Common use of Contractor’s Delivery of Estimate Clause in Contracts

Contractor’s Delivery of Estimate. As soon as practicable and in any event not more than 15 Business Days after receipt of a Change Order Enquiry, or such longer period as the parties acting reasonably mutually agree, the Contractor shall deliver to the Province an Estimate prepared in accordance with and meeting the requirements of Section 3.3. If the Contractor is of the reasonable opinion that the accuracy of the Estimate will benefit from certain third party design work or third party detailed cost estimating (excluding design work or detailed cost estimating done by the subcontractors listed in Schedule 17 (Subcontractors)) (the “Third Party Input”), the Contractor may propose to the Province that the Third Party Input be arranged by the Contractor at the Province’s expense. If the Province gives its written agreement to such proposal, which written agreement may be expressly subject to any terms and conditions that the Province deems appropriate, then such Third Party Input expenses shall be paid by the Province whether or not the Change Order Enquiry is ultimately withdrawn, or deemed to have been withdrawn, by the Province. In deciding to give its written agreement, the Province shall give consideration to the reasonableness of the Third Party Input expenses and the reasonableness of the assurances given by the Contractor that the sum of the Estimate with the Third Party Input plus the Third Party Input expenses may be materially less than an Estimate without the Third Party Input.

Appears in 3 contracts

Samples: DBFM Agreement, Change Order, Change Order Agreement

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Contractor’s Delivery of Estimate. As soon as practicable and in any event not more than 15 Business Days after receipt of a Change Order Enquiry, or such longer period as the parties parties, acting reasonably reasonably, mutually agree, the Contractor shall deliver to the Province an Estimate prepared in accordance with and meeting the requirements of Section 3.3. If the Contractor is of the reasonable opinion that the accuracy of the Estimate will benefit from certain third party design work or third party detailed cost estimating (excluding design work or detailed cost estimating done by the subcontractors listed in Schedule 17 (Subcontractors)) (the “Third Party Input”), the Contractor may propose to the Province that the Third Party Input be arranged by the Contractor at the Province’s expense. If the Province gives its written agreement to such proposal, which written agreement may be expressly subject to any terms and conditions that the Province deems appropriate, then such Third Party Input expenses shall be paid by the Province whether or not the Change Order Enquiry is ultimately withdrawn, or deemed to have been withdrawn, by the Province. In deciding to give its written agreement, the Province shall give consideration to the reasonableness of the Third Party Input expenses and the reasonableness of the assurances given by the Contractor that the sum of the Estimate with the Third Party Input plus the Third Party Input expenses may be materially less than an Estimate without the Third Party Input.

Appears in 2 contracts

Samples: Change Order Agreement, Change Order Agreement

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