Limitations on Change Orders. Maintenance Contractor shall have no right to receive any compensation for any Hazardous Materials Management resulting from a situation described in Section 15.1(G).
Limitations on Change Orders. Entitlement to compensation or a time extension shall be limited to work performed pursuant to DB Contractor’s Hazardous Materials Management Plan, Investigative Work Plan and Site Investigative Report for such Unknown Hazardous Materials as approved by TxDOT, in writing. No compensation or time extension shall be allowed with respect to: (a) immaterial quantities of Unknown Hazardous Materials, (b) any Hazardous Materials that could have been avoided by reasonable design modifications or construction techniques, (c) any costs that could have been avoided, (d) Hazardous Materials on any Additional Properties not expressly described in Section 6.6.1.3, (e) any Hazardous Materials encountered during or in connection with the demolition of buildings, fixtures or other improvements on any parcels within the Site, or (f) any Hazardous Materials that do not fall within the definition for Unknown Hazardous Materials or clause (g) of the definition for Force Majeure Event. Utilities (other than Service Lines) shall not be considered “buildings, fixtures or other improvements” for purposes of this Section 13.7.4.
Limitations on Change Orders for Discovery of Karst Features Entitlement to compensation or a time extension for the mitigation of Unknown Karst Features shall be limited to Work performed pursuant to DB Contractor’s Karst Feature Mitigation Plans for such Unknown Karst Features, as approved by TxDOT in writing. DB Contractor shall demonstrate to TxDOT’s satisfaction that DB Contractor’s Karst Feature Mitigation Plans represent the approach that is most beneficial to the Project and the public. DB Contractor shall provide TxDOT with such information, analyses and certificates as may be requested by TxDOT in order to enable a determination regarding eligibility for a Price increase or a time extension with respect to an Unknown Karst Feature. Notwithstanding anything to the contrary in the Contract Documents, no compensation or time extension shall be allowed with respect to: (a) any Unknown Karst Features that could have been avoided by reasonable design modifications or construction techniques; (b) any costs that could have been avoided; (c) Unknown Karst Features on any DB Contractor-Designated ROW; or (d) any Karst Features that do not fall within the definition for Unknown Karst Features. DB Contractor shall not be entitled to delay or disruption damages resulting from a Karst Plan Delay or Karst Mitigation Delay.
Limitations on Change Orders. All Change Orders authorized by this Section shall be subject to the restrictions, limitations, and procedures set forth herein. Allowable costs shall be limited to the incremental costs associated with the fact that Hazardous Materials subject to removal and disposal compensable under Section 15.9 are present. The DB Contractor shall take all reasonable steps to minimize any such costs. In addition, compensation for removal and disposal of Hazardous Materials compensable under Section 15.9 will not be allowed unless the DB Contractor demonstrates to the District’s satisfaction that:
Limitations on Change Orders. (a) The Borrower shall not enter into any Change Order under the Facility Construction Contract (i) that will increase the Contract Price (as defined therein) by more than (x) $200,000 per Change Order or (y) $500,000 in the aggregate with respect to all Change Orders under the Facility Construction Contract or (ii) which would change the design or specifications of the Facility in any material respect or change the Guaranteed Completion Date, the Payment Schedule, the Project Milestone Schedule, the Performance Guarantees or the requirements for Substantial Completion or Final Completion (as such terms are defined in the Facility Construction Contract), unless the Borrower shall have received the prior written consent of (A) in the case of any Change Order referred to in clause (i) above which will not result in an increase in the Contract Price of more than $3,000,000 in the aggregate with respect 91 to all Change Orders under the Facility Construction Contract, the Administrative Agent, or (B) in the case of any Change Order referred to in clause (ii) above or if such Change Order will result in an increase in the Contract Price by more than $3,000,000 in the aggregate with respect to all Change Orders under the Facility Construction Contract, the Majority Lenders.
(b) The Borrower shall not provide its consent under the Greenhouse Loan Agreement which would permit the Greenhouse Owner or Greenhouse Operator to enter into any Change Order under the Greenhouse Construction Contract (i) that has a cost exceeding $100,000 in the aggregate with respect to all Change Orders under the Greenhouse Construction Contract or (ii) which would change the design or specifications of the Greenhouse in any material respect or diminish the liability or obligation of the Greenhouse Contractor with respect to Final Completion of the Greenhouse or the Greenhouse's performance or the ability of the Greenhouse Contractor to meet the Greenhouse Construction Schedule, unless the Borrower shall have received the prior written consent of (A) in the case of any Change Orders referred to in clause (i) above which, together with all other Change Orders under the Greenhouse Construction Contract, have an aggregate cost not exceeding $600,000, the Administrative Agent, or (B) in the case of any Change Order referred to in clause (ii) above or if such Change Order, together with all other Change Orders under the Greenhouse Construction Contract, have an aggregate cost exceeding $600,0...
Limitations on Change Orders
