Common use of Changes; Amendments Clause in Contracts

Changes; Amendments. At any time, by written order, the District may make changes in or additions to the Services to be performed by this Agreement, issue additional instructions, require modified or additional work or services within the general scope of the Agreement, or vary the amount of District-furnished property. If the Consultant believes that any changes cause any increase or decrease in the cost of, or in the time required for, performance of Services under this Agreement, an equitable adjustment may be made in the Agreement price or term of performance, or both, and the Agreement will be modified in writing accordingly. Any claim by the Consultant for adjustment under this clause must be asserted within ten (10) calendar days from the date of receipt by the Consultant of the notification of changes; provided, however, that the District, if it decides that the facts justify such action, may receive and act on any such claim asserted at any time prior to final payment under this Agreement. Failure to agree to any adjustment will be a dispute concerning a question of fact within the meaning of the clause of this Agreement titled “Disputes.” However, nothing in this clause excuses the Consultant from proceeding with the Agreement as changed, and it is limited to proceeding with its appeal pursuant to the Section titled “Disputes,” below. Other than written change directives or orders issued pursuant to this Section, no amendment, change or modification to this Agreement shall be effective or enforceable unless it is in writing and executed by each party.

Appears in 3 contracts

Samples: Sample Consultant Agreement, Consultant Agreement, Consultant Agreement

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Changes; Amendments. At any time, by written order, the District Owner may make changes in in, request delays of, or additions to to, the Services Work to be performed by this Agreement, issue additional instructions, require modified or additional work or services within the general scope of the Agreement, or vary the amount of DistrictOwner-furnished property. If the Consultant Contractor believes that any changes cause any increase or decrease in the cost of, or in the time required for, performance of Services Work under this Agreement, an equitable adjustment may be made in the Agreement price or term of performance, or both, and the Agreement will be modified in writing accordingly. Any claim by the Consultant Contractor for adjustment under this clause must be asserted within ten (10) calendar days from the date of receipt by the Consultant Contractor of the notification of changes; provided, however, that the DistrictOwner, if it decides that the facts justify such action, may receive and act on any such claim asserted at any time prior to final payment under this Agreement. Failure to agree to any adjustment will be a dispute concerning a question of fact within the meaning of the clause of this Agreement titled “Disputes.” However, nothing in this clause excuses the Consultant Contractor from proceeding with the Agreement as changed, and it is limited to proceeding with its appeal pursuant to the Section titled “Disputes,” below. Other than written change directives or orders issued pursuant to this Section, no amendment, change or modification to this Agreement shall be effective or enforceable unless it is in writing and executed by each party.

Appears in 1 contract

Samples: Construction Agreement

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Changes; Amendments. At any time, by written order, the District may make changes in or additions to the Services to be performed by this Agreement, issue additional instructions, require modified or additional work or services within the general scope of the Agreement, or vary the amount of District-furnished property. If the Consultant Contractor believes that any changes cause any increase or decrease in the cost of, or in the time required for, performance of Services under this Agreement, an equitable adjustment may be made in the Agreement price or term of performance, or both, and the Agreement will be modified in writing accordingly. Any claim by the Consultant Contractor for adjustment under this clause must be asserted within ten (10) calendar days from the date of receipt by the Consultant Contractor of the notification of changes; provided, however, that the District, if it decides that the facts justify such action, may receive and act on any such claim asserted at any time prior to final payment under this Agreement. Failure to agree to any adjustment will be a dispute concerning a question of fact within the meaning of the clause of this Agreement titled “Disputes.” However, nothing in this clause excuses the Consultant Contractor from proceeding with the Agreement as changed, and it is limited to proceeding with its appeal pursuant to the Section titled “Disputes,” below. Other than written change directives or orders issued pursuant to this Section, no amendment, change or modification to this Agreement shall be effective or enforceable unless it is in writing and executed by each party.

Appears in 1 contract

Samples: Contractor Agreement

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