Claims Based on Defects Sample Clauses

Claims Based on Defects. 对瑕疵或缺陷产品的索赔 9.1 The provisions of statute relating to defects as to quality and defects of title apply except insofar as otherwise provided hereinbelow. 除非下文另有规定，法律对质量瑕疵或缺陷和权利瑕疵的相关规定应当予以适用。 9.2 We have the right to select the type of supplementary performance. The supplier may refuse the type of supplementary performance we selected if it is only possible at disproportionate expense. 我方有权选择继续履行的方式。供应商有权拒绝我方选择的继续履行的方式，如果我方选择的方式导致供应商承担不合理的费用。 9.3 In the event that the supplier does not commence rectifying the defect immediately after our request to remedy it, in urgent cases, especially to ward off acute danger or to prevent greater damage, we are entitled to undertake such rectification ourselves or to have it undertaken by a third party at the expense of the supplier. 如果供应商没有在我方要求其修正瑕疵或缺陷后立刻开始修正该等瑕疵或缺陷，则在紧急情况下，尤其是为了避免濒临的风险或防止损失，我方有权自行或通过第三方修正该等瑕疵或缺陷，相关费用由供应商承担。 9.4 In case of defects of title, the supplier shall also hold us harmless from any third party claims possibly existing, unless the supplier is not accountable for the defect of title. 如存在权利瑕疵，供应商应使我方免受任何第三方可能存在的索赔，除非供应商对该权利瑕疵没有责任。 9.5 Except as otherwise expressly agreed, the warranty period for any defect of Products provided by the Supplier shall be no less than 3 years from the date of completion of provision and commission for Products. 除非另行约定，供应商对所供应的产品的任何瑕疵或缺陷的保修期不得低于 3 年，从产品供货及调试完成之日起算。 9.6 If the supplier performs its obligation to effect supplementary performance by Supplying a substitute product, the statute of limitations of the goods delivered in substitution shall start to run anew after delivery thereof unless, when effecting the supplementary performance, the supplier explicitly and appropriately made the reservation that the substitute delivery was effected purely as good will, to avoid disputes or in the interests of continuation of the delivery relationship. 如果供应商以更换产品的方式履行自己的继续履行合同义务，则替代交付的产品的保修期自交付日起重新计算，除非在实施继续履行时，供应商明确并适当作出以下保留，替代交付仅为保持声誉、避免纠纷或为了交货关系的持续。 9.7 Should we incur expenses as a result of the defective delivery of the Product, in particular transport, carriage, labor costs, assembly and disassembly costs, costs of material or costs of incoming goods control exceeding the normal scope of the control, such costs shall be borne by the supplier. 如我方因瑕疵或缺陷产品的交付而发生费用，尤其是交通费、运费、劳务成本、组装和拆装成本、材料成本或因对购进货物的控制高于正常控制范围而发生的成本，都应由供应商承担。 9.8 The supplier is accountable for the fault of its sub-suppliers as it is for its own fault. 供应商应当将其分包商的过错视为自身的过错并承担责任。
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Claims Based on Defects. 9.1. The provisions of statute relating to defects as to quality and defects of title apply except insofar as not otherwise provided herein below. 9.2. We have the right to select the type of supplementary performance. Place of the performance shall be the intended location of the product. This is the place where the Product is located at the time of the claim based on defects. The supplier may refuse the type of supplementary performance we selected if it is only possible at disproportionate expense. 9.3. In the event that the supplier does not commence rectifying the defect after our request to remedy it, in urgent cases, after a reasonably short period of time for remedy, especially to xxxx off acute danger or to prevent greater damage, we are entitled to undertake such rectification ourselves or to have it undertaken by a third party at the expense of the supplier. 9.4. The supplier shall also hold us harmless from any claims by third parties based on the violation of third-party rights by the product, unless the supplier can prove that itis not accountable for the violation. Additionally, the supplier shall, upon request, immediately provide us with the information and documents on his services required for the defense against such third-party claims. 9.5. The limitation period for indemnity claims is 3 years. The limitation period for indemnity claims begins at the end of the year in which the claim arose and we became aware of the circumstances justifying the claim and of the debtor’s person or should have become aware of them without gross negligence. Any longer statutory limitation periods shall take precedence. This also applies to the aforementioned additional claim to information and documents. 9.6. The limitation period for l defect as to quality claims is 3 years – except in cases of fraudulent misrepresentation – unless the product has been used in a building construction in accordance with its customary use and caused the defectiveness thereof. The limitation period commences when the product is delivered (passing of risk). Any longer statutory limitation periods shall take precedence. 9.7. For claims based on defects of title, the provisions of 9.5 (limitation period for indemnity claims) shall apply accordingly. Any longer statutory limitation periods shall take precedence. 9.8. If the supplier performs its obligation to effect supplementary performance by supplying a substitute product, the statute of limitations of the goods delivered i...
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Claims Based on Defects. 9.1 The provisions of statute relating to defects as to quality and defects of title apply except insofar as otherwise provided hereinbelow. 9.2 We have the right to select the type of supplementary performance. Place of the performance shall be the intended location of the product. This is the place where the Product is located at the time of the claim based on defects. The supplier may refuse the type of supplementary performance we selected if it is only possible at disproportionate expense.
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Claims Based on Defects. 8.1 Acceptance is subject to the reservation of an examination for faultlessness, in particular also including accuracy and completeness, insofar and as soon as this is pertinent in the ordinary course of business. We will give notice of any defects found without undue delay after their discovery. To this extent the supplier waives the objection to delayed notification of defects. Xxxxxxxxxxxxx 00 D-06120 Halle (Saale) CEO: Xx. Xxxx Xxxxx T +00 000 000000-0 F +00 000 000000-0 xxxx@xxxxxxxx.xxx xxx.xxxxxxxx.xxx UStID/VAT: DE246232735 BIC/SWIFT: XXXXXXXX000 IBAN: XX00000000000000000000 page 1 of 3 8.2 The provisions of statute relating to defects as to quality and defects of title apply except insofar as otherwise provided herein below. 8.3 In principle we have the right to select the type of supplementary performance. The supplier may refuse the type of supplementary performance we selected if it is only possible at disproportionate expense. 8.4 In the event that the supplier does not commence rectifying the defect immediately after our request to remedy it, in urgent cases, especially to xxxx off acute danger or to prevent greater damage, we are entitled to undertake such rectification ourselves or to have it undertaken by a third party at the expense of the supplier. 8.5 In case of defects of title, the supplier shall also hold us harmless from any third party claims possibly existing, unless the supplier is not accountable for the defect of title. 8.6 The limitation period for claims based on defects is 3 years – except in cases of fraudulent misrepresentation – unless the thing has been used in accordance with its customary use and caused the defectiveness thereof. The limitation period commences when the Product is delivered (passing of risk). 8.7 If the supplier performs its obligation to effect supplementary performance by supplying a substitute product, the statute of limitations of the goods delivered in substitution shall start to run anew after delivery thereof unless, when effecting the supplementary performance, the supplier explicitly and appropriately made the reservation that the substitute delivery was effected purely as good will, to avoid disputes or in the interests of continuation of the delivery relationship. 8.8 Should we incur expenses as a result of the defective delivery of the Product, in particular transport, carriage, labor costs, assembly and disassembly costs, costs of material or costs of incoming goods control exceeding the ...
