Common use of Changes of Work Clause in Contracts

Changes of Work. a. The Consultant agrees not to make any changes to any Task Assignment, unless such changes are set forth in accordance with Section 3(e) of this Agreement. In the event Consultant deems a material change to the Task Assignment to be necessary, whether by reason of unavailability of materials or otherwise, the Port shall be notified in advance in writing of the necessity of such changes and the reasons therefore. Such notification shall include a list of substitution materials or services and any agreed upon changes or adjustments shall be set forth in an amended Formal Task Assignment Document. b. Any changes the Port requires which are attributable to Consultant’s error or failure to meet the standards set forth in this Agreement, shall be corrected by Consultant at no additional cost to the Port. c. Failure to agree to any adjustment shall be a dispute under Section 30 of this Agreement. However, nothing in this clause shall excuse the Consultant from performance under this Agreement or any Formal Task Assignment Document as if unchanged, unless such performance falls under Section 6(b) of this Agreement. d. Notwithstanding the terms and conditions of Sections 3 and 4 of this Agreement, the maximum amount payable under this Agreement as set forth in Section 7(c) shall not be increased or exceeded except by specific written amendment to this Agreement.

Changes of Work. a. The Consultant agrees not to make any changes to any Task AssignmentProject authorization, unless such changes are set forth in accordance with Section 3(e) of this Agreement. In the event Consultant deems a material change to the Task Assignment Project authorization to be necessary, whether by reason of unavailability of materials or otherwise, the Port shall be notified in advance in writing of the necessity of such changes and the reasons therefore. Such notification shall include a list of substitution materials or services and any agreed upon changes or adjustments shall be set forth in an amended Formal Task Assignment Project authorization Document. b. Any changes the Port requires which are attributable to Consultant’s error or failure to meet the standards set forth in this Agreement, shall be corrected by Consultant at no additional cost to the Port. c. Failure to agree to any adjustment shall be a dispute under Section 30 of this Agreement. However, nothing in this clause shall excuse the Consultant from performance under this Agreement or any Formal Task Assignment Project authorization Document as if unchanged, unless such performance falls under Section 6(b) of this Agreement. d. Notwithstanding the terms and conditions of Sections 3 and 4 of this Agreement, the maximum amount payable under this Agreement as set forth in Section 7(c) shall not be increased or exceeded except by specific written amendment to this Agreement.