Common use of Contract Adjustments Clause in Contracts

Contract Adjustments. (a) In the event of an Excusable Delay under Article 7.3 (Excusable Delay Defined), there shall be an equitable adjustment to the affected Initial City Schedules and the Acceptance Date; Contractor acknowledges and agrees the occurrence of an Excusable Delay shall not entitle Contractor to an increase in the Contract Sum unless (i) the Excusable Delay is caused directly by Owner's failure to meet its responsibilities under this Contract, including those detailed in Article 23 (Owner's Responsibilities), in which event there shall be an equitable adjustment to the Contract Sum, the pricing for such adjustment to be determined in accordance with Article 11.3 (Pricing of Changes) or (ii) the Excusable Delay is due to a zoning moratorium (de jure or de facto) or a change in the regulatory regime at the U.S. Federal Communications Commission, or state or local jurisdictions that results in treating the Terrestrial Repeater Network System materially different from PCS, cellular or other local wireless distribution systems, the effect of which is to create a materially more cumbersome, time-consuming and expensive process per Site, in which event there shall be an equitable adjustment to the Contract Sum to address the changed circumstances the Parties did not foresee, the pricing for such adjustment to be determined in accordance with Article 11.3 (Pricing of Changes). (b) In the event the U.S. Federal Communications Commission preempts state and local jurisdiction over permits, approvals and licenses and the result of such preemption is to create a materially less cumbersome, time-consuming and expensive process per Site, there shall be an equitable decrease in the Contract Sum to take into account the effect of such improved efficiencies. (c) On or before the tenth (10th) Business Day after the end of each calendar month in which Contractor asserts an event constituting an Excusable Delay, Contractor shall use commercially reasonable efforts to provide to Owner a claim for contract adjustments for Excusable Delay, detailing the delays over the prior calendar month for which Contractor claims a contract adjustment pursuant to this Article 7.5 (Contract Adjustments). Notwithstanding anything to the contrary herein, failure to make such a claim in writing to Owner within sixty (60) Calendar Days after the occurrence of an Excusable Delay shall constitute a waiver of such claim. Any adjustment made pursuant to this Article 7.5 (Contract Adjustments) shall be set forth in an Amendment to this Contract in accordance with Article 28.3 (Amendments).