Common use of Effect of Changes Clause in Contracts

Effect of Changes. To the extent that a Change adversely affects Contractor’s or its Subcontractors’ ability to perform the Work, increases the costs for the Work, affects “[**]” in this Exhibit 10.01 indicates material that has been omitted pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission. Execution Version Confidential Trade Secret Information—Subject to Restricted Procedures Contractor’s ability to achieve the Net Unit Electrical Output Guarantee or Warranties or its other obligations under this Agreement, or causes a delay in the Project Schedule, Contractor shall be entitled to an equitable adjustment as appropriate to the Contract Price, the Project Schedule, the Milestone Payment Schedule, the Guaranteed Substantial Completion Dates, the Scope of Work and/or such other parts of this Agreement as may be affected by such Change. Similarly, to the extent that a Change enhances Contractor’s or its Subcontractors’ ability to perform the Work, reduces the cost of the Work or its other obligations under this Agreement, or shortens the Project Schedule, Owner shall be entitled to an equitable adjustment as appropriate to the Contract Price, the Project Schedule, the Milestone Payment Schedule, the Guaranteed Substantial Completion Dates, the Scope of Work and/or such other parts of this Agreement as may be affected by such Change. Any increase or decrease in the Contract Price resulting from a Change shall be determined and shall be payable as follows: (i) by [**] in an amount proposed by Contractor and accepted by Owner (to be payable as the Parties may agree); or (ii) if Owner does not accept the [**] amount proposed by Contractor, on a Time and Materials Basis, using the rates in Exhibit G, provided that for any such Change, Contractor shall have the right to make a Claim for the costs of Work affected by the Change that are not covered in the Time and Materials Charges for the Change. Such additional costs shall be subject to audit in accordance with the terms of Section 25.4.

Effect of Changes. To the extent that a Change adversely affects Contractor’s or its Subcontractors’ or Vendors’ ability to perform the Work, increases the Contractor’s costs for the Work, affects “[**]” in this Exhibit 10.01 indicates material that has been omitted pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission. Execution Version Confidential Trade Secret Information—Subject to Restricted Procedures Contractor’s ability to achieve the Net Unit Electrical Output Guarantee Performance Guarantees or Warranties or its other obligations under this Agreement, or causes a delay in the Project Schedule, such Change shall entitle Contractor shall be entitled to an equitable adjustment a Change Order as appropriate to the extent allowed under Sections 9.3(a) and 9.3(b) to the Contract Price, the Project Schedule, the Milestone Payment ScheduleSchedules, the Guaranteed Substantial Completion Dates, the Scope of Work Critical Milestones and/or such other parts of this Agreement as may be affected by such Change; provided however that any Facility-specific modification to the systems, structures and components of the Facility that are within the scope of the Standard Plant that are required by the NRC in the COL, or any amendment thereto, in order to (i) conform the design of the Standard Plant to the NRC’s regulations in effect at the time of the Design Certification, as amended by revision 16 of the DCD, or (ii) protect the health and safety of the general public, shall entitle Contractor to seek a Change Order increasing the Contract Price in an amount equal to Contractor’s increase in costs and SGA only as a result of such Change, [***]. SimilarlyEach Party shall reasonably cooperate with the other Party in preserving the standardization of the design and finality of the DCD. Notwithstanding the foregoing, if any such Facility-specific modification to the systems, structures and components of the Facility required by the NRC in the COL or any amendment thereto is the result of a Change in Law covered by Section 9.1(d), then Contractor may seek a Change Order increasing the Contract Price in an amount equal to Contractor’s increase in costs, SGA, [***]. To the extent that a Change enhances Contractor’s or its Subcontractors’ or Vendors’ ability to perform the Work, reduces the cost of Contractor’s costs for the Work or its other obligations under this Agreement, or shortens the Project Schedule, Owner Owners shall be entitled to an equitable adjustment a Change Order as appropriate to the Contract Price, the Project Schedule, the Milestone Payment ScheduleSchedules, the Guaranteed Substantial Completion Dates, the Scope of Work Critical Milestones and/or such other parts of this Agreement as may be affected by such Change. Any increase or decrease in the Contract Price resulting from a Change shall be determined and shall be payable as follows: (i) by [**] in an amount proposed by Contractor and accepted by Owner (to be payable as the Parties may agree); or (ii) if Owner does not accept the [**] amount proposed by Contractor, on a Time and Materials Basis, using the rates in Exhibit G, provided that for any such Change, Contractor shall have the right to make a Claim for the costs of Work affected by the Change that are not covered in the Time and Materials Charges for the Change. Such additional costs shall be subject to audit in accordance with the terms of Section 25.4.

