DBOM Contractor Replacement of Excluded Project Equipment and Structures Sample Clauses

DBOM Contractor Replacement of Excluded Project Equipment and Structures. The DBOM Contractor shall consult with the BWS and the Project Manager concerning possible means of addressing any proposed replacements of Excluded Project Equipment and Structures, and the DBOM Contractor and the BWS will cooperate in order to minimize any delay or interference with the performance of the Operation Services and lessen any additional cost associated with the replacements of any Excluded Project Equipment and Structures. Any agreement upon the scope and cost associated with any replacements of Excluded Project Equipment and Structures pursuant to this subsection shall be reflected in a Change Order or a Contract Administration Memorandum, as applicable, which shall set forth the payment terms thereof, which shall be payable under the Reimbursable Costs Charge of the Service Fee. Following the performance of replacement of any Excluded Project Equipment and Structures by the DBOM Contractor in accordance with this subsection, the DBOM Contractor may submit a certified requisition to the BWS for the payment as part of its invoice for the Service Fee in accordance with Section 15.10 (Billing and Payment). The DBOM Contractor’s certified requisitions shall state that the DBOM Contractor has incurred costs for amounts paid or incurred for the performance of replacement of the Excluded Project Equipment and Structures in accordance with this subsection and the applicable Change Order or Contract Administration Memorandum. The DBOM Contractor’s certified requisitions shall not include any costs of Project operations and maintenance personnel of the DBOM Contractor. Any dispute between the parties regarding the BWS’s approval of the DBOM Contractor’s certified requisitions under this subsection shall be subject to Section 15.13 (Billing Statement Disputes) and may be referred to the dispute resolution procedures established in accordance with Section 16.3 (Authority to Resolve Contract and Breach of Contract Controversies). Notwithstanding any of the foregoing terms and conditions of this subsection, if the replacement of any Excluded Project Equipment and Structures is necessary as the result of DBOM Contractor Fault, including failure of the DBOM Contractor to comply with its obligations under Section 13.1 (Maintenance, Repair and Replacement Generally), subsection (A) (Major Maintenance, Repair and Replacements Generally) of this Section and Schedules 11 (General Operations and Maintenance Requirements) or 12 (Major Maintenance, Repair and Repl...
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Related to DBOM Contractor Replacement of Excluded Project Equipment and Structures

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