Changes Requested by Customer. (a) Subject to paragraphs (b), (c), and (d) below, Customer shall be entitled to direct, during the performance of this Contract, any change within the general scope of this Contract, including any change that will add, delete, or change the Work, affect the design of the Satellites, change the method of shipping or packing, or the place or time of Delivery, or will affect any other requirement of this Contract. (b) Any change directed by Customer as described in paragraph (a) above shall be submitted in writing to Contractor. Contractor shall respond to such directed change in writing to Customer within thirty (30) Calendar Days after such directed change and shall include in such response the details of the impact of such change on the Contract Price, Delivery Schedule, performance specifications, or other terms of this Contract. (c) Customer shall notify Contractor in writing, within thirty (30) Calendar Days after receipt of Contractor's response, whether or not Customer agrees with and accepts Contractor's response. If Customer agrees with and accepts Contractor's response, Contractor shall proceed with the performance of this Contract as changed immediately upon the execution by both Parties of an Amendment reflecting such changes. (d) If the Parties cannot agree on a reasonable price or revised Delivery Schedule, performance specifications, or other item, as occasioned by Customer's directed change, and Customer still desires the directed change, Customer shall direct Contractor to proceed with the change and Customer shall pay Contractor's proposed price and accept the revised Delivery Schedule or performance specifications or other item pending any decision to the contrary under Article 27 (Dispute Resolution). Contractor shall proceed with the Work as changed and Customer may dispute the reasonableness of the proposed price, revised Delivery Schedule, performance specification, or other item under Article 27 (Dispute Resolution). In the event it is determined pursuant to such dispute resolution or by the Parties' mutual written agreement that Customer is entitled to a full or partial refund of amounts paid under this paragraph (d), Customer shall be entitled to interest on such refunded amounts, such interest running from the date of payment by Customer to the date of refund at the interest rate set forth in Article 34.10 (Calculation of Interest).
Appears in 2 contracts
Samples: Satellite Purchase Contract (Xm Satellite Radio Holdings Inc), Satellite Purchase Contract (Xm Satellite Radio Holdings Inc)
Changes Requested by Customer. (a) Subject to paragraphs (b), (c), and (d) below, Customer shall be entitled to direct, during the performance of this Contract, any change within the general scope of this Contract, including any change that will add, delete, or change the Work, affect the design of the Satellites, change the method of shipping or packing, or the place or time of Delivery, or will affect any other requirement of this Contract.
(b) Any change directed by Customer as described in paragraph (a) above shall be submitted in writing to Contractor. Contractor shall respond to such directed change in writing to Customer within thirty (30) Calendar Days after such directed change and shall include in such response the details of the impact of such change on the Contract Price, Delivery Schedule, performance specifications, or other terms of this Contract.
(c) Customer shall notify Contractor in writing, within thirty (30) Calendar Days after receipt of Contractor's ’s response, whether or not Customer agrees with and accepts Contractor's ’s response. If Customer agrees with and accepts Contractor's ’s response, Contractor shall proceed with the performance of this Contract as changed immediately upon the execution by both Parties of an Amendment reflecting such changes.
(d) If the Parties cannot agree on a reasonable price or revised Delivery Schedule, performance specifications, or other item, as occasioned by Customer's ’s directed change, and Customer still desires the directed change, Customer shall direct Contractor to proceed with the change and Customer shall pay Contractor's ’s proposed price and accept the revised Delivery Schedule or performance specifications or other item pending any decision to the contrary under Article 27 (Dispute Resolution). Contractor shall proceed with the Work as changed and Customer may dispute the reasonableness of the proposed price, revised Delivery Schedule, performance specification, or other item under Article 27 (Dispute Resolution). In the event it is determined pursuant to such dispute resolution or by the Parties' ’ mutual written agreement that Customer is entitled to a full or partial refund of amounts paid under this paragraph (d), Customer shall be entitled to interest on such refunded amounts, such interest running from the date of payment by Customer to the date of refund at the interest rate set forth in Article 34.10 (Calculation of Interest).
Appears in 1 contract
Samples: Satellite Purchase Contract (Xm Satellite Radio Holdings Inc)
Changes Requested by Customer. (a) Subject to paragraphs (b), (c), and (d) below, Customer shall be entitled to direct, during the performance of this Contract, any change within the general scope of this Contract, including any change that will add, delete, or change the Work, affect the design of the Satellites, change the method of shipping or packing, or the place or time of Delivery, or will affect any other requirement of this Contract.
(b) Any change directed by Customer as described in paragraph (a) above shall be submitted in writing to Contractor. Contractor shall respond to such directed change in writing to Customer within thirty (30) Calendar Days after such directed change and shall include incl ude in such response the details of the impact of such change on the Contract Price, Delivery Schedule, performance specifications, or other terms of this Contract.
(c) Customer shall notify Contractor in writing, within thirty (30) Calendar Days after receipt of Contractor's response, whether or not Customer agrees with and accepts Contractor's response. If Customer agrees with and accepts Contractor's response, Contractor shall proceed with the performance of this Contract as changed immediately upon the execution by both Parties of an Amendment reflecting such changes.
(d) If the Parties cannot agree on a reasonable price or revised Delivery Schedule, performance specifications, or other item, as occasioned by Customer's directed change, and Customer still desires the directed change, Customer shall direct Contractor to proceed with the change and Customer shall pay Contractor's proposed price and accept the revised Delivery Schedule or performance specifications or other item pending any an y decision to the contrary under Article 27 (Dispute Resolution). Contractor shall proceed with the Work as changed and Customer may dispute the reasonableness of the proposed price, revised Delivery Schedule, performance specification, or other item under Article 27 (Dispute Resolution). In the event it is determined pursuant to such dispute resolution or by the Parties' mutual written agreement that Customer is entitled to a full or partial refund of amounts paid under this paragraph (d), Customer shall be entitled to interest on such refunded amounts, such interest running from the date of payment by Customer to the date of refund at the interest rate set forth in Article 34.10 (Calculation of Interest).
Appears in 1 contract
Samples: Satellite Purchase Contract (Xm Satellite Radio Holdings Inc)