Common use of Disputes Regarding Change Orders Clause in Contracts

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 in a timely manner disputes that are subject to provisional Change Orders under this Section 8.6(b). Any dispute regarding a Change Notice for Force Majeure or Buyer-Caused Delay submitted by Seller to Buyer (including any provisional Change Order under this Section 8.6(b)) prior to the Substantial Completion Payment Date must be resolved between Seller and Buyer prior to the Substantial Completion Payment Date. Neither the issuance of, nor the performance of the incremental or decremental Work pursuant to, a notice to proceed and provisional Change Order under this Section 8.6(b) shall be construed as a waiver or admission by (i) Seller as to the validity of Buyer’s disputed position with respect to the applicable claim of Force Majeure or Buyer- Caused Delay or (ii) Buyer as to the validity of Seller’s disputed position with respect to such claim of Force Majeure or Buyer-Caused Delay (including that the scope of Work covered by such notice to proceed and provisional Change Order even required a Change Order or constitutes incremental or decremental Work). (c) Any dispute between Xxxxxx and Xxxxx under this Article VIII shall be resolved in accordance with Section 26.10, if and as required. Notwithstanding anything to the contrary, Seller shall not delay performance of the Work while such dispute resolution procedures are implemented or resolution of the dispute is pending.

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 Xxxxx 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 in a timely manner disputes that are subject to provisional Change Orders under this Section 8.6(b). Any dispute regarding a Change Notice for Force Majeure or Buyer-Caused Delay submitted by Seller to Buyer (including any provisional Change Order under this Section 8.6(b)) prior to the Substantial Completion Payment Date must be resolved between Seller and Buyer prior to the Substantial Completion Payment Date. Neither the issuance of, nor the performance of the incremental or decremental Work pursuant to, a notice to proceed and provisional Change Order under this Section 8.6(b) shall be construed as a waiver or admission by (i) Seller as to the validity of Buyer’s disputed position with respect to the applicable claim of Force Majeure or Buyer- Caused Delay or (ii) Buyer as to the validity of Seller’s disputed position with respect to such claim of Force Majeure or Buyer-Caused Delay (including that the scope of Work covered by such notice to proceed and provisional Change Order even required a Change Order or constitutes incremental or decremental Work). (c) Any dispute between Xxxxxx and Xxxxx under this Article VIII shall be resolved in accordance with Section 26.10, if and as required. Notwithstanding anything to the contrary, Seller shall not delay performance of the Work while such dispute resolution procedures are implemented or resolution of the dispute is pending.

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 XxxxxBuyer’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 Such written notice to proceed and provisional Change Order shall also describe the change in Work scope and the nature of the price and/or schedule- 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 XxxxxBuyer. 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)Delay, 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 Majeure) or Buyer-Caused Delay) Delay and XxxxxBuyer’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 Such provisional Change Order shall also describe the nature of the price (in the event of a Buyer-Caused Delay only) and/or schedule-schedule- related disagreement between Seller and Buyer. Seller and Buyer shall endeavor to resolve in a timely manner disputes that are subject to provisional Change Orders under this Section 8.6(b). Any dispute regarding a Change Notice for Force Majeure or Buyer-Caused Delay submitted by Seller to Buyer (including any provisional Change Order under this Section 8.6(b)) prior to the Substantial Completion Payment Date must be resolved between Seller and Buyer prior to the Substantial Completion Payment Date. Neither the issuance of, nor the performance of the incremental or decremental Work pursuant to, a notice to proceed and provisional Change Order under this Section 8.6(b) shall be construed as a waiver or admission by (i) Seller as to the validity of Buyer’s disputed position with respect to the applicable claim of Force Majeure or Buyer- Caused Delay Buyer Discretionary Change or (ii) Buyer as to the validity of Seller’s disputed position with respect to such claim of Force Majeure or Buyer-Caused Delay (including that the scope of Work covered by such notice to proceed and provisional Change Order even required a Change Order or constitutes incremental or decremental Work)Buyer Discretionary Change. (c) Any dispute between Xxxxxx Seller and Xxxxx Buyer under this Article VIII shall be resolved in accordance with Section 26.10, if and as required. Notwithstanding , and, notwithstanding anything to the contrary, Seller shall not delay performance of the Work while such dispute resolution procedures are implemented or resolution of the dispute is pending.

