Common use of Future Modifications Clause in Contracts

Future Modifications. Changes in Circumstances: 1. Changes in Coverage and Required Limits of Insurance The coverages and minimum limits of insurance required by the contract are based on circumstances in effect at the inception of the contract. If, in the opinion of the Owner, circumstances merit a change in such coverage or minimum limits of insurance required by the contract, the Owner may change the coverage and the minimum limits of insurance required, and the Consultant will, within 60 days of receipt of written notice of a change in the coverage and/or INSURANCE REQUIREMENTS ATTACHMENT 3 the minimum limits required, comply with such change and provide evidence of such compliance in the manner required by the contract. Provided, however, that no change in the coverages or minimum limits of insurance required will be made by the Owner until at least two years after inception of the contract. Subsequent changes in the coverage or minimum limits of insurance required will not be made by the Owner until at least two years after any prior change by the Owner unless extreme conditions warrant such change and are agreeable to both parties. To the extent required by Florida Department of Transportation Public Transportation Grant Agreement, any such change or modification in coverage or limits shall also apply to the contractors, subcontractors, suppliers, consultants, and sub-consultants at each tier. If, in the opinion of the Owner, compliance with the insurance requirements is not commercially practicable for the Consultant, contractors, subcontractors, suppliers, consultants or subconsulants at any tier, at the written request of the Consultant, the Owner may, at its sole discretion and subject to any conditions it deems appropriate, relax or temporarily suspend, in whole or in part, the insurance requirements which would otherwise apply to the Consultant, contractors, subcontractors, suppliers, consultants, and sub-consultants at any tier. Any such modification will be subject to the prior written approval of the Owner’s General Counsel and Executive Vice President of Legal Affairs or designee, and subject to the conditions of such approval.

Future Modifications. Changes in Circumstances: 1. 9.2.1.6.1 Changes in Coverage and Required Limits of Insurance The coverages coverage and minimum limits of insurance required by the contract this Contract are based on circumstances in effect at the inception of the contractthis Contract. If, If in the opinion of the Owner, Owner circumstances merit a change in such coverage or minimum limits of insurance required by the contractthis Contract, the Owner may change the coverage and the minimum limits of insurance required, required and the Consultant Design Professional will, within 60 days of receipt of written notice of a change in the coverage and/or INSURANCE REQUIREMENTS ATTACHMENT 3 the and minimum limits requiredrequired and on the conditions precedent that: (1) the requested change of coverage is commercially available; and, (2) Owner pays all costs associated with the additional coverage, comply with such change and provide evidence of such compliance in the manner required by the contractthis Contract. Provided, however, that no change in the coverages coverage or minimum limits of insurance required will be made by the Owner until at least two (2) years after inception of the contractthis Contract. Subsequent changes in the coverage or minimum limits of insurance required will not be made by the Owner until at least two (2) years after any prior change by the Owner unless extreme conditions warrant such change and are agreeable to both parties. To Notwithstanding the extent required by Florida Department of Transportation Public Transportation Grant Agreementforegoing, any such change or modification in coverage or limits shall also apply the Design Professional may make a written request for a waiver with respect to the contractorsinsurance requirements contained herein for specific subcontractors and subconsultants for good cause and the Owner will evaluate the request for waiver within ten calendar days of receipt and issue a decision. Any such modification will be subject to the prior written approval of the Owner and subject to the conditions of such approval. The Owner expressly reserves the right, subcontractorsat its sole discretion, suppliersto adjust this Contract and pursue alternative methods for the provision of insurance and ancillary services associated with this Project. Alternative methods may include, consultantsbut are not limited to, and sub-consultants at each tiera controlled insurance program. If, in the opinion of the Owner, compliance with the insurance requirements is not commercially practicable for the Consultant, contractors, subcontractors, suppliers, consultants or subconsulants at any tierDesign Professional, at the written request of the ConsultantDesign Professional, the Owner may, at its sole discretion and subject to any conditions it deems appropriate, relax or temporarily suspend, in whole or in part, the insurance requirements which would otherwise apply to the Consultant, contractors, subcontractors, suppliers, consultants, and sub-consultants at any tierDesign Professional. Any such modification will be subject to the prior written approval of the Owner’s General Counsel and Executive Vice President of Legal Affairs or designee, Owner and subject to the conditions of such approval.