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Claims Based on Defects. 1. Subsequent to the acceptance of the Service, XXXX’x liability for defects in the Service shall oblige XXXX to rectify such defects to the exclusion of any and all other claims of the Customer notwithstanding no. 8 and no. 9 and section X. 2. The rectification of defects shall neither include the removal of the defective Serviced Object nor its re-installation unless XXXX was originally obliged to install the Serviced Object. 3. The Customer shall promptly notify XXXX in writing if a defect is discovered. If the Customer fails to comply with this obligation, the Service shall be deemed approved. 4. XXXX shall not be liable if the defect is immaterial for the Customer’s interests or is due to a circumstance for which the Customer is responsible, including but not limited to parts supplied by the Customer. 5. Any modifications or repairs improperly made by the Customer or a third party without XXXX’x prior consent shall release XXXX from any liability for the consequences thereof. The Customer may only rectify defects itself or have the defect rectified by a third party and claim reimbursement from XXXX of the necessary expenses as provided for by the statutory regulations, in urgent cases of an operational safety hazard and/or in order to prevent a disproportionately high loss or damage, in which case XXXX shall be informed thereof immediately, or if XXXX – taking the statutory exceptions into account – has allowed a reasonable period set for the rectification of defects to lapse without effect. 6. In case of a justified complaint, XXXX shall bear the costs of the subsequent performance, including but not limited to the costs of transport, travelling, labour and material (not, however, the costs of removal and installation in the case described in section IX.2), unless this would create a disproportionately high burden to XXXX. 7. If the Customer demands rectification of a defect and that demand turns out to be unjustified, XXXX may claim reimbursement from the Customer of the costs incurred by XXXX as a result. 8. If XXXX – taking the statutory exceptions into account – allows an appropriate time that has been set for rectifying a defect to lapse without effect, the Customer shall have a right to reduce the price as provided for by the statutory regulations. The Customer shall only have a right to withdraw from the contract if the Customer can demonstrate that despite the price reduction, the Service is of no interest to it. 9. Any further claims shall b...
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Claims Based on Defects. 8.1. An examination of the goods is conducted by us at incoming goods only to establish whether there is any obvious damage, in particular transport damage and discrepancies in terms of the identity or quantity of the delivery, except as otherwise agreed with you in a Quality Assurance Agreement. We will give notice of any defects found without undue delay after their discovery. To this extent the supplier waives the objection to delayed notification of defects. 8.2. The provisions of statute relating to defects as to quality and defects of title apply except insofar as otherwise provided hereinbelow. 8.3. In principle, we have the right to select the type of supplementary performance. The supplier may refuse the type of supplementary performance we selected if it is only possible at disproportionate expense. 8.4. In the event that the supplier does not commence rectifying
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Claims Based on Defects. Our warranty covers material defects and defects in title found in the delivery as follows, to the exclusion of further claims –subject to Section X–, provided that the purchasing party fulfils its payment obligations, in which case said party may retain a reasonable sum, to be specified by us, due to the existence of defects. Furthermore, the purchasing party must fulfil its requirement to make a complaint in regard to a defect immediately upon receipt of goods, pursuant to Sec. 377 of the German Commercial Code. 1. All parts that are defective as a result of a circumstance occurring before the transfer of risk shall be repaired free of charge or shall be replaced, free of charge, with an equivalent that is free of defects, whichever is chosen by us. The discovery of said defects must be notified to us immediately in writing. Any replaced parts will become our property. 2. Following an agreement with us, the purchasing party shall give us the necessary time and opportunity to perform all repairs and replacements that we deem necessary; otherwise, we shall be released from liability for any resulting consequences. The purchasing party shall have the right to fix the defect by itself or through third parties and to demand a reimbursement for the required expenses only in particularly urgent cases in which an inevitable operational safety hazard is posed or in order to xxxx off disproportionately large damages, in which case we must be notified immediately. The purchasing party shall carry the burden of proof of said necessity in this respect. 3. Out of the direct costs incurred as a result of the repairs or replacement, we will cover the costs for the replacement unit, provided that the complaint turns out to be legitimate. 4. Within the scope of the applicable legal regulations, the purchasing party shall be entitled to withdraw from the contract if we allow a reasonable period for repairs or for the provision of a replacement to elapse without performing said actions –under consideration of all legal exceptions–. In any case, we shall be entitled to at least a second attempt at remedying any material defects. If the only defect found is negligible, the purchasing party shall be entitled solely to a reduction in price. The right to a reduction in price is otherwise barred. Further claims shall be governed by Paragraph X.2. of these terms and conditions. 5. We assume no responsibility in the event of the following: Inappropriate or improper use; faulty asse...
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Claims Based on Defects. 8.1. An examination of the goods is conducted by us at incoming goods only to establish whether there is any obvious damage, in particular transport damage and discrepancies in terms of the identity or quantity of the delivery, except as otherwise agreed with you in a Quality Assurance Agreement. We will give notice of any defects found without undue delay after their discovery. To this extent the supplier waives the objection to delayed notification of defects. 8.2. The provisions of statute relating to defects as to quality and defects of title apply except insofar as otherwise provided hereinbelow. 8.3. In principle, we have the right to select the type of supplementary performance. The supplier may refuse the type of supplementary performance we selected if it is only possible at disproportionate expense. 8.4. In the event that the supplier does not commence rectifying the defect immediately after our request to remedy it, in urgent cases, especially to xxxx off acute danger or to prevent greater damage, we are entitled to undertake such rectification ourselves or to have it undertaken by a third party at the expense of the supplier.
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Related to Claims Based on Defects

