Common use of Extra Work Clause in Contracts

Extra Work. a) If the CONSULTANT believes that any work is or may be beyond the scope of the Agreement (extra work), or that additional work is necessary, the CONSULTANT shall notify the STATE, in writing, of this fact prior to beginning any of the work. The notification shall include all information required by the Department. The STATE shall be the sole judge as to whether or not such work is in fact beyond the scope of this Agreement and constitutes extra work. No extra or additional work shall be started prior to written authorization from the STATE. The STATE shall be under no obligation to reimburse the CONSULTANT for any extra or additional work performed without the prescribed notification and authorization. The STATE will not allow fixed fee for any extra work undertaken without prescribed notification and authorization. In the event that the STATE determines that such work does constitute extra work, the STATE shall provide extra compensation to the CONSULTANT in a fair and equitable manner. If necessary, a Supplemental Agreement providing the compensation and describing the work authorized shall be issued by the STATE to the CONSULTANT for execution after approvals have been obtained from necessary State officials and if required, from the Federal Highway Administration. b) In the event of any claims being made or any actions being brought in connection with the PROJECT, the CONSULTANT agrees to render to the STATE all assistance required by the STATE. Compensation for work performed and costs incurred in connection with this requirement shall be made in a fair and equitable manner. In all cases provided for in this AGREEMENT for the additional services above described, the STATE's directions shall be exercised by the issuance of a separate Agreement, if necessary.

Appears in 7 contracts

Samples: Consulting Agreement, Consulting Agreement, Consulting Agreement

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Extra Work. a) This Agreement shall be continuously reviewed by the CONSULTANT. The CONSULTANT shall notify the STATE of the results of those reviews in writing by submittal of a monthly Cost Control Report similar to EXHIBIT "D". b) If the CONSULTANT believes that any work is or may be beyond the scope of the Agreement (extra work), or that additional work is necessary, the CONSULTANT shall notify the STATE, in writing, of this fact prior to beginning any of the work. The notification shall include all information required by the Department. The STATE shall be the sole judge as to whether or not such work is in fact beyond the scope of this Agreement and constitutes extra work. No extra or additional work shall be started prior to written authorization from the STATE. The STATE shall be under no obligation to reimburse the CONSULTANT for any extra or additional work performed without the prescribed notification and authorization. The STATE will not allow fixed fee for any extra work undertaken without prescribed notification and authorization. In the event that the STATE determines that such work does constitute extra work, the STATE shall provide extra compensation to the CONSULTANT in a fair and equitable manner. If necessary, a Supplemental Agreement providing the compensation and describing the work authorized shall be issued by the STATE to the CONSULTANT for execution after approvals have been obtained from necessary State officials and and, if required, from the Federal Highway Administration. bc) In the event of any claims being made or any actions being brought in connection with the PROJECT, or if construction support services are requested of the CONSULTANT by the STATE, the CONSULTANT agrees to render to the STATE all assistance required by the STATE. Compensation for work performed and costs incurred in connection with this requirement shall be made in a fair and equitable manner. In all cases provided for in this AGREEMENT Agreement for the additional services above described, the STATE's directions shall be exercised by the issuance of a separate Agreement, if necessary.

Appears in 5 contracts

Samples: Consultant Construction Inspection Backdrop Agreement, Consultant Construction Inspection Backdrop Agreement, Consultant Design Backdrop Agreement

Extra Work. a) If the CONSULTANT believes that any work is is, or may be be, beyond the scope of the Agreement CONTRACT (extra work), or that additional work is necessary, the CONSULTANT shall notify the STATE, in writing, writing of this fact prior to beginning any of the work. The notification shall include all information required by the DepartmentDEPARTMENT. The STATE shall be the sole judge as to whether or not such work is in fact beyond the scope of this Agreement CONTRACT and constitutes extra work. No extra or additional work shall be started prior to written authorization from the STATE. The STATE shall be under no obligation to reimburse the CONSULTANT for any extra or additional work performed without the prescribed notification and authorization. The STATE will not allow fixed fee for any extra work undertaken without prescribed notification and authorization. In the event that the STATE determines that such work does constitute extra work, the STATE shall provide extra compensation to the CONSULTANT in a fair and equitable manner. If necessary, a Supplemental Agreement CONTRACT AMENDMENT providing the compensation and describing the work authorized shall be issued by the STATE to the CONSULTANT for execution after approvals approval have been obtained from necessary State officials STATE officials, and if required, from the Federal Highway Administration. b) . In the event of any claims being made or any actions being brought in connection with the PROJECT, the CONSULTANT agrees to render to the STATE all assistance required by the STATE. Compensation for work performed and costs incurred in connection with this requirement shall be made in a fair and equitable manner. In all cases provided for in this AGREEMENT CONTRACT for the additional services above described, the STATE's ’s directions shall be exercised by the issuance of a separate Agreementcontract, if necessary.

