Limitation on Price Increases. Any increase in the Price allowed hereunder shall exclude: (a) costs caused by the acts, omissions, negligence, intentional misconduct, or breach of applicable Law, contract or Governmental Approval by any DB Contractor-Related Entity; (b) costs to the extent that they are unnecessary or could reasonably be avoided by DB Contractor, including by re-sequencing, reallocating or redeploying its forces to other portions of the Maintenance Services or to other activities unrelated to the Maintenance Services; and (c) costs for remediation of any Nonconforming Work. Costs incurred for the purpose of mitigating damages as described in clause (b) above, and not otherwise disallowed hereunder, would be reimbursable.
Appears in 4 contracts
Samples: Capital Maintenance Agreement, Capital Maintenance Agreement, Capital Maintenance Agreement
Limitation on Price Increases. Any increase in the a Price allowed hereunder shall exclude: (a) costs caused by the acts, omissions, breach of contract or fault or negligence, intentional misconduct, or breach of applicable Law, contract act or Governmental Approval failure to act by any DB ContractorIntegrator-Related Entity; (b) costs to the extent that they are unnecessary or could reasonably be avoided by DB ContractorIntegrator, including by re-sequencingresequencing, reallocating or redeploying its forces to other portions of the Maintenance Services Work or to other activities unrelated to the Maintenance ServicesWork; and (c) costs for remediation of any Nonconforming Work. Costs incurred for the purpose of mitigating damages as described in clause (b) above, and not otherwise disallowed hereunder, would be reimbursable.
Appears in 1 contract
Samples: Statewide Toll System Integration and Maintenance Agreement