Common use of Changes Initiated by Contractor Clause in Contracts

Changes Initiated by Contractor. Within 10 Business Days after Contractor becomes aware of any circumstances, including Change Events, which Contractor has reason to believe may necessitate a Change, Contractor shall issue to Owner a “Change Order Request.” All Change Order Requests will include, to the extent then reasonably available (and thereafter promptly updated as information becomes available) to provide, documentation sufficient to enable Owner to determine: (a) the factors necessitating the possibility of a Change; (b) the impact the Change is likely to have on the Fixed Component; (c) the impact the Change is likely to have on the timely achievement of the Project Schedule (including the Target Contract Dates and the Required Contract Dates, as applicable); (d) the impact the Change is likely to have on the Craft Labor Hour Target, (e) the impact the Change is likely to have on the Reimbursable Component, (f) the impact the Change is likely to have on the Target Total Work Cost; (g) the impact the Change is likely to have on the quality, function or intent of the Work or any of the other obligations or liabilities of the Parties under this Agreement, and (h) such other information which Owner may reasonably request in connection with such Change; provided, however, that the information required by clause (a) is the only essential element to be provided within the initial 10 Business Day period. Owner may, but except as provided in Section 10.3 below will not be obligated to, issue a Change Order pursuant to a Change Order Request. Owner must provide its response to Contractor’s Change Order Request within 10 Business Days after receipt thereof. Unless otherwise stated by Owner in writing or in the case of an emergency in which imminent harm to Persons or damage to property can only be avoided by proceeding with work outside the Work, any work outside the Work described in this Agreement performed by Contractor prior to its having received an executed Change Order from Owner will be considered unauthorized work and will be at Contractor’s sole risk and expense. In no event will a Recovery Plan or other document or Submittal constitute a Change Order under this Agreement, unless such document is clearly titled a “Change Order” and otherwise satisfies all of the requirements of a Change Order under this Article 10.

Changes Initiated by Contractor. Within 10 Business Days after Contractor becomes aware of any circumstances, including Change Events, which Contractor has reason to believe may necessitate a Change, Contractor shall issue to Owner a “Change Order Request.” All Change Order Requests will include, to the extent then reasonably available (and thereafter promptly updated as information becomes available) to provide, documentation sufficient to enable Owner to determine: (a) the factors necessitating the possibility of a Change; (b) the impact the Change is likely to have on the Phase 2 Price Fixed Component; (c) the impact the Change is likely to have on the timely achievement of the Project Schedule (including the Target Contract Dates and the Required Contract Dates, as applicable); (d) the impact the Change is likely to have on the Craft Labor Hour Target, (e) the impact the Change is likely to have on the Phase 2 Price Reimbursable Component, (f) the impact the Change is likely to have on the Target Total Work Cost; (g) the impact the Change is likely to have on the quality, function or intent of the Work or any of the other obligations or liabilities of the Parties under this Agreement, and (hg) such other information which Owner may reasonably request in connection with such Change; provided, however, that the information required by clause (a) is the only essential element to be provided within the initial 10 Business Day period. Owner may, but except as provided in Section 10.3 Red River Environmental Products EPC Agreement below will not be obligated to, issue a Change Order pursuant to a Change Order Request. Owner must provide its response to Contractor’s Change Order Request within 10 Business Days after receipt thereof. Unless otherwise stated by Owner in writing or in the case of an emergency in which imminent harm to Persons or damage to property can only be avoided by proceeding with work outside the Work, any work outside the Work described in this Agreement performed by Contractor prior to its having received an executed Change Order from Owner will be considered unauthorized work and will be at Contractor’s sole risk and expense. In no event will a Recovery Plan or other document or Submittal constitute a Change Order under this Agreement, unless such document is clearly titled a “Change Order” and otherwise satisfies all of the requirements of a Change Order under this Article 10.

