Incorporated Language to Change Orders. Each and every Change Order executed under this Agreement will be interpreted to incorporate and include the following clause, whether or not such clause is specifically included or incorporated into the Change Order. “This Change Order represents a written modification between the parties to the Agreement and in based on the terms and conditions of that Agreement. This Change Order supersedes all prior negotiations, qualifications and terms for the changes in scope described in this Change Order and the Work contemplated is, except as noted otherwise specifically provided, subject to all the terms and conditions of the Agreement, including, without limitation, those concerning payment. By executing this Change Order, Contractor acknowledges that this Change Order includes all direct and indirect charges and costs arising out of this change. The Contractor further agrees that by executing this Change Order, it will be fully compensated for the cost and time impact of the changes required by the County. All claims against the County which are incidental to or as a consequence of this change, including, without limitation, delays, disruptions, suspensions, acceleration or other impacts, or claims arising out of the cumulative effect of the Change Orders for the Work, are fully satisfied. Contractor will commence its services upon the execution of this Change Order and will complete and Work in accordance with the current schedule, it being understood and agreed that time is of the essence in the completion of each and every provision or condition of this Change Order and the Agreement.” The omission of this clause from any particular Change Order, any number of Change Orders or all Change Orders will not constitute a waiver of this provision.
Appears in 2 contracts
Samples: Construction Management Agreement, Construction Management Agreement
Incorporated Language to Change Orders. Each and every Change Order executed under this Agreement will shall be interpreted to incorporate and include the following clause, whether or not such clause is specifically included or incorporated into the Change Order. “This Change Order represents a written modification between the parties to the Agreement and in based on the terms and conditions of that Agreement. This Change Order supersedes all prior negotiations, qualifications and terms for the changes in scope described in this Change Order and the Work contemplated is, except as noted otherwise specifically provided, subject to all the terms and conditions of the Agreement, including, without limitation, those concerning payment. By executing this Change Order, Contractor acknowledges that this Change Order includes all direct and indirect charges and costs arising out of this change. The Contractor further agrees that by executing this Change Order, it will be fully compensated for the cost and time impact of the changes change(s) required by the CountyOwner. All claims against the County Owner which are incidental to or as a consequence of this change, including, without limitation, delays, disruptions, suspensions, acceleration or other impacts, or claims arising out of the cumulative effect of the Change Orders for the Work, are fully satisfied. Contractor will commence its services upon the execution of this Change Order and will complete and Work in accordance with the current schedule, it being understood and agreed that time is of the essence in the completion of each and every provision or condition of this Change Order and the Agreement.” The omission of this clause from any particular Change Order, any number of Change Orders or all Change Orders will shall not constitute a waiver of this provision.
Appears in 2 contracts
Samples: Construction Management Agreement, Construction Management Agreement
Incorporated Language to Change Orders. Each and every Every Change Order executed under this Agreement will be interpreted to incorporate and include the following clause, whether or not such clause is specifically included or incorporated into the Change Order. “This Change Order represents a written modification between the parties to the Agreement and in based on the terms and conditions of that Agreement. This Change Order supersedes all prior negotiations, qualifications qualifications, and terms for the changes in scope described in this Change Order and the Work contemplated is, except as noted otherwise specifically provided, subject to all the terms and conditions of the Agreement, including, without limitation, those concerning payment. By executing this Change Order, Contractor acknowledges that this Change Order includes all direct and indirect charges and costs arising out of this change. The Contractor further agrees that by executing this Change Order, it will be fully compensated for the cost and time impact of the changes required by the County. All claims against the County which are incidental to or as a consequence because of this change, including, without limitation, delays, disruptions, suspensions, acceleration or other impacts, or claims arising out of the cumulative effect of the Change Orders for the Work, are fully satisfied. Contractor will commence its services upon the execution of this Change Order and will complete and Work in accordance with the current schedule, it being understood and agreed that time is of the essence in the completion of each and every provision or condition of this Change Order and the Agreement.” The omission of this clause from any particular Change Order, any number of Change Orders or all Change Orders will not constitute a waiver of this provision.
Appears in 1 contract
Samples: Construction Management Agreement