Appears in 4 contracts

Samples: Consulting Agreement, Consultant Planning Service Agreement (Psa), Consulting Agreement

Extra Work. a) 13.1 It is expressly understood and agreed that the Department reserves the right to develop, operate and utilize the Airport as it may determine to be proper and in the public interest. Nothing contained in this AGREEMENT shall give the CONTRACTOR any right or claim against the Department for additional compensation by reason of such determinations by the Department unless such determinations increase the scope of the CONTRACTOR's duties and responsibilities. Nor shall anything in this AGREEMENT give the CONTRACTOR any right to make policy determinations regarding the development, utilization and operation of the Airport. 13.2 If the CONSULTANT believes CONTRACTOR is of the opinion that any work they have been directed to perform is or may be beyond the scope of the Agreement (this AGREEMENT and constitutes extra work), or that additional work is necessary, the CONSULTANT they shall promptly notify the STATE, in writing, of this fact prior to beginning any of the work. The notification shall include all information required by the Department. The STATE shall be the sole judge as to whether or not such work is in fact beyond the scope of this Agreement AGREEMENT and constitutes extra work. No extra or additional work shall be started prior to written authorization from the STATE. The STATE shall be under no obligation to reimburse the CONSULTANT for any extra or additional work performed without the prescribed notification and authorization. The STATE will not allow fixed fee for any extra work undertaken without prescribed notification and authorization. In the event that the STATE determines that such work does constitute extra work, the STATE shall will provide extra compensation to the CONSULTANT CONTRACTOR in a fair and equitable manner. If necessaryIn no event, however, shall the STATE be liable for the cost of any such work without the prior execution of a Supplemental Agreement providing for the compensation and describing the extra work authorized shall be issued so authorized. It is understood and agreed that the issuance of any such supplemental agreement by the STATE is subject to the CONSULTANT for execution after approvals have been obtained from prior approval of necessary State officials and and, if required, from the Federal Highway Aviation Administration. b) 13.3 In the event of any claims being made or any actions being brought in connection with the PROJECTProject, the CONSULTANT CONTRACTOR agrees to render to the STATE all assistance required by the STATE. Compensation for work performed and costs incurred in connection with this requirement shall be made in a fair and equitable manner. In all cases provided for in this AGREEMENT for the additional services above described, the STATE's directions shall be exercised by the issuance of a separate Agreementagreement, if necessary.

Appears in 2 contracts

Samples: Operations and Management Services Agreement, Operations and Management Services Agreement

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Extra Work. a) If the CONSULTANT believes that any work is or may be beyond the scope of the Agreement (extra work), or that additional work is necessary, the CONSULTANT shall notify the STATE, in writing, of this fact prior to beginning any of the work. The notification shall include all information required by the Department. The STATE shall be the sole judge as to whether or not such work is in fact beyond the scope of this Agreement and constitutes extra work. No extra or additional work shall be started prior to written authorization from the STATE. The STATE shall be under no obligation to reimburse the CONSULTANT for any extra or additional work performed without the prescribed notification and authorization. The STATE will not allow fixed fee for any extra work undertaken without prescribed notification and authorization. In the event that the STATE determines that such work does constitute extra work, the STATE shall provide extra compensation to the CONSULTANT in a fair and equitable manner. If necessary, a Supplemental Agreement providing the compensation and describing the work authorized shall be issued by the STATE to the CONSULTANT for execution after approvals have been obtained from necessary State officials and if required, from the Federal Highway Administration. b) . 50 In the event of any claims being made or any actions being brought in connection with the PROJECT, the CONSULTANT agrees to render to the STATE all assistance required by the STATE. Compensation for work performed and costs incurred in connection with this requirement shall be made in a fair and equitable manner. In all cases provided for in this AGREEMENT for the additional services above described, the STATE's ’s directions shall be exercised by the issuance of a separate Agreement, if necessary.

Appears in 1 contract

Samples: Consulting Agreement

Extra Work. a) If the CONSULTANT believes that any work is or may be beyond the scope of the Agreement (extra work), or that additional work is necessary, the CONSULTANT shall notify the STATE, in writing, of this fact prior to beginning any of the work. The notification shall include all information required by the Department. The STATE shall be the sole judge as to whether or not such work is in fact beyond the scope of this Agreement and constitutes extra work. No extra or additional work shall be started prior to written authorization from the STATE. The STATE shall be under no obligation to reimburse the CONSULTANT for any extra or additional work performed without the prescribed notification and authorization. The STATE will not allow fixed fee for any extra work undertaken without prescribed notification and authorization. In the event that the STATE determines that such work does constitute extra work, the STATE shall provide extra compensation to the CONSULTANT in a fair and equitable manner. If necessary, a Supplemental Agreement providing the compensation and describing the work authorized shall be issued by the STATE to the CONSULTANT for execution after approvals have been obtained from necessary State officials and if required, from the Federal Highway Administration. b) . In the event of any claims being made or any actions being brought in connection with the PROJECT, the CONSULTANT agrees to render to the STATE all assistance required by the STATE. Compensation for work performed and costs incurred in connection with this requirement shall be made in a fair and equitable manner. In all cases provided for in this AGREEMENT for the additional services above described, the STATE's ’s directions shall be exercised by the issuance of a separate Agreement, if necessary.

Appears in 1 contract

Samples: Consulting Agreement

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