Changes Initiated by Contractor. Within 10 five (5) Business Days after Contractor becomes aware of any circumstances, including Change Events, which Contractor has reason to believe may necessitate a Change, but in no event later than forty-five (45) Days following the act, occurrence or condition giving rise to a Change, Contractor shall issue to Owner PSGC a “Change Order Request.” All Change Order Requests will include, to the extent then reasonably available (and thereafter promptly updated as information becomes available) to provide, documentation sufficient to enable Owner PSGC to determine: (a) the factors necessitating the possibility of a Change; , (b) the impact the Change is likely to have on the Fixed Component; Target Price, (c) the impact the Change is likely to have on the timely achievement of the Project Schedule (including the Target Contract Dates and the Required Contract Dates, as applicable); , (d) the impact the Change is likely to have on the Craft Labor Hour Target, (e) the impact the Change is likely to have on the Reimbursable Component, (f) the impact the Change is likely to have on the Target Total Work Cost; (g) the impact the Change is likely to have on the quality, function or intent of the Work or any of the other obligations or liabilities of the Parties under this Agreement, and (he) such other information which Owner PSGC may reasonably request in connection with such Change; provided, however, that the information required by clause (a) is the only essential element to be provided within the initial 10 Business Day five-day period. Owner PSGC may, but except as provided in Section 10.3 below will not be obligated to, issue a Change Order pursuant to a Change Order Request. Owner PSGC must provide its response to Contractor’s Change Order Request within 10 ten (10) Business Days after receipt thereof. Unless otherwise stated by Owner PSGC in writing or in the case of an emergency in which imminent harm to Persons or damage to property can only be avoided by proceeding with work outside the Work, any work outside the Work described in this Agreement performed by Contractor prior to its having received an executed Change Order from Owner PSGC will be considered unauthorized work and will be at Contractor’s sole risk and expense. In no event will a Recovery Plan or other document or Submittal constitute a Change Order under this Agreement, unless such document is clearly titled a “"Change Order” and otherwise satisfies all of the requirements of a Change Order under this Article 10.

Changes Initiated by Contractor. Within 10 Business Days a reasonable timeframe after Contractor CONTRACTOR becomes aware of any circumstances, including Change Events, circumstances which Contractor CONTRACTOR has reason to believe may necessitate a ChangeChange so as not to cause delay to the Schedule, Contractor shall CONTRACTOR will issue to Owner COMPANY a “Change Order Request.” All Change Order Requests will include, to the extent then reasonably available (and thereafter promptly updated as information becomes available) to provide, shall include documentation sufficient to enable Owner COMPANY to determine: determine (a) the factors necessitating the possibility of a Change; , (b) the impact which the Change is likely to have on the Fixed Component; estimated Contract Price, (c) the impact which the Change is likely to have on the timely achievement of the Project Schedule of Work (including the Target Contract Dates and the Required Contract Dates, as applicableProject Completion Date); (d) the impact the Change is likely to have on the Craft Labor Hour Target, (e) the impact the Change is likely to have on the Reimbursable Component, (f) the impact the Change is likely to have on the Target Total Work Cost; (g) the impact the Change is likely to have on the quality, function or intent of the Work or any of the other obligations or liabilities of the Parties under this Agreement, and (hd) such other information which Owner COMPANY may reasonably request in connection with such Change; provided. If CONTRACTOR fails to notify COMPANY of a circumstance necessitating a Change within fourteen (14) calendar days after CONTRACTOR knew about such circumstance, howeverthen notwithstanding anything herein to the contrary, that CONTRACTOR will be deemed to have waived any right to receive an increase in the information required by clause estimated Contract Price or Project Completion Date based upon such circumstance, such fourteen (a14) is calendar day requirement being an essential term of this Agreement. COMPANY shall have no obligation to compensate CONTRACTOR for any change or extra work unless CONTRACTOR obtains COMPANY’s written authorization for the only essential element performance of such work prior to be provided within the initial 10 Business Day periodperformance of the work. Owner may, but except as provided in Section 10.3 below will COMPANY may not be obligated to, to issue a Change Order pursuant to a Change Order Request. Owner must provide its response to Contractor’s Change Order Request within 10 Business Days after receipt thereof. Unless otherwise stated by Owner COMPANY in writing or in the case of an emergency in which imminent harm to Persons or damage to property can only be avoided by proceeding with work outside the Workwriting, any work outside the Work described in this Agreement the Contract Documents performed by Contractor CONTRACTOR prior to its CONTRACTOR having received an executed a Change Order from Owner COMPANY will be considered unauthorized work and will be at ContractorCONTRACTOR’s sole risk and expense. In no event will a Recovery Plan or other document or Submittal constitute ; provided, however, the foregoing shall not inhibit COMPANY’s right to issue a Change Order under this Agreement, unless reducing the Contract Price if and to the extent that the result of such document unauthorized work results in a decrease to CONTRACTOR’s direct costs. COMPANY shall respond to CONTRACTOR for any such Change Order Request within 7 calendar days of receipt. If such Change Order Requests is clearly titled a “Change Order” approved and otherwise satisfies all impacts the critical path of the requirements Project, CONTRACTOR shall be entitled to an extension of a the Completion Date by the same number of days COMPANY takes to approve or reject the Change Order under this Article 10in excess of seven (7) calendar days from date of CONTRACTOR’s Change Order Request.