  • Remedies for Title Defects (a) With respect to each Title Defect that Seller does not cure on or before the Closing, except as otherwise provided in this Section 3.05, the Purchase Price shall be reduced by an amount equal to the Title Defect Value agreed upon in writing by Buyer and Seller or, if Buyer agrees, Seller shall indemnify Buyer pursuant to Section 14.04 against all costs which Buyer may incur in connection with such Title Defect. If any Title Defect is in the nature of an unobtained consent to assignment or other restriction on assignability, the provisions of Section 3.08 shall apply. (b) Except for those affected Assets which Seller elects to exclude from this transaction pursuant to Section 3.04(b)(ii), if on or before Closing the Parties have not agreed upon the validity of any asserted Title Defect or have not agreed on the Title Defect Value attributable thereto, either Party shall have the right to elect to have the validity of such Title Defect and/or such Title Defect Value determined by an Independent Expert pursuant to Section 16.03; provided that if the validity of any asserted Title Defect, or the Title Defect Value attributable thereto, is not determined before Closing, the affected Asset shall be excluded from the sale and the Purchase Price shall be reduced by the Allocated Value of such affected Asset as set forth on Exhibit C. Upon resolution of such dispute, the Allocated Value of that Asset less the Title Defect Value, if any, found to be attributable to such Title Defect shall, subject to this Section 3.05, be paid by Buyer to Seller and the Asset conveyed to Buyer, if that is part of the mutually agreed settlement. (c) Notwithstanding anything to the contrary in this Agreement, (i) if the value of a given individual Title Defect (or individual Title Benefit (as defined in Section 3.09(a)) does not exceed $50,000 then no adjustment to the Purchase Price shall be made for such Title Defect (or Title Benefit), (ii) if the aggregate adjustment to the Purchase Price determined in accordance with this Agreement for Title Defects and Environmental Defects (as hereinafter defined) does not exceed three percent (3%) of the Purchase Price prior to any adjustments thereto, then no adjustment of the Purchase Price shall be made therefor and (iii) if the aggregate adjustment to the Purchase Price determined in accordance with this Agreement for Title Defects and Environmental Defects does exceed three percent (3%) of the Purchase Price prior to any adjustments thereto, then the Purchase Price shall only be adjusted by the amount of such excess.

