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Common use of Changes and Delays Clause in Contracts

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.

Appears in 2 contracts

Samples: Performance Contracting Agreement, Performance Contracting Agreement

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 upon the occurrence of such conditions or circumstances. Any adjustment will be made to SIEMENS’s compensation and and/or the time for performanceperformance shall be set forth in a written change order and be subject to the mutual written agreement of the parties. In the event such changes the parties cannot agree on the terms of the proposed change order within thirty (30) calendar days of Siemens submission of the proposed change order to CLIENT, CLIENT may terminate the proposed change order and direct Siemens to complete the original Scope of Work; provided however, that if the changed conditions are of a material and substantial nature that require the Work to be suspended or terminatedterminated and City has rejected the proposed change order request, City or Siemens may elect to terminate this Agreement for convenience and 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 discretionupon prior written consent of CLIENT, 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. SIEMENES warrants that any Equipment substituted for either Equipment manufactured by SIEMENS or bearing SIEMENS’ nameplate will be free from defects in material and workmanship in accordance with Article 5. 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 shall, upon written agreement of the parties,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.

Appears in 1 contract

Samples: Performance Contracting Agreement

Changes and Delays. 7.1 As the Work is performed, Applicable Law or conditions (as they exist on the Effective Date) 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 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.

Appears in 1 contract

Samples: Performance Contracting Agreement

Changes and Delays. 7.1 As the Work is performed, Applicable Law or conditions may change, change or circumstances outside SIEMENS’s BONZAI PIPELINE's reasonable control (including changes of I aw) may develop, develop which would require SIEMENS BONZAI PIPELINE to expend additional costs, effort or time to complete the Work, in which case SIEMENS BONZAI PIPELINE will notify the CLIENT and submit a request for 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 Contract Price, the WorkContract Time, provided that any such substitution shall be of an equal or better quality. 7.4 SIEMENS in both. BONZAI PIPELINE 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 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 to compensate for additional costs SIEMENS BONZAI PIPELINE incurs due to such delay. If any such delay exceeds sixty conditions are encountered at the jobsite that are (601) 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 BONZAI PIPELINE 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, SIEMENS BONZAI PIPELINE may terminate this Agreement upon three (3) days 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 BONZAI PIPELINE's right to assert a claim for an increase in 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 Contract Price or damage incurred with respect to materials, equipment, tools and machinery, including reasonable overhead and profitContract Time.

Appears in 1 contract

Samples: Proposal Letter