Contract Price Adjustments. 13.2.1 The increase or decrease in Contract Price resulting from a change in the Work shall be a mutually accepted lump sum, properly itemized and supported by sufficient substantiating data to permit evaluation by Owner.
13.2.2 If Owner and Design-Builder disagree upon whether Design-Builder is entitled to be paid for any services required by Owner, or if there are any other disagreements over the scope of Work or proposed changes to the Work, Owner and Design-Builder shall resolve the disagreement pursuant to Article 19 hereof. As part of the negotiation process, Design-Builder shall furnish Owner with a good faith estimate of the costs to perform the disputed services in accordance with Owner’s interpretations. If the Parties are unable to agree and Owner expects Design-Builder to perform the services in accordance with Owner’s interpretations, Design-Builder shall proceed to perform the disputed services, conditioned upon Owner issuing a written order to Design-Builder (i) directing Design-Builder to proceed, and (ii) specifying Owner’s interpretation of the services that are to be performed. If this occurs, Design-Builder shall be entitled to submit in its Applications for Payment an amount equal to fifty percent (50%) of its reasonable estimated direct cost to perform the services, and Owner agrees to pay such amounts, with the express understanding that (x) such payment by Owner does not prejudice Owner’s right to argue that it has no responsibility to pay for such services, and (y) receipt of such payment by Design-Builder does not prejudice Design-Builder’s right to seek full payment of the disputed services if Owner’s order is deemed to be a change to the Work.
Contract Price Adjustments. The Contract Amount/unit price(s) will remain firm until June 30, 2024 (“Price Adjustment Date”). To request a price adjustment, the Contractor or the County must submit a written request to the other party not less than 90 days before the Price Adjustment Date. Adjustments to the Contract Amount/unit price(s) will not exceed the percentage of change in the U.S. Department of Labor Consumer Price Index, All Items, Unadjusted, Urban Areas (“CPI-U”) for the 12 months of statistics available at the time of the Contract’s renewal. Any Contract Amount/unit price(s) that result from this provision will become effective the day after the Price Adjustment Date and will be binding for 12 months. The new Price Adjustment Date will be 12 months after the price adjustment. If the Contractor and the County have not agreed on a requested adjustment by 30 days before the Price Adjustment Date, the County may not renew the Contract, whether or not the County has previously elected to renew the Contract’s term.
Contract Price Adjustments. 9.4.1 The increase or decrease in Contract Price resulting from a change in the Work shall be determined by one or more of the following methods to be determined by Department:
.1 Unit prices set forth in the Agreement or as subsequently agreed to between the parties; .2 A mutually accepted, lump sum, properly itemized and supported by sufficient substantiating data to permit evaluation by Department; .3 Costs, fees and any other markups set forth in accordance with Section 109.05 of the Division 1 Amendments; and
Contract Price Adjustments. 14.2.1 The increase or decrease in Contract Price resulting from a change in the Scope of Work shall be mutually accepted Reimbursable Costs based upon Vendor’s then applicable standard labor rates, or a lump sum, properly itemized and supported by sufficient substantiating data to permit evaluation by Owner.
14.2.2 If Owner and Vendor disagree upon whether Vendor is entitled to be paid for any services required by Owner, or if there are any other disagreements over the Scope of Work or proposed changes to the Scope of Work, Owner and Vendor shall resolve the disagreement pursuant to Article 20 hereof. As part of the negotiation process, Vendor shall furnish Owner with a good faith estimate of the costs to perform the disputed services in accordance with Owner’s interpretations. If the Parties are unable to agree and Owner expects Vendor to perform the services in accordance with Owner’s interpretations, Vendor shall proceed to perform the disputed services, conditioned upon Owner issuing a written order to Vendor (i) directing Vendor to proceed, and (ii) specifying Owner’s interpretation of the services that are to be performed. If this occurs, Vendor shall be entitled to submit in its Applications for Payment an amount equal to [*] of its reasonable time estimated to perform the services, and Owner agrees to pay such amounts, with the express understanding that (x) such payment by Owner does not prejudice Owner’s right to argue that it has no responsibility to pay for such services, and (y) receipt of such payment by Vendor does not prejudice Vendor’s right to seek full payment of the disputed services if Owner’s order is deemed to be a change to the Scope of Work.
Contract Price Adjustments a. The prices stated in Section 6.a. may be modified under Section(s) 10.b. or 10.d. below.
(1) In the event of enactment of or amendment to a federal, state, or county law, statute, rule, or regulation after June 1, 2006, (or in the case of establishment of a new Base Price under Subsection d., below, after the effective date of such new Base Price), that directly affects and changes the cost of the mining or sale of coal delivered hereunder and is assessed on a per ton basis, or changes a current assessment of a tax, fee, or other similar charge that is assessed on a per ton basis and directly affects and changes the cost of the mining or sale of coal delivered hereunder (collectively a “Law Change”), Contractor shall notify TVA of such Law Change and supply from its records such reasonable information to TVA showing the effect, if any, of the Law Change upon the cost per ton of mining or sale of coal under this contract. If a Law Change increases Contractor’s cost of mining or sale of coal provided to TVA, a contract price increase shall, subject to Subsection 10.c., be made by TVA for such Law Change effective retroactive to the date of the change in Contractor’s cost of mining or sale of coal provided to TVA that is directly attributable to such Law Change.