  • CLAIMS FOR DAMAGES 7.4.1 Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the other party or of any of his / her employees, agents or others for whose acts he / she is legally liable, claim shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage.

  • Title Defects 9.1 Purchaser shall have until April 21, 1999 in which to examine the Commitment and the Surveys. If Purchaser finds title to be defective, Purchaser shall, no later than 5:00 p.m. Eastern time on April 21, 1999, notify Seller in writing, specifying the title defect(s). If Purchaser fails to give Seller written notice of any title defect(s) before 5:00 p.m. Eastern time on April 21, 1999, the defects shown in the Commitment or the Surveys shall be deemed to be waived as title objections to closing this transaction. 9.2 If Purchaser has given Seller timely written notice of defect(s) and the defect(s) render the title other than as represented in this Agreement or if any new defects appear from the date of the Commitment through the Closing Date, Seller shall use commercially reasonable efforts to cause only those defects recorded after October 7, 1997 to be cured by the Closing Date. Seller agrees to remove, by payment, bonding or otherwise, any such lien (other than environmental liens) against the Property capable of removal by the payment of money or bonding. Seller shall not be obligated to (but may, in its sole and absolute discretion) cure any other defect or to buyout or settle any other claim or lien against the Property. At Seller's option, the Closing Date may be extended for a period not to exceed sixty (60) days for purposes of eliminating such title defects. If such additional time is reasonably required by Seller to cure such title defects, Seller's failure to extend the Closing Date shall be commercially unreasonable. 9.3 If Seller does not eliminate such defects as of the Closing Date, as the same may be extended under the preceding sentence, or if any new "title defects" appear between the date of the Commitment through the Closing Date which Seller does not eliminate as of the Closing Date, Purchaser shall have the option to: 9.3.1 Close and accept the title "as is," without reduction in the Purchase Price and without claim against Seller for such title defects (except for any lien that Seller is required to cure pursuant to Section 9.2 that can be removed by the payment of money or bonding, for which credit shall be given Purchaser at the Closing unless Seller pays the same at the Closing) (and in such event, the Closing shall take place on the Closing Date); or 9.3.2 Cancel this Agreement, whereupon Escrow Agent, subject to the provisions of Section 11.3, shall return the Deposit, together with all interest earned thereon, to Purchaser, and both parties shall be released from all further obligations under this Agreement, except for those which expressly survive such termination, unless such title defects were caused by Seller's willful act or willful omission, in which event Seller shall remain liable to Purchaser for damages caused by such title defects.

