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 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).
Appears in 5 contracts
Samples: Miso Agreement, Miso Agreement, Miso Agreement
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 Xxxxx 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).
Appears in 2 contracts
Samples: spofossil.entergy.com, spofossil.entergy.com
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 Xxxxx 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).
Appears in 2 contracts
Samples: Miso Agreement, Acquisition Agreement
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 Xxxxx 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).
Appears in 1 contract
Samples: spofossil.entergy.com
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 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).
Appears in 1 contract
Samples: Acquisition Agreement