Future Modifications. Changes in Circumstances: 1. Changes in Coverage and Required Limits of Insurance The coverages coverage and minimum limits of insurance required by the contract Contract are based on circumstances in effect at the inception of the contractContract. If, If in the opinion of the Owner, circumstances merit a change in such coverage or minimum limits of insurance required by the contractContract, the Owner may change the coverage and the minimum limits of insurance required, and the Consultant Design-Builder will, within 60 days of receipt of written notice of a change in the coverage and/or INSURANCE REQUIREMENTS ATTACHMENT 3 and the minimum limits required, comply with such change and provide evidence of such compliance in the manner required by the contractContract. Provided, however, that no change in the coverages coverage or minimum limits of insurance required will be made by the Owner until at least two years after inception of the contractthis Contract. Subsequent changes in the coverage or minimum limits of insurance required will not be made by the Owner until at least two years after any prior change by the Owner unless extreme conditions warrant such change and are agreeable to both parties. To the extent required by Florida Department of Transportation Public Transportation Grant Agreement, any Any such change or modification in coverage or limits shall also apply to the contractors, subcontractors, suppliers, consultants, and sub-consultants subcontractors at each tiertier of the Design-Builder. If, If in the opinion of the Owner, Owner compliance with the insurance requirements is not commercially practicable for the Consultant, contractors, subcontractors, suppliers, consultants or subconsulants at any tierDesign-Builder, at the written request of the ConsultantDesign-Builder, the Owner may, at its sole discretion and subject to any conditions it deems appropriate, relax or temporarily suspend, in whole or in part, the insurance requirements which would otherwise apply to the Consultant, contractors, subcontractors, suppliers, consultants, and subDesign-consultants at any tierBuilder. Any such modification will be subject to the prior written approval of the Owner’s General Counsel and Executive Vice President of Legal Affairs or designee, and subject to the conditions of such approval. The Design-Builder is responsible for verifying and monitoring the insurance coverage and policies of all contractors, subcontractors, consultants, and subconsultants at each tier to ensure compliance during the entire Contract and for any period of coverage extension described herein. Any circumstances that merit a change in such coverage or the minimum limits of insurance required or the requirements become commercially practicable for any contractor, subcontractor, consultant, or subconsultant at each tier then the Design-Builder will address those in the same manner as described above.

Future Modifications. Changes in Circumstances: 1. Changes in Coverage and Required Limits of Insurance The coverages coverage and minimum limits of insurance required by the contract Contract are based on circumstances in effect at the inception of the contractContract. If, If in the opinion of the Owner, circumstances merit a change in such coverage or minimum limits of insurance required by the contractContract, the Owner may change the coverage and the minimum limits of insurance required, and the Consultant will, within 60 days of receipt of written notice of a change in the coverage and/or INSURANCE REQUIREMENTS ATTACHMENT 3 and the minimum limits required, comply with such change and provide evidence of such compliance in the manner required by the contractContract. Provided, however, that no change in the coverages coverage or minimum limits of insurance required will be made by the Owner until at least two years after inception of the contractthis Contract. Subsequent changes in the coverage or minimum limits of insurance required will not be made by the Owner until at least two years after any prior change by the Owner unless extreme conditions warrant such change and are agreeable to both parties. To the extent required by Florida Department of Transportation Public Transportation Grant Agreement, any Any such change or modification in coverage or limits shall also apply to the contractors, subcontractors, suppliers, consultants, and sub-consultants subcontractors at each tiertier of the Consultant. If, If in the opinion of the Owner, Owner compliance with the insurance requirements is not commercially practicable for the Consultant, contractors, subcontractors, suppliers, consultants or subconsulants at any tier, at the written request of the Consultant, the Owner may, at its sole discretion and subject to any conditions it deems appropriate, relax or temporarily suspend, in whole or in part, the insurance requirements which would otherwise apply to the Consultant, contractors, subcontractors, suppliers, consultants, and sub-consultants at any tier. Any INSURANCE REQUIREMENTS such modification will be subject to the prior written approval of the Owner’s General Counsel and Executive Vice President of Legal Affairs or designee, and subject to the conditions of such approval. The Consultant is responsible for verifying and monitoring the insurance coverage and policies of all contractors, subcontractors, consultants, and subconsultants at each tier to ensure compliance during the entire Contract and for any period of coverage extension described herein. Any circumstances that merit a change in such coverage or the minimum limits of insurance required or the requirements become commercially practicable for any contractor, subcontractor, consultant, or subconsultant at each tier then the Consultant will address those in the same manner as described above.