Effect of Change Orders. Upon written agreement by the Parties as to any proposed Change Order, any resulting Price change shall apply to any subsequent Purchase Order with respect to which the change is effective, and Schedule B shall be amended accordingly. Modifications or changes to Products that are not provisioned in Schedule A, which by their nature require additional effort or deliverables on the part of the Supplier, are considered as extra work and shall be invoiced separately. The costs of such modifications are calculated on an hourly basis and charged as per Schedule G.
Effect of Change Orders. 18.8.1 Execution of a formal Change Order shall be the sole procedure for settlement of any and all issues concerning the Original Project Guaranteed Maximum Price, Expansion Project Guaranteed Maximum Price and/or Contract Time, including any settlement based on a Claim pursuant to Article 20 hereof or pursuant to Article 22 hereof; provided that a decision by the arbitrators in a proceeding instituted under Article 22 shall be deemed a Change Order for purposes of this Section 18.8.1.
18.8.2 No Change shall be deemed as settled unless and until the parties sign a formal Change Order which fully and finally settles all pending issues pertaining to increases or decreases in the Original Project Guaranteed Maximum Price, Expansion Project Guaranteed Maximum Price and/or the Contract Time and without any reservation of rights for future consideration. In that regard, the parties hereby agree that a signed Change Order shall be inclusive of any and all direct, indirect, consequential costs, damages or losses based upon any theory of recovery, including, but not limited to: actual damages; all time-related costs; total costs; modified total costs; Eichleay formula or other equitable adjustment theories; full compensation for general conditions; extended site supervision and administration; all field, site, branch and/or home office overheads; all general and administrative costs; and any other similar direct, indirect and/or time-related costs howsoever derived or formulated.
18.8.3 Any statement added by the Contractor to the face of an otherwise valid Change Order, or contained in any transmittal or separate correspondence wherein the Contractor attempts to reserve rights to seek any further increases in the Contractor’s Fee, Original Project Guaranteed Maximum Price, Expansion Project Guaranteed Maximum Price and/or Contract Time shall be null and void.
18.8.4 Any increase in the Original Project Guaranteed Maximum Price or Expansion Project Guaranteed Maximum Price, or extension in the Contract Time, shall be reduced and offset by any and all reductions or Changes in the Work which would result in reduced Costs of the Work and/or advancement of the Contract Time, as the case may be (i.e., changes in the Work shall be netted out).
Effect of Change Orders. Execution of a formal Change Order as defined in Subsection 18.1.2 above shall be the sole procedure for settlement of any and all issues concerning the Guaranteed Maximum Price and/or Contract Time, including any settlement based on a Claim pursuant to Article 20 hereof or pursuant to Article 22 hereof.
Effect of Change Orders. Consultant will review any information submitted by Contractor regarding the effect of proposed or issued Change Orders upon the construction schedule, duration and completion date. Consultant will advise District as to the potential impact of proposed or issued Change Orders. Consultant will assist District in discussions with Contractor concerning the potential impact of proposed or issued Change Orders.
Effect of Change Orders. Upon agreement by the Parties as to any proposed Change Order, any resulting Price change shall either (i) apply to any subsequent Purchase Order with for the Product impacted by the change or (ii) be calculated based on open Purchase Order demand between the date of implementation and the next price review period and the resulting price variance will be handled through the mutually agreed purchase price variance (PPV) process. Modifications or changes to Products which by their nature require additional effort or deliverables on the part of the Supplier may considered as extra work and any corresponding Price changes shall be invoiced separately.
Effect of Change Orders. Upon approval of each Change Order as described in this Section 2.8, (a) the Change Order shall constitute an amendment to the applicable Statement of Work, (b) the Additional Services described in the Change Order shall be deemed to be Services for purposes of this Agreement, and (c) the Change Order will be implemented by the Company as soon as it is commercially practical to do so in accordance with the timeline, if any, set forth in the Change Order.
Effect of Change Orders. 18.8.1 Execution of a formal Change Order as defined in Subsection 18.1.2 above shall be the sole procedure for settlement of any and all issues concerning the Guaranteed Maximum Price and/or Contract Time, including any settlement based on a Claim pursuant to Article 20 hereof or pursuant to Article 22 hereof.
18.8.2 No Change shall be deemed as settled unless and until the parties sign a formal Change Order which fully and finally settles all pending issues pertaining to increases or decreases in the Guaranteed Maximum Price and/or the Contract Time and without any reservation of rights for future consideration. In that regard, the parties hereby agree that a signed Change Order shall be inclusive of any and all direct, indirect, consequential costs, damages or losses based upon any theory of recovery; including, but not limited to: actual damages; all time-related costs; total costs; modified total costs; Eichleay formula or other equitable adjustment theories; full compensation for general conditions; extended site supervision and administration; all field, site, branch and/or home office overheads; all general and administrative costs; and any other similar direct, indirect and/or time-related costs howsoever derived or formulated.
18.8.3 Any statement added by the Contractor to the face of an otherwise valid Change Order, or contained in any transmittal or separate correspondence wherein the Contractor attempts to reserve rights to seek any further increases in the Contractor's Fee, Guaranteed Maximum Price and/or Contract Time shall be null and void.
18.8.4 Once the actual cost of such Change and corresponding extension, if any, in the Contract Time have been determined, prior to using such actual cost to make any increase in the Guaranteed Maximum Price, or extension in the Contract Time, such actual cost and/or extension, as the case may be, shall be reduced and offset by any and all reductions or Changes in the Work which result in reduced Costs of the Work and/or advancement of the Contract Time, as the case may be (i.e., changes in the Work shall be netted out).
Effect of Change Orders. The cost of any such changes and the impact of such changes are to be agreed upon in advance by Owner and Builder, and added to, or deducted from the Contract Price. If any such change will affect the Delivery Date of the Vessel, the Delivery Date shall be adjusted accordingly.
Effect of Change Orders. District will review information submitted by the construction contractor regarding the effect of proposed or issued Change Orders upon the construction schedule, duration and completion date. If District requests that Consultant review specific Change Order items, Consultant shall provide recommendations to District as to the effect upon the construction schedule, duration and completion date.
Effect of Change Orders. In determining whether the Designated Construction Costs incurred to complete the Subject Phase exceed the Designated Construction Costs set forth in the Final Development Budget pursuant to Section 3.2(a) above, the Final Development Budget shall be deemed amended (if not formally amended) by any change orders approved in writing by Owner that increase the Designated Construction Costs incurred to complete the Subject Phase. Likewise, in determining whether the actual date of Completion extends more than thirty (30) days beyond the date of Completion as projected in the Final Schedule pursuant to Section 3.2(b) above, the Final Schedule shall be deemed amended (if not formally amended) by any change orders approved in writing by Owner that delay the actual date of Completion.