Effect of Changes. To the extent that a Change adversely affects Contractor’s 's or its Subcontractors’ ' ability to perform the Work, increases the costs for the Work, affects “[**]” in this Exhibit 10.01 indicates material that has been omitted pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission. Execution Version Confidential Trade Secret Information—Subject to Restricted Procedures Contractor’s 's ability to achieve the Net Unit Electrical Output Guarantee or Warranties or its other obligations under this Agreement, or causes a delay in the Project Schedule, Contractor shall be entitled to an equitable adjustment as appropriate to the Contract Price, the Project Schedule, the Milestone Payment Schedule, the Guaranteed Substantial Completion Dates, the Scope of Work and/or such other parts of this Agreement as may be affected by such Change. Similarly, to the extent that a Change enhances Contractor’s 's or its Subcontractors’ ' ability to perform the Work, reduces the cost of the Work or its other obligations under this Agreement, or shortens the Project Schedule, Owner shall be entitled to an equitable adjustment as appropriate to the Contract Price, the Project Schedule, the Milestone Payment Schedule, the Guaranteed Substantial Completion Dates, the Scope of Work and/or such other parts of this Agreement as may be affected by such Change. Any increase or decrease in the Contract Price resulting from a Change shall be determined and shall be payable as follows: (i) by [**] in an amount proposed by Contractor and accepted by Owner (to be payable as the Parties may agree); or] (ii) if Owner does not accept the [**] amount proposed by Contractor, on a Time and Materials Basis, using the rates in Exhibit G, provided that for any such Change, Contractor shall have the right to make a Claim for the costs of Work affected by the Change that are not covered in the Time and Materials Charges for the Change. Such additional costs shall be subject to audit in accordance with the terms of Section 25.4.]

Effect of Changes. To the extent that a Change adversely affects Contractor’s 's or its Subcontractors’ ' ability to perform the Work, increases the costs for the Work, affects “[**]” in this Exhibit 10.01 indicates material that has been omitted pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission. Execution Version Confidential Trade Secret Information—Subject to Restricted Procedures Contractor’s 's ability to achieve the Net Unit Electrical Output Guarantee or Warranties or its other obligations under this Agreement, or causes a delay in the Project Schedule, Contractor shall be entitled to an equitable adjustment as appropriate to the Contract Price, the Project Schedule, the Milestone Payment Schedule, the Guaranteed Substantial Completion Dates, the Scope of Work and/or such other parts of this Agreement as may be affected by such Change. Similarly, to the extent that a Change enhances Contractor’s 's or its Subcontractors’ ' ability to perform the Work, reduces the cost of the Work or its other obligations under this Agreement, or shortens the Project Schedule, Owner shall be entitled to an equitable adjustment as appropriate to the Contract Price, the Project Schedule, the Milestone Payment Schedule, the Guaranteed Substantial Completion Dates, the Scope of Work and/or such other parts of this Agreement as may be affected by such Change. Any increase or decrease in the Contract Price resulting from a Change shall be determined and shall be payable as follows: (i) by [**] fixed or firm price in an amount proposed by Contractor and accepted by Owner (to be payable as the Parties may agree); or (ii) if Owner does not accept the [**] fixed or firm price amount proposed by Contractor, on a Time and Materials Basis, using the rates in Exhibit G, provided that for any such Change, Contractor shall have the right to make a Claim for the costs of Work affected by the Change that are not covered in the Time and Materials Charges for the Change. Such additional costs shall be subject to audit in accordance with the terms of Section 25.4.

Effect of Changes. To the extent that a Change adversely affects Contractor’s 's or its Subcontractors’ ' ability to perform the Work, increases the costs for the Work, affects “[**]” in this Exhibit 10.01 indicates material that has been omitted pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission. Execution Version Confidential Trade Secret Information—Subject to Restricted Procedures Contractor’s 's ability to achieve the Net Unit Electrical Output Guarantee or Warranties or its other obligations under this Agreement, or causes a delay in the Project Schedule, Contractor shall be entitled to an equitable adjustment as appropriate to the Contract Price, the Project Schedule, the Milestone Payment Schedule, the Guaranteed Substantial Completion Dates, the Scope of Work and/or such other parts of this Agreement as may be affected by such Change. Similarly, to the extent that a Change enhances Contractor’s 's or its Subcontractors’ ' ability to perform the Work, reduces the cost of the Work or its other obligations under this Agreement, or shortens the Project Schedule, Owner shall be entitled to an equitable adjustment as appropriate to the Contract Price, the Project Schedule, the Milestone Payment Schedule, the Guaranteed Substantial Completion Dates, the Scope of Work and/or such other parts of this Agreement as may be affected by such Change. Any increase or decrease in the Contract Price resulting from a Change shall be determined and shall be payable as follows: (i) by [**] fixed or firm price in an amount proposed by Contractor and accepted by Owner (to be payable as the Parties may agree); or (ii) if Owner does not accept the [**] fixed or firm price amount proposed by Contractor, on a Time and Materials Basis, using the rates in Exhibit G, provided that for any such Change, Contractor shall have the right to make a Claim for the costs of Work affected by the Change that are not covered in the Time and Materials Charges for the Change. Such additional costs shall be subject to audit in accordance with the terms of Section 25.4.