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 Xxxxx 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 in a timely manner disputes that are subject to provisional Change Orders under this Section 8.6(b). Any dispute regarding a Change Notice for Force Majeure or Buyer-Caused Delay submitted by Seller to Buyer (including any provisional Change Order under this Section 8.6(b)) prior to the Substantial Completion Payment Date must be resolved between Seller and Buyer prior to the Substantial Completion Payment Date. Neither the issuance of, nor the performance of the incremental or decremental Work pursuant to, a notice to proceed and provisional Change Order under this Section 8.6(b) shall be construed as a waiver or admission by (i) Seller as to the validity of Buyer’s disputed position with respect to the applicable claim of Force Majeure or Buyer- Caused Delay or (ii) Buyer as to the validity of Seller’s disputed position with respect to such claim of Force Majeure or Buyer-Caused Delay (including that the scope of Work covered by such notice to proceed and provisional Change Order even required a Change Order or constitutes incremental or decremental Work). (c) Any dispute between Xxxxxx Seller and Xxxxx Buyer under this Article VIII 8 shall be resolved in accordance with Section 26.10, if and as required. Notwithstanding anything to the contrary, Seller shall not delay performance of the Work while such dispute resolution procedures are implemented or resolution of the dispute is pending.

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 Xxxxx 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 in a timely manner disputes that are subject to provisional Change Orders under this Section 8.6(b). Any dispute regarding a Change Notice for Force Majeure or Buyer-Caused Delay submitted by Seller to Buyer (including any provisional Change Order under this Section 8.6(b)) prior to the Substantial Completion Payment Date must be resolved between Seller and Buyer prior to the Substantial Completion Payment Date. Neither the issuance of, nor the performance of the incremental or decremental Work pursuant to, a notice to proceed and provisional Change Order under this Section 8.6(b) shall be construed as a waiver or admission by (i) Seller as to the validity of Buyer’s disputed position with respect to the applicable claim of Force Majeure or Buyer- Caused Delay or (ii) Buyer as to the validity of Seller’s disputed position with respect to such claim of Force Majeure or Buyer-Caused Delay (including that the scope of Work covered by such notice to proceed and provisional Change Order even required a Change Order or constitutes incremental or decremental Work). (c) Any dispute between Xxxxxx and Xxxxx under this Article VIII shall be resolved in accordance with Section 26.10, if and as required. Notwithstanding anything to the contrary, Seller shall not delay performance of the Work while such dispute resolution procedures are implemented or resolution of the dispute is pending.

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 XxxxxBuyer’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 XxxxxBuyer. 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 XxxxxBuyer’s position, or if Buyer elects, a good faith compromise position, on the issue(s) in dispute. In addition to describing XxxxxBuyer’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 in a timely manner disputes that are subject to provisional Change Orders under this Section 8.6(b). Any dispute regarding a Change Notice for Force Majeure or Buyer-Caused Delay submitted by Seller to Buyer (including any provisional Change Order under this Section 8.6(b)) prior to the Substantial Completion Payment Date must be resolved between Seller and Buyer prior to the Substantial Completion Payment Date. Neither the issuance of, nor the performance of the incremental or decremental Work pursuant to, a notice to proceed and provisional Change Order under this Section 8.6(b) shall be construed as a waiver or admission by (i) Seller as to the validity of Buyer’s disputed position with respect to the applicable claim of Force Majeure or Buyer- Caused Delay or (ii) Buyer as to the validity of Seller’s disputed position with respect to such claim of Force Majeure or Buyer-Caused Delay (including that the scope of Work covered by such notice to proceed and provisional Change Order even required a Change Order or constitutes incremental or decremental Work). (c) Any dispute between Xxxxxx Seller and Xxxxx Buyer under this Article VIII shall be resolved in accordance with Section 26.10, if and as required. Notwithstanding anything to the contrary, Seller shall not delay performance of the Work while such dispute resolution procedures are implemented or resolution of the dispute is pending.

