Common use of Changes Requested by Contractor Clause in Contracts

Changes Requested by Contractor. (a) Subject to paragraphs (b) and (c) below, Contractor may request, during the performance of this Contract, any change within the general scope of this Contract, including any change that will add or delete Work, cause a revision to the Initial City Schedules or Acceptance Date or affect any other requirement of this Contract. (b) Any changes as described in paragraph (a) above requested by Contractor shall be submitted in writing to Owner at least thirty (30) Calendar Days prior to the proposed date of the change, or such notice as is reasonable under the circumstances, that is, the notice for a complex and costly change shall be significantly greater than that for a simple change that does not impact the Contract Sum. If such Contractor-requested change causes an increase or decrease or other impact on the Work, Contract Sum, Initial City Schedules or Acceptance Date or other terms of this Contract, Contractor shall submit, with such request, a written proposal identifying such change and the impact thereof on the Contract Sum, Initial City Schedules or Acceptance Date or other terms of this Contract. (c) Owner may accept or reject such request in Owner's sole discretion. Owner shall notify Contractor in writing, within fourteen (14) Calendar Days after receipt of the requested change proposal, or within such period as is reasonable under the circumstances; that is, the response to a notice that would require significant analysis due to adverse changes in Contract Sum, Initial City Schedules or Acceptance Date may be longer than that for a minor change that does not adversely impact Contract Sum, Initial City Schedules or Acceptance Date, whether or not Owner agrees with and accepts such change and the impact thereof. If Owner agrees with and accepts Contractor's requested change and such impact thereof, Contractor shall proceed with the performance of this Contract upon the execution by both Parties of a written Change Order reflecting such changes. If Owner does not agree to the requested change, Contractor shall continue performance in accordance with this Contract without regard to such requested change. (d) Any determination of a change to the Contract Sum pursuant to this Article 11.2 (Changes Requested by Contractor) shall be made in accordance with Article 11.3 (Pricing of Changes).

Appears in 3 contracts

Samples: Contract for Engineering and Construction (Xm Satellite Radio Holdings Inc), Contract for Engineering and Construction (Xm Satellite Radio Holdings Inc), Contract for Engineering and Construction of Terrestrial Repeater Network System (Xm Satellite Radio Holdings Inc)

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Changes Requested by Contractor. (a) Subject to paragraphs (b) and (c) below, Contractor may request, during the performance of this Contract, any change within the general scope of this Contract, including any change that will add or delete Work, cause a revision to the Initial City Schedules or Acceptance Date or affect any other requirement of this Contract. (b) Any changes as described in paragraph (a) above requested by Contractor shall be submitted in writing to Owner at least thirty (30) Calendar Days prior to the proposed date of the change, or such notice as is reasonable under the circumstances, that is, the notice for a complex and costly change shall be significantly greater than that for a simple change that does not impact the Contract Sum. If such Contractor-requested change causes an increase or decrease or other impact on the Work, Contract Sum, Initial City Schedules or Acceptance Date or other terms of this Contract, Contractor shall submit, with such request, a written proposal identifying such change and the impact thereof on the Contract Sum, Initial City Schedules or Acceptance Date or other terms of this Contract. (c) Owner may accept or reject such request in Owner's sole discretion. Owner shall notify Contractor in writing, within fourteen (14) Calendar Days after receipt of the requested change proposal, or within such period as is reasonable under the circumstances; that is, the response to a notice that would require significant analysis due to adverse changes in Contract Sum, Initial City Schedules or Acceptance Date may be longer than that for a minor change that does not adversely impact Contract Sum, Initial City Schedules or Acceptance Date, whether or not Owner agrees with and accepts such change and the impact thereof. If Owner agrees with and accepts Contractor's requested Contxxxxxx'x xequested change and such impact thereof, Contractor shall proceed with the performance of this Contract upon the execution by both Parties of a written Change Order reflecting such changes. If Owner does not agree to the requested change, Contractor shall continue performance in accordance with this Contract without regard to such requested change. (d) Any determination of a change to the Contract Sum pursuant to this Article 11.2 (Changes Requested by Contractor) shall be made in accordance with Article 11.3 (Pricing of Changes).

Appears in 1 contract

Samples: Contract for Engineering and Construction of Terrestrial Repeater Network System (LCC International Inc)

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