Changes Initiated by Buyer. If Buyer desires to make a Change (each a “Buyer- Initiated Change”) not comprising rectification or recovery Work due to Seller’s negligence or breach of this Agreement, Buyer will submit a written Change Order Notice to Seller, substantially in the form of Exhibit D-3, comprising the nature and extent of the proposed change to the Scope of Work together with, to the extent available and/or applicable, Buyer’s opinion as to those matters required to be taken into account in accordance with Section 13.1 (“Changes”). Seller will promptly review the Change Order Notice and notify Buyer in writing within a reasonable amount of time of the options for implementing the proposed Change (including, if possible, any option that does not involve an extension of time) and the estimated effect(s), if any, that each such option would have on the Purchase Price and Project Schedule, and any other affected provision herein, as applicable. Such response shall also contain all those matters required to be set out in a Change. Order Request. Based upon such information, Buyer may, in its sole discretion, issue a Change Order making a Change.
Appears in 6 contracts
Samples: Asset Purchase Agreement, Asset Purchase Agreement, Asset Purchase and Sale Agreement
