Common use of Changes to Scope of Work Clause in Contracts

Changes to Scope of Work. A Party proposing a Material Change to the Work (the “Proposing Party”) shall provide the other Party (the “Recipient”) with at least fifteen (15) days’ advance notice (“Advance Notice”) of any proposed Material Change to the Work before implementing such Material Change. If legal or regulatory compliance requirements, safety considerations, or other exigent circumstances make providing Advance Notice impractical, notice of the Material Change shall be provided by the Proposing Party to the Recipient as soon as reasonably practicable under the circumstances. Any Advance Notice given by the Proposing Party to the Recipientshall include a good faith estimate of the impact of the Material Change on the Estimated Milestone Schedule and an explanation of why such Material Change is being proposed. If the Recipient notifies the Proposing Party within such fifteen (15) day period that the proposed Material Change is not accepted (the “Response Notice”), the consent of the Recipient shall be required in order for the proposed Material Change to be implemented. If the Recipient does not respond to the Advance Notice within such fifteen (15) day period, the Recipient’s consent to the implementation of the Material Change shall be deemed to have been given. Notwithstanding anything to the contrary above, if the Material Change: (a) is made in order to comply with Good Utility Practice; (b) is required to accommodate a change in the Recipient’s Work; (c) is necessary to comply with applicable law, regulation, or order (including the Certificate); (d) is at the direction of any monitor required under the Certificate (e.g., environmental monitor) or an Agency representative; (e) is necessary to return facilities to service per applicable standards; or (f) is necessary to address safety considerations, the Recipient’s consent shall not be required. A change to the Work that is not a Material Change is not subject to the Advance Notice or consent provisions above. For the avoidance of doubt, the good faith estimates of cost and/or of delay in the EstimatedMilestone Schedule anticipated to result from a change to the Work, as estimated by the Party contemplating such change, shall be dispositive for the purpose of determining whether such change is a Material Change, but neither Party shall be deemed in breach of this Section, or limited in the recovery of costs under the terms of this Agreement, if any such good faith estimate differs from the actual cost or the actual delay in theWork schedule arising from such change of Work. The provisions of this Section 3.4 shall not excuse the Parties from providing any required notification to DPS staff or otherwise obtaining approval from DPS staff or the PSC for such changes to the Work as required by the Certificate. Any continued dispute regarding any necessary consent or any other aspect of a notice given by either Party with regard to changes to the Work shall be resolved as described in Section 19.0 below.

Changes to Scope of Work. A Party proposing a Material Change to the Work (the “Proposing Party”) shall provide the other Party (the “Recipient”) with at least fifteen (15) days’ advance notice (“Advance Notice”) of any proposed Material Change to the Work before implementing such Material Change. If legal or regulatory compliance requirements, safety considerations, or other exigent circumstances make providing Advance Notice impractical, notice of the Material Change shall be provided by the Proposing Party to the Recipient as soon as reasonably practicable under the circumstances. Any Advance Notice given by the Proposing Party to the Recipientshall Recipient shall include a good faith estimate of the impact of the Material Change on the Estimated Milestone Schedule and an explanation of why such Material Change is being proposed. If the Recipient notifies the Proposing Party within such fifteen (15) day period that the proposed Material Change is not accepted (the “Response Notice”), the consent of the Recipient shall be required in order for the proposed Material Change to be implemented. If the Recipient does not respond to the Advance Notice within such fifteen (15) day period, the Recipient’s consent to the implementation of the Material Change shall be deemed to have been given. Notwithstanding anything to the contrary above, if the Material Change: (a) is made in order to comply with Good Utility Practice; (b) is required to accommodate a change in the Recipient’s Work; (c) is necessary to comply with applicable law, regulation, or order (including the Certificate); (d) is at the direction of any monitor required under the Certificate (e.g., environmental monitor) or an Agency representative; (e) is necessary to return facilities to service per applicable standards; or (f) is necessary to address safety considerations, the Recipient’s consent shall not be required. A change to the Work that is not a Material Change is not subject to the Advance Notice or consent provisions above. For the avoidance of doubt, the good faith estimates of cost and/or of delay in the EstimatedMilestone Estimated Milestone Schedule anticipated to result from a change to the Work, as estimated by the Party contemplating such change, shall be dispositive for the purpose of determining whether such change is a Material Change, but neither Party shall be deemed in breach of this Section, or limited in the recovery of costs under the terms of this Agreement, if any such good faith estimate differs from the actual cost or the actual delay in theWork the Work schedule arising from such change of Work. The provisions of this Section 3.4 shall not excuse the Parties from providing any required notification to DPS staff or otherwise obtaining approval from DPS staff or the PSC for such changes to the Work as required by the Certificate. Any continued dispute regarding any necessary consent or any other aspect of a notice given by either Party with regard to changes to the Work shall be resolved as described in Section 19.0 below.

