Disputes Regarding Change Orders Sample Clauses

Disputes Regarding Change Orders. (a) In the event Seller and Buyer do not agree upon the effect of a Buyer Discretionary Change pursuant to Section 8.2, then, subject to value limitation (if applicable) on Buyer Discretionary Changes set forth in Section 8.2(a), Buyer may issue to Seller a written notice to proceed with, and Seller shall implement, such Buyer Discretionary Change through a provisional Change Order that reflects the agreements between Buyer and Seller, if any, regarding the Buyer Discretionary Change and Xxxxx’s position, or if Buyer elects, a good faith compromise position, on the issue(s) in dispute. In addition to describing the Buyer Discretionary Change and any price and/or schedule adjustments according to the preceding sentence, such written notice to proceed and provisional Change Order shall describe the nature of the price and/or schedule- related disagreement between Seller and Buyer. Seller’s signature shall not be required for such provisional Change Order to be in full force and effect once signed by Xxxxx. Seller and Buyer shall endeavor to resolve in a timely manner disputes that are subject to written notices to proceed and provisional Change Orders under this Section 8.6(a). (b) In the event Seller and Buyer do not agree upon the effects of an event of Force Majeure or a Buyer-Caused Delay (or whether a Force Majeure or Buyer-Caused Delay has even occurred), Buyer may issue to Seller a written notice to proceed with, and Seller shall implement, any changes to the scope of Work required by Buyer (including any Remedy work) as a result of the occurrence of the event(s), circumstance(s), or condition(s) forming the basis of Seller’s claim of Force Majeure or Buyer-Caused Delay through a provisional Change Order that reflects the agreements between Buyer and Seller, if any, regarding the effect of the Force Majeure or Buyer-Caused Delay (or the occurrence of the event(s), circumstance(s), or condition(s) forming the basis of Seller’s claim of Force Majeure or Buyer-Caused Delay) and Xxxxx’s position, or if Buyer elects, a good faith compromise position, on the issue(s) in dispute. In addition to describing Xxxxx’s required scope changes and any price and/or schedule adjustments according to the preceding sentence, such written notice to proceed and provisional Change Order shall describe the nature of the price (in the event of a Buyer-Caused Delay only) and/or schedule-related disagreement between Seller and Buyer. Seller and Buyer shall endeavor to resolve ...
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Disputes Regarding Change Orders. If the parties are not able to agree as to whether a Change Order is warranted under the Contract Documents, or cannot agree upon the extent of relief to be granted under a Change Order after good faith negotiations, either party may refer the dispute to the Claim resolution provisions of Article 8. Pending resolution of such Claim, Contractor shall proceed with the Work as directed by UTA under a reservation of rights. UTA shall continue to pay any undisputed payments related to such Claim.
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Disputes Regarding Change Orders. If Owner requests a Change Order, but the Parties are unable to mutually agree upon a Change Order, Contractor shall (if Owner so directs) perform the Work on a cost-reimbursable basis to comply with Owner’s requested requirements (and identify whether the costs are Deferred Fee amounts or BOP Fee amounts) and be entitled to an equitable adjustment in the Schedule, including reimbursement for all costs, including labor costs, (all at Contractor’s cost) actually incurred by Contractor (“Reimbursable Costs”).
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Related to Disputes Regarding Change Orders

  • PRODUCT AND PRICING CHANGE REQUESTS Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator. At a minimum, the request must: • Identify the applicable Sourcewell contract number; • Clearly specify the requested change; • Provide sufficient detail to justify the requested change; • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and • Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.

  • Engineering Changes Customer may request that Flextronics incorporate engineering changes into the Product by providing Flextronics with a description of the proposed engineering change sufficient to permit Flextronics to evaluate its feasibility and cost. Flextronics will proceed with engineering changes when the parties have agreed upon the changes to the Specifications, delivery schedule and Product pricing and the Customer has issued a purchase order for the implementation costs.

  • Staffing Changes The Director’s prior written approval is required for the Consultant to remove, replace or add to any of its staffing identified in Attachment B of an Approved Service Order.

  • Term SOFR Conforming Changes In connection with the use or administration of Term SOFR, the Administrative Agent will have the right to make Conforming Changes from time to time and, notwithstanding anything to the contrary herein or in any other Loan Document, any amendments implementing such Conforming Changes will become effective without any further action or consent of any other party to this Agreement or any other Loan Document. The Administrative Agent will promptly notify the Borrower and the Lenders of the effectiveness of any Conforming Changes in connection with the use or administration of Term SOFR.

  • Conforming Changes In connection with the use, administration, adoption or implementation of a Benchmark Replacement, the Administrative Agent will have the right to make Conforming Changes from time to time and, notwithstanding anything to the contrary herein or in any other Loan Document, any amendments implementing such Conforming Changes will become effective without any further action or consent of any other party to this Agreement or any other Loan Document.

  • Change Orders Any alteration or deviation from the Services mentioned or any other contractual specifications that result in a revision of this Agreement shall be executed and attached to this Agreement as a change order (“Change Order”).

  • CHANGE ORDERS AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Agreement, which are required by changes in federal or state law or by regulations, are automatically incorporated without written amendment hereto, and shall become effective on the date designated by such law or by regulation. B. To ensure the legal and effective performance of this Agreement, both parties agree that any amendment that affects the performance under this Agreement must be mutually agreed upon and that all such amendments must be in writing. After a period of no less than 30 days subsequent to written notice, unless sooner implementation is required by law, such amendments shall have the effect of qualifying the terms of this Agreement and shall be binding upon the parties as if written herein. C. Customers have the right to issue a change order to any purchase orders issued to the Contractor for the purposes of clarification or inclusion of additional specifications, qualifications, conditions, etc. The change order must be in writing and agreed upon by Contractor and the Customer agency prior to issuance of any Change Order. A copy of the Change Order must be provided by the Contractor to, and acknowledged by, H-GAC.

  • Execution of Change Orders Change Orders shall be signed by the Contractor, ordinarily certified by the Design Professional, and approved by the Owner in accordance with the form of Change Order prescribed by the Owner. No request for payment by the Contractor for a Change Order shall be due, nor shall any such request appear on an Application for Payment, until the Change Order is executed by the Owner. In the event of emergency (see Article

  • Benchmark Replacement Conforming Changes In connection with the use, administration, adoption or implementation of a Benchmark Replacement, the Administrative Agent will have the right to make Conforming Changes from time to time and, notwithstanding anything to the contrary herein or in any other Loan Document, any amendments implementing such Conforming Changes will become effective without any further action or consent of any other party to this Agreement or any other Loan Document.

  • Change Orders and Contract Amendments 33.1 The Procuring Entity may at any time order the Supplier through notice in accordance GCC Clause 8, to make changes within the general scope of the Contract in any one or more of the following: a) drawings, designs, or specifications, where Goods to be furnished under the Contract are to be specifically manufactured for the Procuring Entity; b) the method of shipment or packing; c) the place of delivery; and d) the Related Services to be provided by the Supplier. 33.2 If any such change causes an increase or decrease in the cost of, or the time required for, the Supplier's performance of any provisions under the Contract, an equitable adjustment shall be made in the Contract Price or in the Delivery/Completion Schedule, or both, and the Contract shall accordingly be amended. Any claims by the Supplier for adjustment under this Clause must be asserted within twenty-eight (28) days from the date of the Supplier's receipt of the Procuring Entity's change order. 33.3 Prices to be charged by the Supplier for any Related Services that might be needed but which were not included in the Contract shall be agreed upon in advance by the parties and shall not exceed the prevailing rates charged to other parties by the Supplier for similar services.

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