  • Cost of remedying Defects Any repair or rectification undertaken in accordance with the provisions of Clause 17.2, including any additional testing, shall be carried out by the Contractor at its own risk and cost, to the extent that such rectification or repair is attributable to: (a) the design of the Project; (b) Plant, Materials or workmanship not being in accordance with this Agreement and the Specifications and Standards; (c) improper maintenance during construction of the Project Highway by the Contractor; and/ or (d) failure by the Contractor to comply with any other obligation under this Agreement.

  • Claims for Additional Time If the Contractor wishes to make a Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor’s Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary.

  • Remedies for Environmental Defects (a) If any Environmental Defect described in a notice delivered in accordance with Section 4.03 is not cured on or before the Closing, and Seller has not elected to exclude the affected Assets from this sale or Buyer and Seller have not agreed for Seller to indemnify Buyer for the Environmental Defect, then the Purchase Price shall be reduced by the Environmental Defect Value of such Environmental Defect as agreed by the Parties. (b) If Buyer and Seller have not agreed as to the validity of any asserted Environmental Defect, or if the Parties have not agreed on the Environmental Defect Value therefor, and if Seller shall not have elected to exclude the affected Assets from this sale pursuant to Section 4.03(b)(ii), then either Party shall have the right to elect to have the validity of the asserted Environmental Defect, and/or the Environmental Defect Value for such Environmental Defect, determined by an Independent Expert pursuant to Section 16.03. If the validity of any such asserted Environmental Defect or the amount of any such Environmental Defect Value is not determined by the Closing, the Asset affected by such disputed Environmental Defect shall be excluded from the Closing and the Purchase Price paid at the Closing shall be reduced by the Allocated Value of that Asset. Upon resolution of such dispute, the Allocated Value of that Asset less the Environmental Defect Value, if any, found to be attributable to such Environmental Defect shall, subject to this Section 4.04, be paid by Buyer to Seller and the Asset conveyed to Buyer, if that is part of the mutually agreed settlement. Notwithstanding the foregoing, either Buyer or Seller shall have the right to exclude an Asset from the sale if the Environmental Defect Value exceeds the Allocated Value of the Asset(s) affected thereby. (c) Notwithstanding anything to the contrary in this Agreement, (i) if the Environmental Defect Value for a given individual Environmental Defect does not exceed $50,000, then no adjustment to the Purchase Price shall be made for such Environmental Defect; (ii) if the aggregate adjustment to the Purchase Price determined in accordance with this Agreement for Title Defects and Environmental Defects does not exceed three percent (3%) of the Purchase Price prior to any adjustments thereto, then no adjustment of the Purchase Price shall be made therefore and (iii) if the aggregate adjustment to the Purchase Price determined in accordance with this Agreement for Title Defects and Environmental Defects does exceed three percent (3%) of the Purchase Price prior to any adjustments thereto, then the Purchase Price shall only be adjusted by the amount of such excess.

  • Environmental Defects If Buyer determines that with respect to the Asset there exists an Environmental Condition (other than with respect to asbestos, asbestos containing materials, or NORM, and excluding any matter set forth on Schedule 6.10) (in each case, an “Environmental Defect”), then on or prior to the Defect Claim Date, Buyer may give Seller a written notice of such Environmental Defect that sets forth the information required by this Section 3.17 (an “Environmental Defect Notice”). For all purposes of this Agreement and notwithstanding anything herein to the contrary, Buyer shall be deemed to have waived any Environmental Defect that Buyer fails to timely and properly assert as an Environmental Defect by an Environmental Defect Notice received by Seller on or before the Defect Claim Date. To be effective, an Environmental Defect Notice must set forth (a) a clear description of the matter constituting the alleged Environmental Defect, (b) a description of each Asset (or portion thereof) affected by the alleged Environmental Defect, (c) the estimated proportionate share attributable to the Assets of the estimated Lowest Cost Response to eliminate the alleged Environmental Defect (the “Environmental Defect Amount”), and (d) supporting documents and reasonably necessary for Seller to verify the existence of the alleged Environmental Defect and the Environmental Defect Amount. Buyer shall furnish Seller, on or before the end of each calendar week prior to the Defect Claim Date, Environmental Defect Notices with respect to any Environmental Defects that any of Buyer’s or any of its Affiliate’s employees, representatives, attorneys, or other environmental personnel or contractors discover or become aware of during the preceding calendar week, which notice may be preliminary in nature and supplemented prior to the Defect Claim Date; provided that notwithstanding this sentence, any Environmental Defect Notice shall be deemed timely if received by Seller prior to the Defect Claim Date.

