Changes and Delays. 7.1 As the Work is performed, Applicable Law or conditions may change, or circumstances outside SIEMENS’s reasonable control may develop, which would require SIEMENS to expend additional costs, effort or time to complete the Work, in which case SIEMENS will notify the CLIENT and an equitable adjustment will be made to SIEMENS’s compensation and the time for performance. In the event such changes require the Work to be suspended or terminated, SIEMENS shall be compensated for Work previously performed and for costs reasonably incurred in connection with the suspension or termination.
7.2 Either party may request additions, deletions, modifications or changes to the Work. Any such requests shall only become effective upon execution of a written agreement by authorized representatives of both Parties.
7.3 SIEMENS may, in its sole discretion, substitute alternative parts, goods or equipment in the performance of the Work, provided that any such substitution shall be of an equal or better quality.
7.4 SIEMENS shall not be responsible for loss, delay, injury, damage or failure of performance that may be caused by circumstances beyond its control, including but not restricted to acts or omissions by the CLIENT or its employees, agents or contractors, Acts of God, war, civil commotion, acts or omissions of government authorities, fire, theft, corrosion, flood, water damage, lightning, freeze-ups, strikes, lockouts, differences with workmen, riots, explosions, quarantine restrictions, delays in transportation, or shortage of vehicles, fuel, labor or materials. In the event of such delay or failure, the time for performance shall be extended by a period equal to the time lost plus a reasonable recovery period and the compensation shall be equitably adjusted to compensate for additional costs SIEMENS incurs due to such delay. If any such delay exceeds sixty (60) days, SIEMENS may terminate this Agreement upon three (3) days notice to the CLIENT and the CLIENT shall promptly pay SIEMENS for the allocable portion of the Work completed, for any costs and expenses of termination, and for any loss or damage incurred with respect to materials, equipment, tools and machinery, including reasonable overhead and profit.
Changes and Delays. (a) Tenant may request any change, addition or alteration in the Tenant Work as shown on the final approved Tenant's Plans (a "Change Order") by delivery of a written request therefor and complete working drawings showing the proposed change, addition or alteration to Landlord. Landlord shall not unreasonably withhold its consent to any such Change Order, provided the requested change does not adversely affect the Building's structure, systems, equipment, security system or appearance. If the requested change adversely affects the Building's structure, systems, equipment, security system or appearance, then Landlord may withhold its consent to such Change Order in Landlord's sole discretion. Following receipt of such request, Landlord shall promptly give Tenant a written description of the changes in such Change Order, if any, required for approval thereof by Landlord. The standards and conditions of Landlord's approval for Tenant's Plans shall also apply to Change Orders.
Changes and Delays. 4.1 As the Work is performed, conditions may change or circumstances outside PLUG SMART's reasonable control (including changes of law) may develop which would require PLUG SMART to expend additional costs, effort or time to complete the Work, in which case PLUG SMART will submit a request for an equitable adjustment in the Contract Price, the Contract Time, or in both.
4.2 PLUG SMART shall not be responsible for loss, delay, injury, damage or failure of performance that may be caused by circumstances beyond its control, including but not restricted to acts or omissions by Customer or its employees, agents or contractors, Acts of God, war, civil commotion, acts or omissions of government authorities, fire, theft, corrosion, flood, water damage, lightning, freeze-ups, strikes, lockouts, differences with workmen, riots, explosions, quarantine restrictions, delays in transportation, or shortage of vehicles, fuel, labor or materials. In the event of such delay or failure, the time for performance shall be extended by a period equal to the time lost plus a reasonable recovery period and the compensation shall be equitably adjusted for additional costs PLUG SMART incurs due to such delay.
4.3 If conditions are encountered at the jobsite that are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Agreement, or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in this Agreement, then written notice by PLUG SMART shall be given to CLIENT promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. If requested, an equitable adjustment to Contract Price and Contract Time shall be made by a change order. If agreement cannot be reached by the Parties within 10 days, PLUG SMART may assert a claim for an equitable adjustment in the Contract Price or Contract Time or both. Failure to properly submit written notice of such conditions within the time required represents an irrevocable waiver of PLUG SMART's right to assert a claim for an increase in the Contract Price or Contract Time.
Changes and Delays. (a) Work beyond the Scope of Services shall constitute extra work and shall be paid in addition to any other payment provided for in this Agreement, provided that such funds have been properly appropriated by the Town. In the event Service Provider’s work is interrupted due to delays caused solely by the Town or other delays outside of Service Provider’s control and unforeseeable, Service Provider shall be compensated equitably (based on Service Provider’s current rate or fees) for the additional labor or other charges associated with maintaining its work force for the Town’s benefit during the delay, or at the option of the Town, for charges incurred by Service Provider for demobilization and subsequent remobilization.
(b) If, during the course of performance of this Agreement, conditions or circumstances are discovered which were reasonably not contemplated by Service Provider at the commencement of this Agreement, Service Provider shall notify the Town in writing of the newly discovered conditions or circumstances and the impact on the Agreement. The Town and Service Provider agree to negotiate in good faith any changes to the price, terms and conditions or schedule of this Agreement.
(c) The Town acknowledges and agrees that its use of any purchase order or other form to procure services is solely for administrative purposes and in no event shall Service Provider be bound to any terms and conditions on such form regardless of reference to or signature. Town shall endeavor to reference this Agreement on any purchase order (or any other form), but the Town’s failure to do so shall not operate to modify this Agreement.
Changes and Delays. 3.1 Should the Client decide that changes are required after an Order Confirmation has been issued by the Company, then the Company shall wherever reasonably possible (at the Company’s discretion) accept these changes subject to agreement by the Client to any changes to the Contract Price, date(s) of performance or other aspects of the Instruction which may arise from such changes.