(1) would result in a contract price increase exceeding ten percent (10%) of the Base Price, or (ii) a combination of price adjustments under Subsection 10.b(1). and/or any other provision of this contract that collectively come into effect during any one-year period would result in a contract increase exceeding ten percent (10%) of the Base Price, then TVA may, at its sole discretion, elect not to pay such increase and may terminate the contract upon sixty (60) days’ written notice given after such an adjustment(s) is requested by Contractor. However, in lieu of termination, Contractor may elect to forgo the Base Price adjustment of coal to cover the increased portion of the cost above the aforementioned limit, in which case the contract shall remain in full force and effect.
(2) In the event of enactment of or amendment to a federal, state, or county law, statute, rule, or regulation after June 1, 2006, (or in the case of establishment of a new Base Price under Subsection d., below, after the effective date of such new Base Price), that directly affects and changes the cost of the mining or sale of coal delivered hereunder and is not assessed on a per ton basis, or changes a current assessment of...
Contract Price Adjustments. 9.4.1 The increase or decrease in Contract Price resulting from a change in the Work shall be determined by one or more of the following methods:
.1 Unit prices set forth in the Agreement or as subsequently agreed to between the parties;
.2 A mutually accepted, lump sum, properly itemized and supported by sufficient substantiating data to permit evaluation by Owner;
.3 Costs, fees and any other markups set forth in the Agreement; and
.4 If an increase or decrease cannot be agreed to as set forth in items .1 through .3 above and Owner issues a Work Change Directive, the cost of the change of the Work shall be determined by the reasonable expense and savings in the performance of the Work resulting from the change, including a reasonable overhead and profit, as may be set forth in the Agreement. If the net result of both additions and deletions to the Work is an increase in the Contract Price, overhead and profit shall be calculated on the basis of the net increase to the Contract Price. If the net result of both additions and deletions to the Work is a decrease in the Contract Price, there shall be no overhead or profit adjustment to the Contract Price. Design-Builder shall maintain a documented, itemized accounting evidencing the expenses and savings associated with such changes.
9.4.2 If unit prices are set forth in the Contract Documents or are subsequently agreed to by the parties, but application of such unit prices will cause substantial inequity to Owner or Design-Builder because of differences in the character or quantity of such unit items as originally contemplated, such unit prices shall be equitably adjusted.
9.4.3 If Owner and Design-Builder disagree upon whether Design-Builder is entitled to be paid for any services required by Owner, or if there are any other disagreements over the scope of Work or proposed changes to the Work, Owner and Design-Builder shall resolve the disagreement pursuant to Article 10 hereof. As part of the negotiation process, Design-Builder shall furnish Owner with a good faith estimate of the costs to perform the disputed services in accordance with Owner's interpretations. If the parties are unable to agree and Owner expects Design-Builder to perform the services in accordance with Owner's interpretations, Design-Builder shall proceed to perform the disputed services, conditioned upon Owner issuing a written order to Design-Builder (i) directing Design-Builder to proceed and (ii) specifying Owner's interpretation of t...
Contract Price Adjustments. 9.4.1 The increase or decrease in Contract Price resulting from a change in the Work shall be determined by one or more of the following methods:
.1 Unit prices set forth in the Agreement or as subsequently agreed to between the parties; .2 A mutually accepted, lump sum, properly itemized and supported by sufficient substantiating data to permit evaluation by Owner;
Contract Price Adjustments the Fixed Hourly Rates are increased by 7.1% per the U.S. Department of Labor Consumer Price Index, All Items, Unadjusted, Urban Areas (CPI-U) for the 12 months of statistics ending November 2022 effective March 1, 2023.
Contract Price Adjustments. 6.7.1. CM@Risk understands and agrees the increase or decrease in Contract Price resulting from a change in the Work, Differing Site Conditions, or hazardous materials that could not have been reasonably foreseen by CM@Risk, shall be determined by one or more of the following
6.7.1.1. Unit prices set forth in the Agreement or as subsequently agreed to between the parties; or
6.7.1.2. A mutually accepted, lump sum, properly itemized and supported by sufficient substantiating data to permit evaluation by City; or
6.7.1.3. Cost of the Work, General conditions costs, if applicable, and Construction fee.
6.7.2. CM@Risk understands and agrees that the markups that shall be allowed on such changes shall be no greater than the markups delineated in the approved GMP proposal as shown on Exhibit B.
6.7.3. CM@Risk understands and agrees that if an increase or decrease cannot be agreed to as set forth in Subsections 6.
7.1.1 through 6.
Contract Price Adjustments. The Contract Price will be adjusted in accordance with Section 4.10, Exhibit 4.10 and the Financial Model following the delivery of each updated Lifetime Asset Management Plan.