Changes to Scope of Work. A Party proposing a Material Change to the Work (the “Proposing Party”) shall provide the other Party (the “Recipient”) with at least fifteen (15) days’ advance notice (“Advance Notice”) of any proposed Material Change to the Work before implementing such Material Change. If legal or regulatory compliance requirements, safety considerations, or other exigent circumstances make providing Advance Notice impractical, notice of the Material Change shall be provided by the Proposing Party to the Recipient as soon as reasonably practicable under the circumstances. Any Advance Notice given by the Proposing Party to the Recipientshall Recipient shall include a good faith estimate of the impact of the Material Change on the Estimated Milestone Schedule and an explanation of why such Material Change is being proposed. If the Recipient notifies the Proposing Party within such fifteen (15) day period that the proposed Material Change is not accepted (the “Response Notice”), the consent of the Recipient shall be required in order for the proposed Material Change to be implemented. If the Recipient does not respond to the Advance Notice within such fifteen (15) day period, the Recipient’s consent to the implementation of the Material Change shall be deemed to have been given. Notwithstanding anything to the contrary above, if the Material Change: (a) is made in order to comply with Good Utility Practice; (b) is required to accommodate a change in the Recipient’s Work; (c) is necessary to comply with applicable law, regulation, or order (including the Certificate); (d) is at the direction of any monitor required under the Certificate (e.g., environmental monitor) or an Agency representative; (e) is necessary to return facilities to service per applicable standards; or (f) is necessary to address safety considerations, the Recipient’s consent shall not be required. A change to the Work that is not a Material Change is not subject to the Advance Notice or consent provisions above. For the avoidance of doubt, the good faith estimates of cost and/or of delay in the EstimatedMilestone Schedule anticipated to result from a change to the Work, as estimated by the Party contemplating such change, shall be dispositive for the purpose of determining whether such change is a Material Change, but neither Party shall be deemed in breach of this Section, or limited in the recovery of costs under the terms of this Agreement, if any such good faith estimate differs from the actual cost or the actual delay in theWork schedule arising from such change of Work. The provisions of this Section 3.4 shall not excuse the Parties from providing any required notification to DPS staff or otherwise obtaining approval from DPS staff or the PSC for such changes to the Work as required by the Certificate. Any continued dispute regarding any necessary consent or any other aspect of a notice given by either Party with regard to changes to the Work shall be resolved as described in Section 19.0 below.or

Changes to Scope of Work. A Party proposing a Material Change to the Work (the “Proposing Party”) shall provide the other Party (the “Recipient”) with at least fifteen (15) days’ advance notice (“Advance Notice”) of any proposed Material Change to the Work before implementing such Material Change. If legal or regulatory compliance requirements, safety considerations, or other exigent circumstances make providing Advance Notice impractical, notice of the Material Change shall be provided by the Proposing Party to the Recipient as soon as reasonably practicable under the circumstances. Any Advance Notice given by the Proposing Party to the Recipientshall include a good faith estimate of the impact of the Material Change on the Estimated Milestone Schedule and an explanation of why such Material Change is being proposed. If the Recipient notifies the Proposing Party within such fifteen (15) day period that the proposed Material Change is not accepted (the “Response Notice”), the consent of the Recipient shall be required in order for the proposed Material Change to be implemented. If the Recipient does not respond to the Advance Notice within such fifteen (15) day period, the Recipient’s consent to the implementation of the Material Change shall be deemed to have been given. Notwithstanding anything to the contrary above, if the Material Change: (a) is made in order to comply with Good Utility Practice; (b) is required to accommodate a change in the Recipient’s Work; (c) is necessary to comply with applicable law, regulation, or order (including the Certificate); (d) is at the direction of any monitor required under the Certificate (e.g., environmental monitor) or an Agency representative; (e) is necessary to return facilities to service per applicable standards; or (f) is necessary to address safety considerations, the Recipient’s consent shall not be required. A change to the Work that is not a Material Change is not subject to the Advance Notice or consent provisions above. For the avoidance of doubt, the good faith estimates of cost and/or of delay in the EstimatedMilestone Schedule anticipated to result from a change to the Work, as estimated by the Party contemplating such change, shall be dispositive for the purpose of determining whether such change is a Material Change, but neither Party shall be deemed in breach of this Section, or limited in the recovery of costs under the terms of this Agreement, if any such good faith estimate differs from the actual cost or the actual delay in theWork schedule arising from such change of Work. The provisions of this Section 3.4 shall not excuse the Parties from providing any required notification to DPS staff or otherwise obtaining approval from DPS staff or the PSC for such changes to the Work as required by the Certificate. Any continued dispute regarding any necessary consent or any other aspect of a notice given by either Party with regard to changes to the Work shall be resolved as described in Section 19.0 below.or