3.2 If delivery of the Services is impeded or delayed by the Client, his contractors or third parties so as to change the scope or duration of the Services, the Company shall advise the Client of the effects including any increase in the Contract Price and the Agreement shall be modified to reflect such changes.
3.3 The Contract Price has been prepared on the basis of project continuity being maintained. The Company reserves the rights to increase the Contract Price to take account of any additional costs caused by delays requested or caused by the Client.
Changes and Delays. 4.1 As the Work is performed, conditions may change or circumstances outside AMERESCO's reasonable control (including changes of law) may develop which would require AMERESCO to expend additional costs, effort or time to complete the Work, in which case AMERESCO will submit a request for an equitable adjustment in the Contract Price, the Contract Time, or in both.
4.2 If conditions are encountered at the jobsite that are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Agreement, or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in this Agreement, then written notice by AMERESCO shall be given to CLIENT promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. If requested, an equitable adjustment to Contract Price and Contract Time shall be made by a change order. If agreement cannot be reached by the Parties within 10 days, AMERESCO may assert a claim for an equitable adjustment in the Contract Price or Contract Time or both. Failure to properly submit written notice of such conditions within the time required represents an irrevocable waiver of AMERESCO's right to assert a claim for an increase in the Contract Price or Contract Time.
4.3 AMERESCO shall not be responsible for loss, delay, injury, damage or failure of performance that may be caused by circumstances beyond its control, including but not restricted to acts or omissions by Customer or its employees, agents or contractors, Acts of God, war, civil commotion, acts or omissions of government authorities, fire, theft, corrosion, flood, water damage, lightning, freeze-ups, strikes, lockouts, differences with workmen, riots, explosions, quarantine restrictions, delays in transportation, or shortage of vehicles, fuel, labor or materials. In the event of such delay or failure, the time for performance shall be extended by a period equal to the time lost plus a reasonable recovery period and the compensation shall be equitably adjusted for additional costs AMERESCO incurs due to such delay.
Changes and Delays. 5.1 Either party may at any time during the progress of the project request additions to, reductions in or other alterations of (all hereinafter referred to as a “Change”) the Scope of Work. Seller shall provide Buyer with any comments to the requested Change, as well as the impact of any proposed Change on the Purchase Price and any modifications to the Agreed Specifications and/or the Project Schedule that would result from such request for a Change within two (2) business days. No Change shall be considered as an addition, reduction or alteration to the Scope of Work, nor shall Seller be required to perform any work pursuant to or in contemplation of a Change, unless made pursuant to a written Change Order executed by both parties. Such Change Order will specify the Change, the addition to the Purchase Price and any modifications to the Agreed Specifications and/or the Project Schedule as a result of such Change. Any changes in the Purchase Price due to a Change Order shall, unless otherwise agreed, be paid to Seller in cash only.
5.2 If the Buyer, for any reason whatsoever, fails to meet any of its material obligations hereunder, including without limitation payment obligations, or a delay in the completion of the Buyer Site Preparation Requirements, the dates for Seller’s performance set forth in the Project Schedule shall be extended accordingly.
Changes and Delays. 7.1. As Services are performed, conditions may change or circumstances outside of our reasonable control (such as changes to law or codes) may develop which require us to
7.2. We shall not be responsible for any loss, delay, injury damage or failure of performance that may be caused by circumstances beyond our reasonable control, including but not limited to acts of omissions by you, or your employee’s agents or contractors, Act of God, war, civil disobedience, acts or omissions of government, fire, theft, corrosion, flood, water damage, lightning, labor strike or disagreement, riots, explosions, delays in transportation or shortage of fuel or materials. In the event of any such circumstances, we shall be excused from the performance of Services and the time for performance shall be extended by a period equal to the time lost plus a reasonable recovery period.
Changes and Delays. Owner shall have the right, by written order executed by Owner, to make changes in the Contract, the Work, the Work Site, and the Contract Time (“Change Order”). If any Change Order causes an increase or decrease in the amount of the Work, an equitable adjustment in the Contract Price or Contract Time may be made. All claims by Contractor for an equitable adjustment in either the Contract Price or the Contract Time shall be made within two business days following receipt of such Change Order, and shall, if not made prior to such time, be conclusively deemed to have been waived. No decrease in the amount of the Work caused by any Change Order shall entitle Contractor to make any claim for damages, anticipated profits, or other compensation. Any Change Order that authorizes or necessitates an increase in fifty per cent or more in (a) the original Contract Price or (b) the original prices of any subcontractor under this Contract, shall be subject to bidding in the same manner as the original Contract or subcontract was bid.
Changes and Delays. The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR’S compensation or time for performance, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. If the Contractor is delayed at any time in the commencement or progress of the work by, (1) a delay in or failure of the City, its other contractors or the Architect to perform their respective obligations, (2) changes in the sequencing of the work ordered by the City, or arising from decisions of the City or the acts or omissions of its other contractors that impact the time of performance of the work; (3) a suspension by the City; and (4) by labor disputes, fire, unusual delay in deliveries, pandemics, abnormal adverse weather conditions not reasonably anticipatable, unavoidable casualties, or any causes beyond the Contractor’s control then the Contractor’s compensation (solely with respect to items (1), (2) and (3) above) and/or time for performance shall be adjusted by Change Order by written agreement of City and Contractor . Contractor shall be entitled to receive any verifiable third-party costs associated with any increased costs (such as increased equipment rental expense) plus, with respect to items (1), (2) and (3) above, out- of-pocket costs associated with demobilization and remobilization.
