Common use of Changes and Adjustments Clause in Contracts

Changes and Adjustments. XXXXX may at any time, by written order (and without notice to sureties), make changes within the general scope of any purchase order in any one or more of the following: (i) drawings, designs, specifications or other technical documents; (ii) quantity, (iii) time and place of delivery; and (iv) delivery schedules. Without limiting the foregoing, XXXXX may at any time and from time to time modify its Shipping Packing, and Marking Instructions or the Invoicing Instructions contained above by delivery of a revised version thereof to Supplier. Supplier will implement any such changes; provided, that if any such change causes an increase or decrease in the cost of or time required for performance of any work under a purchase order, an appropriate adjustment in the price and/or delivery schedule will be agreed to by XXXXX and Supplier. Notwithstanding the foregoing, no adjustment to the benefit of Supplier will be made: (a) for any change to delivery schedule when delivery is rescheduled within twelve (12) months of the originally scheduled delivery date; or (b) for any change made necessary by reason of defects or nonconformities for which Supplier would be liable under the terms of the order and these Terms and Conditions or otherwise; or (c) for any change to delivery schedule if the amended delivery schedule is commensurate with any delivery schedule changes received by XXXXX from its customer. Any claim by Supplier for adjustment will be made in writing within twenty (20) days from the date the change was ordered by XXXXX, and will set forth the amount claimed and the reasons therefore. Upon prior written request and subject to XXXXX maintaining the confidentiality thereof, Supplier will make available its books and records for XXXXX'x examination to allow XXXXX, its authorized representatives and its customers (including the government if this is a government contract) to verify any claim for adjustment by Supplier. If XXXXX and Supplier are unable to agree upon an adjustment in the event of any change directed by XXXXX, the matter will be resolved in accordance with the dispute resolution procedures set forth in the Paragraph of these Terms and Conditions entitled “Dispute Resolution.” Pending resolution of any such adjustment, Supplier will diligently pursue the performance of the order as changed. Notwithstanding the above, if XXXXX enters into an agreement with a customer, which provides for no cost increase as a result of changes to delivery or work schedule, this same provision will apply to any purchase order(s) issued hereunder to the Supplier.

Changes and Adjustments. XXXXX GSP may at any time, by written order (and without notice to sureties), make changes within the general scope of any purchase order in any one or more of the following: (i) drawings, designs, specifications or other technical documents; (ii) quantity, (iii) time and place of delivery; and (iv) delivery schedules. Without limiting the foregoing, XXXXX GSP may at any time and from time to time modify its Shipping Packingshipping, packing, and Marking Instructions marking instructions or the Invoicing Instructions contained above invoicing instructions by delivery of a revised version written confirmation thereof to Supplier. Supplier will implement any such changes; provided, that if any such change causes an increase or decrease in the cost of or time required for performance of any work under a purchase order, an appropriate adjustment in the price and/or delivery schedule will be agreed to by XXXXX GSP and Supplier. Notwithstanding the foregoing, no adjustment to the benefit of Supplier will be made: (a) for any change to delivery schedule when delivery is rescheduled within twelve three (123) months of the originally scheduled delivery date; or (b) for any change made necessary by reason of defects or nonconformities for which Supplier would be liable under the terms of the order and these Terms and Conditions or otherwise; or (c) for any change to delivery schedule if the amended delivery schedule is commensurate with any delivery schedule changes received by XXXXX GSP from its customer. Any claim by Supplier for adjustment will be made in writing within twenty (20) days from the date the change was ordered by XXXXXGSP, and will set forth the amount claimed and the reasons therefore. Upon prior written request and subject to XXXXX GSP maintaining the confidentiality thereof, Supplier will make available the relevant portions of its books and records for XXXXX'x GSP's examination to allow XXXXXGSP, its authorized representatives and its customers (including the government if this is a government contract) to verify any claim for adjustment by Supplier. If XXXXX GSP and Supplier are unable to agree upon an adjustment in the event of any change directed by XXXXXGSP, the matter will be resolved in accordance with the dispute resolution procedures set forth in the Paragraph section of these Terms and Conditions entitled titled “Dispute Resolution.” Pending resolution of any such adjustment, Supplier will diligently pursue the performance of the order as changed. Notwithstanding the above, if XXXXX GSP enters into an agreement with a GSP’s end customer, which provides for no cost increase as a result of changes to delivery or work schedule, this same provision will apply to any purchase order(s) issued hereunder to the Supplier.