Common use of Effect of Changes on Warranties and Safety Clause in Contracts

Effect of Changes on Warranties and Safety. 7.12.1 If a proposed Change in the Work by Owner may negatively affect any warranty with regard to any Work, Contractor shall serve Owner notice within ten (10) Business Days of Contractor’s receipt of such proposal of its belief and the believed effect. If Owner insists, despite Contractor’s notice, upon requiring the execution of such proposal and Contractor acquiesces to Owner’s request and executes the proposal, the affected warranties shall be adjusted to the extent agreed between the Parties or as already determined in accordance with the provisions of ARTICLE 11, but only to the extent related to or derived from Owner’s proposal. 7.12.2 If a proposed Change in the Work may negatively affect safety of the Work or persons in its vicinity or would violate any applicable Laws, Contractor shall serve Owner notice within ten (10) Business Days of Contractor’s receipt of such proposal of Contractor’s belief and the believed effect, and Contractor shall not be required to perform such proposal.

Appears in 2 contracts

Samples: Engineering, Procurement and Construction Contract, Engineering, Procurement and Construction Contract (Clean Coal Technologies Inc.)

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Effect of Changes on Warranties and Safety. 7.12.1 If Contractor reasonably believes that a proposed Change in the Work by Owner may negatively affect any express or implied warranty with regard to any of the Work, Contractor shall serve Owner notice within ten 14 (10fourteen) Business Days days of Contractor’s the receipt of such proposal of its belief and the believed effect. If Owner insists, despite Contractor’s 's notice, upon requiring to require the execution of such proposal and proposal, Contractor acquiesces shall comply with Owner's requirement to Owner’s request and executes execute the proposal, the but Contractor may void negatively affected warranties shall be adjusted to the extent agreed between the Parties or as already determined in accordance with the provisions of ARTICLE 11performance guarantees, but only to the extent related to or derived from Owner’s 's proposal. 7.12.2 . If Contractor believes that a proposed Change in the Work may negatively affect safety of the Work or persons in its vicinity or would violate any applicable Lawsvicinity, Contractor shall serve Owner notice within ten 14 (10fourteen) Business Days of Contractor’s receipt days of such proposal of Contractor’s its belief and the believed effect, and Contractor shall not be required by Owner to perform execute such proposal.

Appears in 2 contracts

Samples: Engineering, Procurement and Construction Contract (Ormat Technologies, Inc.), Engineering, Procurement and Construction Contract (Ormat Technologies, Inc.)

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