remedy based on, arising out of, 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.

Appears in 2 contracts

Samples: Miso Agreement, Acquisition Agreement

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 vitiate 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, relief or right or remedy based on, arising out of, 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.

Appears in 2 contracts

Samples: Miso Agreement, spofossil.entergy.com

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 and the Closing 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 Guaranteed Placed In Service Date, the Substantial Completion Termination Trigger Date 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 vitiate 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, relief or right or remedy based on, arising out of, 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.

Appears in 1 contract

Samples: Acquisition Agreement

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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 8 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 VIII8. 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.

Appears in 1 contract

Samples: cdn.entergy-arkansas.com

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 and the Closing 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 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 XxxxxBuyer, 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 vitiate 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, relief or right or remedy based on, arising out of, 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.

Appears in 1 contract

Samples: spofossil.entergy.com

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