Department’s Right to Issue Change Orders Sample Clauses

Department’s Right to Issue Change Orders. The Department may, at any time and from time to time during the Term, authorize and/or require changes in the Work pursuant to a Change Order or in the terms and conditions of the Technical Requirements (including changes in the standards applicable to the Work); provided, that the Department has no right to require any change that: (i) is not in compliance with Law; (ii) would contravene an existing Governmental Approval and such contravention cannot be corrected by the issuance of a further or revised Governmental Approval; (iii) would cause an insured risk to become uninsurable; or (iv) would give rise to a material and adverse health or safety issue.
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Department’s Right to Issue Change Orders. The Department may, at any time and from time to time during the Work Period, authorize and/or require changes (i) in the Work as set forth in the Scope Document pursuant to a Change Order or (ii) in the terms and conditions of the Technical Requirements (including changes in the standards applicable to the Work); provided, that increased costs resulting from a Department Change shall be borne by the Department, and; provided further, that the Department has no right to require any change that: (i) Is not in compliance with applicable Law; (ii) Would contravene an existing Regulatory Approval and such contravention cannot be corrected by the issuance of a further or revised Regulatory Approval; (iii) Would cause an insured risk to become uninsurable; or (iv) Would materially and adversely affect the health or safety of users or employees of the Route 495 HOT Lanes in Virginia Project. The Concessionaire shall have no obligation to perform any Work outside the general scope of this Agreement, except on terms mutually acceptable to the Department and the Concessionaire. If a Department Change results in Concessionaire Damages, the Department shall compensate the Concessionaire in accordance with Sections 13.02 and 13.03; provided, that any Positive Revenue resulting from a Department Change shall be shared equally between the Concessionaire and the Department, in addition to and without regard to any amounts payable under Article 5, and the Department’s share of such Positive Revenue shall be paid by the Concessionaire and deposited in the Project Enhancement Account.
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Department’s Right to Issue Change Orders. The Department may, at any time and from time to time during the Work Period, authorize and/or require changes (i) in the Work as set forth in the Scope Document pursuant to a Change Order or (ii) in the terms and conditions of the Technical Requirements (including changes in the standards applicable to the Work); provided, that increased costs resulting from a Department Change shall be borne by the Department, and provided further, that the Department has no right to require any change that: (i) Is not in compliance with applicable Law; (ii) Would contravene an existing Regulatory Approval and such contravention cannot be corrected by the issuance of a further or revised Regulatory Approval; (iii) Would cause an insured risk to become uninsurable; or (iv) Would materially and adversely affect the health or safety of users or employees of the Project. The Concessionaire shall have no obligation to perform any Work outside the general scope of this Agreement, except on terms mutually acceptable to the Department and the Concessionaire. If a Department Change results in Concessionaire Damages, the Department shall compensate the Concessionaire in accordance with Sections 13.02 and 13.03; provided, that any Positive Revenue resulting from a Department Change shall be shared equally between the Concessionaire and the Department, in addition to and without regard to any amounts payable under Article 5, and the Department’s share of such Positive Revenue shall be paid by the Concessionaire and deposited in the Concession Payments Account.
Sample 1Sample 2
Department’s Right to Issue Change Orders. The Department may, at any time and from time to time, authorize and/or require changes (1) in the Work pursuant to a Change Order or (2) in the terms and conditions of the Technical Requirements (including changes in the standards applicable to the Work); provided that the economic impact thereof shall be resolved in accordance with Section 14.01 or 14.04, whichever is applicable, and; provided further that the Department has no right to require any change that: (i) is not in compliance with applicable Law; (ii) would contravene an existing Governmental Approval and such contravention cannot be corrected by the issuance of a further or revised Governmental Approval; (iii) would cause an insured risk to become uninsurable; (iv) would materially and adversely affect the health or safety of users of the Project or others; or (v) is outside the general scope of this Agreement, except on terms mutually acceptable to the Department and the Concessionaire. For the avoidance of doubt, any Department Change for a Department Project Enhancement is within the general scope of this Agreement.
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Department’s Right to Issue Change Orders. Under Section 14.02 of the CA, the Department may, at any time and from time to time during the CA Term, authorize and/or require changes in the Work (including the DB Work) pursuant to a Change Order or in the terms and conditions of the Technical Requirements (including changes in the standards applicable to the DB Work); provided, that under the CA the Department has no right to require any change that: (i) is not in compliance with Law; (ii) would contravene an existing Governmental Approval and such contravention cannot be corrected by the issuance of a further or revised Governmental Approval; (iii) would cause an insured risk to become uninsurable; or (iv) would give rise to a material and adverse health or safety issue.
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Related to Department’s Right to Issue Change Orders

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