  • Latent Defects Notwithstanding anything to the contrary set forth herein, no acceptance, or deemed acceptance, by City pursuant to this Section shall be applicable with respect to any Latent Defects. An acceptance, or deemed acceptance, by City pursuant to this Section shall not mean that City has accepted, or the other party has been relieved of, responsibility for: (i) compliance with the Laws; (ii) the proper application of construction means or methods; or (iii) correcting any portion of the Project if it later is determined that any portion of the Project is inconsistent with the Final Documents and Drawings.

  • Warranty Claims 8.1 The Supplier shall be obliged to inspect the quantity and the quality of the goods before delivery. 8.2 We shall have no duty to inspect the goods nor to notify any detected defects within a specific time period. In any event, a warranty claim will be timely made if raised prior to the expiration of the warranty period set forth in sub- clause 8.7 hereof. 8.3 We are entitled to demand, at our discretion, that the Supplier either replace defective goods or remedy the defect. The Supplier may only refuse the form of supplementary performance we have chosen on the grounds of dispropor- tionate cost where such costs would exceed the value of the goods in defect-free condition. 8.4 The Supplier warrants that the supplied goods are free of any fault or defect, whether of design, workmanship or materials. 8.5 Where supplementary performance fails, we are entitled to withdraw from the contract according to applicable law. Supplementary performance shall be deemed to have failed after one unsuccessful attempt, provided that the type of product or defect does not indicate that we are required to accept a further attempt at supplementary perfor- xxxxx. 8.6 We are entitled to remedy defects ourselves or to have them remedied at the expense of the Supplier, or to under- take shortfall purchases, where exigency or particular urgency applies and it is no longer possible to notify the Sup- plier with a deadline because of such particular urgency. 8.7 The Supplier shall be liable for any breach of the warranties if, within 18 months after the delivery date, we give no- xxxx in writing to the Supplier of any defect in the goods which shall arise from faulty design, materials or xxxxxxx- ship. This warranty period starts upon delivery of the goods and shall be suspended while the Supplier attempts supplementary performance. With respect to replaced or repaired goods, a new warranty period shall commence upon delivery of the replaced or repaired goods. 8.8 We expressly reserve the right to claim damages under applicable law. Warranty disclaimers and/or limitations of li- ability on the part of the Supplier do not apply. The foregoing warranties shall be without prejudice to any other rights and remedies available to us. 8.9 The Supplier indemnifies and holds us harmless against third party claims in connection with defective, delayed or in other manners faulty delivery, including court and attorney fees.

  • CLAIMS FOR ADDITIONAL COST 12.3.1 If the Contractor wishes to make a claim for an increase in the Contract Sum, he shall give the Architect written notice thereof within twenty days after the occurrence of the event giving rise to such claim. This notice shall be given by the Contractor before proceeding to execute the Work, except in an emergency endangering life or property in which case the Contractor shall proceed in accordance with Paragraph 10.3 of these General Conditions. No such claim shall be valid unless so made. If the State and the Contractor cannot agree on the amount of the adjustment in the Contract Sum, it shall be determined by the Architect. Any change in the Contract Sum resulting from such claim shall be authorized by Change Order. 12.3.2 If the Contractor claims that additional cost is involved because of, but not limited to, (1) any order by the State to stop the Work pursuant to Paragraph 3.3 of these General Conditions where the Contractor was not at fault, or (2) failure of payment by the State pursuant to Paragraph 9.7(of these General Conditions), the Contractor shall make such claim as provided in Subparagraph 12.3.1 of this agreement. 12.3.3 The Architect will have authority to order minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the State and Contractor within 10 days unless the Contractor or the State objects to the change in writing.

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