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 Xxxxx 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 XxxxxBuyer’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 in a timely manner disputes that are subject to provisional Change Orders under this Section 8.6(b). Any dispute regarding a Change Notice for Force Majeure or Buyer-Caused Delay submitted by Seller to Buyer (including any provisional Change Order under this Section 8.6(b)) prior to the Substantial Completion Payment Date must be resolved between Seller and Buyer prior to the Substantial Completion Payment Date. Neither the issuance of, nor the performance of the incremental or decremental Work pursuant to, a notice to proceed and provisional Change Order under this Section 8.6(b) shall be construed as a waiver or admission by (i) Seller as to the validity of Buyer’s disputed position with respect to the applicable claim of Force Majeure or Buyer- Caused Delay or (ii) Buyer as to the validity of Seller’s disputed position with respect to such claim of Force Majeure or Buyer-Caused Delay (including that the scope of Work covered by such notice to proceed and provisional Change Order even required a Change Order or constitutes incremental or decremental Work). (c) Any dispute between Xxxxxx and Xxxxx under this Article VIII shall be resolved in accordance with Section 26.10, if and as required. Notwithstanding anything to the contrary, Seller shall not delay performance of the Work while such dispute resolution procedures are implemented or resolution of the dispute is pending.

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 Such written notice to proceed and provisional Change Order shall also describe the change in Work scope and the nature of the price and/or schedule- 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 Xxxxx 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). Neither the issuance of, nor the performance of the incremental or decremental Work pursuant to, a notice to proceed and provisional Change Order under this Section 8.6(a) shall be construed as a waiver or admission by (i) Seller as to the validity of Buyer’s disputed position with respect to the applicable Buyer Discretionary Change or (ii) Buyer as to the validity of Seller’s disputed position with respect to such Buyer Discretionary Change. (b) In the event Seller and Buyer do not agree upon the effects of an event of Force Majeure or a Buyer-Buyer Caused Delay (or whether a Force Majeure or Buyer-Caused Delay has even occurred)Delay, 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 Majeure) or Buyer-Buyer Caused Delay) 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 Such provisional Change Order shall also describe the nature of the price (in the event of a Buyer-Buyer Caused Delay only) and/or schedule-related disagreement between Seller and Buyer. Seller and Buyer shall endeavor to resolve in a timely manner disputes that are subject to provisional Change Orders under this Section 8.6(b). Any dispute regarding a Change Notice for Force Majeure or Buyer-Buyer Caused Delay submitted by Seller to Buyer (including any provisional Change Order under this Section 8.6(b)) prior to the Substantial Completion Payment Date must be resolved between Seller and Buyer prior to the Substantial Completion Payment Date. Neither the issuance of, nor the performance of the incremental or decremental Work pursuant to, a notice to proceed and provisional Change Order under this Section 8.6(b) shall be construed as a waiver or admission by (i) Seller as to the validity of Buyer’s disputed position with respect to the applicable claim of Force Majeure or Buyer- Caused Delay or (ii) Buyer as to the validity of Seller’s disputed position with respect to such claim of Force Majeure or Buyer-Caused Delay (including that the scope of Work covered by such notice to proceed and provisional Change Order even required a Change Order or constitutes incremental or decremental Work). (c) Any dispute between Xxxxxx Seller and Xxxxx under this Article VIII shall be resolved in accordance with Section 26.10, if and as required. Notwithstanding , and, notwithstanding anything to the contrary, Seller shall not delay performance of the Work while such dispute resolution procedures are implemented or resolution of the dispute is pending.