Contractor Changes. It is anticipated that Contractor may and in certain circumstances must, by written notice, request a Change. Upon receipt of Contractor’s request and any supporting documentation reasonably requested by GEC, then within five (5) Business Days, GEC will notify Contractor of its acceptance or rejection of such request. Upon GEC’s approval of such request and agreement on the terms of an associated Change Order, Contractor may proceed with the implementation of such Change. If GEC elects not to proceed with any Change requested by Contractor resulting from a Change in Law, the discovery of Hazardous Substances or any article of value or antiquity or of archaeological or geotechnical interest, or any unforeseen or varying Site or other conditions, or event of Force Majeure, GEC shall provide written notification to Contractor to stop work; otherwise Contractor shall be entitled to continue with the work as changed and pending agreement on the changes to price, schedule and other effected provisions herein, Contractor shall be compensated on a reimbursable basis as provided in Exhibit F. If such change, discovery, condition, event or amendment increases Contractor’s cost or liabilities, or materially impacts Contractor’s ability to continue its performance hereunder, Contractor shall continue to work in other areas while formally raising its concerns on this specific issue, including use of Article 19 hereof. Contractor shall have no liability for the consequences of such election not to proceed with such Change if such option is exercised in good faith.
Appears in 2 contracts
Samples: Procurement and Construction Agreement, Engineering, Procurement and Construction Agreement (Global Energy, Inc.)
Contractor Changes. It is anticipated that Contractor may and in certain circumstances must, by written notice, request a Change. Upon receipt of Contractor’s request and any supporting documentation reasonably requested by GECOwner, then within five fifteen (515) Business Days, GEC Days Owner will notify Contractor of its acceptance or rejection of such request. Upon GECOwner’s approval of such request and agreement on the terms of an associated Change Order, Contractor may proceed with the implementation of such Change. If GEC Owner elects not to proceed with any Change requested by Contractor resulting from a Change in Law, the discovery of Hazardous Substances or any article of value or antiquity or of archaeological or geotechnical interest, or any unforeseen or varying Site or other conditions, or event of Force Majeure, GEC Owner shall provide written notification to Contractor to stop work; otherwise Contractor shall be entitled to continue with the work as changed and pending agreement on the changes to price, schedule and other effected provisions herein, Contractor shall be compensated on a the reimbursable basis as provided in Exhibit F. If such change, discovery, condition, event or amendment increases Contractor’s cost or liabilities, or materially impacts Contractor’s ability to continue its performance hereunder, Contractor shall continue as an alternative may suspend its performance hereunder or terminate this Agreement pursuant to work in other areas while formally raising its concerns on this specific issue, including use of Article 19 Section 16.3 hereof. Contractor shall have no liability for the consequences of such election not to proceed with such Change if such option is exercised in good faith.
Appears in 2 contracts
Samples: General Services Agreement (Global Energy, Inc.), General Services Agreement (Global Energy, Inc.)