Modification of Specifications. Within thirty-four (34) calendar days of the Construction Commencement Date, the Specifications may be modified and/or changed by BUYER as respects machinery arrangements and/or systems installations without altering the Contract Price or the Delivery Date if such modifications or changes do not necessitate structural changes. The Specifications may also be otherwise modified and/or changed at any time by written agreement of the parties hereto, provided, that the BUYER and the BUILDER shall first agree to alterations in the Contract Price and the Delivery Date, if any, occasioned by or resulting from such modifications and/or changes. Any such alterations in the Delivery Date as may be mutually agreed in writing shall be understood to be Permissible Delays as contemplated by Article III, Paragraph 2. In the event the parties are unable to agree upon such alteration, if any, to the Contract Price or the Delivery Date, BUILDER shall proceed with such modification or change and any area of disagreement that cannot subsequently be resolved between BUILDER and BUYER shall be resolved in accordance with Paragraph 4 of this Article. Within fifteen (15) calendar days of BUYER's notification to BUILDER to proceed with modifications or changes to the Specifications, BUILDER shall notify BUYER in writing of any such modifications or changes that will have an impact on the Contract Price and/or the Delivery Date or which otherwise would require issuance of a Change Order to this Contract, including complete details of the nature of such impact. Failure of BUILDER to so notify BUYER shall be deemed a waiver of BUILDER's right to subsequently claim for any change in the Contract Price or the Delivery Date or issuance of any Change Order associated with such modifications or changes. Such agreement shall be effected by exchange of letters signed by the authorized representatives of the parties hereto, which shall constitute amendments to this Contract and/or Specifications. The BUILDER may make minor changes to the Specifications, if found necessary for introduction of improved production methods or otherwise, provided that the BUILDER shall first obtain the BUYER's written approval thereof.
Modification of Specifications. The Specifications may be modified to a minor extent by written agreement of the parties hereto, provided that such modifications will not, in Builder’s reasonable judgement, adversely affect Builder’s planning or program in relation to Builder’s other commitments, and provided, further, that Buyer shall first agree, before such modifications and/or changes are carried out, to alterations in the Contract Price, the Delivery Date, deadweight, speed and other terms and conditions of this Contract and Specifications occasioned by or resulting from such modifications and/or changes within seven (7) days from the receipt by Buyer of Builder’s proposal. Builder has the right to continue construction of the Vessel on the basis of the Specifications until agreement as above has been reached. An agreement to modify this Contract or the Specifications shall be effected by an exchange of letters signed by the authorized representatives of the parties or by an addendum to this Contract and/or the Specifications. Builder may also make minor changes to the Specifications including, but not limited to, the dimensions and characteristics of the Vessel, if found necessary to suit the Shipyard’s local conditions and facilities, the availability of materials and equipment, introduction of improved methods or otherwise, provided that Builder shall first agree with the Buyer reasonable alterations of the Contract Price, the Delivery Date and obtain Buyer’s approval, which shall not be unreasonably withheld or delayed. In the event that Buyer intends not to give such approval, Buyer shall submit the reasons for such rejection to Builder promptly (in any event within seven (7) days of receiving Builder’s request for such approval), failing which Buyer shall be deemed to have given such approval.
Modification of Specifications. The Specifications may not be modified or changed without the mutual written agreement of the parties.
Modification of Specifications. It is not the intention of the parties hereto to make alteration or modifications to the Specifications and basically no modifications shall be applied as the VESSEL is to be built pursuant to the Specifications mutually agreed by the BUYER and the BUILDER, but the Specifications may be modified and/or changed by written agreement of the parties hereto, provided that such modifications and/or changes or an accumulation thereof will not in the BUILDER's reasonable judgement adversely affect the BUILDER's planning or program in relation to the BUILDER's other commitments, and provided, further, that the BUYER shall first agree, before such modifications and/or changes are carried out, to alterations in the Contract Price, the Delivery Date, the guaranteed figures and other terms and conditions of this Contract and the Specifications occasioned by or resulting from such modifications and/or changes. Such agreement may be effected by e-mail or exchange of letters signed by the authorized representatives of the parties hereto which shall constitute amendments to this Contract and/or the Specifications. The BUILDER may make changes to the Specifications, if found necessary for introduction of improved production methods or otherwise, provided that the BUILDER shall first obtain the BUYER's approval which shall not be unreasonably withheld.
Modification of Specifications. The work to be performed by the Builder under the Contract can be modified or changed by request from the Buyer provided that such modifications or changes will not adversely affect the Builder’s other commitments, and provided further that the parties shall first agree to possible adjustment in Contract Price, the Delivery Date and such other terms and conditions occasioned by or resulting from such modification or change. Such agreement shall be effected either by way of exchanges of letters duly signed by authorised representatives of the parties, or by signed change order form, or by minutes of meeting or similar signed by authorised representatives of the parties, which shall constitute the necessary amendments to the Contract. Possible increase or decrease in the Contract Price shall be calculated in accordance with unit prices (inclusive of administration costs) as set out in the Specification, or budget prices if such prices are available, otherwise as per the Builder’s customary price for such work at Romanian or Norwegian yards as the case may be. If modifications or changes are made without such written agreement as aforesaid, or if the Builder fails to notify the Buyer in writing without undue delay that there are modifications or changes which will require an increase in the Contract Price, delayed delivery, changes in the Vessel’s characteristics or other changes in the Contract, the Builder will not be entitled to any increase in the Contract Price, adjustment of Delivery Date or other adjustments, and the Contract will remain unchanged. The Builder is entitled to make minor modifications or changes to the Specifications, if found necessary to suit the Builder’s local conditions or facilities, the availability of materials and equipment, the introduction of improvement methods or otherwise, provided that the Builder shall first obtain the Buyer’s approval, which shall not be unreasonably withheld or delayed.
Modification of Specifications. The work to be performed by the Builder under the Contract can be modified or changed by written request from S.V.P, , unless another person is duly appointed in writing by the Buyer, provided that such modifications or changes will not adversely affect the Builder’s other commitments, and provided further that the parties shall first agree to possible adjustment in Contract Price, the Delivery Date and such other terms and conditions occasioned by or resulting from such modification or change. Such agreement shall be effected either by way of exchange of letters duly signed by authorised representatives of the parties, or by signed change order form, or by minutes of meeting or similar signed by authorised representatives of the parties, which shall constitute the necessary amendments to the Contract. Any proposed increase or decrease in the Contract Price shall be calculated in accordance with unit prices (inclusive of administration costs) or budget prices if such prices are available, otherwise as per the Builder’s customary price for such work. Notwithstanding the foregoing (but subject always to the Builder’s right to refuse modifications or changes which adversely affect the Builder’s other commitments), if Builder and Buyer do not agree on the nature or extent of any such adjustments, Buyer may by written instruction require Builder to proceed with the requested modification(s) or change(s) with the consequences of implementing such modification(s) and/or change(s) to be determined pursuant to Article XIX. Any reasonable time and costs incurred by the Builder in preparation of offer(s) to the Buyer following a request for modification or change as set out above, which is not effected by way of signed change order forms or similar, shall be compensated by the Buyer. The Builder is entitled to make minor modifications or changes to the Specifications if found necessary or desirable due to the availability of materials and equipment, the introduction of improvement methods or otherwise, provided that the Builder shall first obtain the Buyer’s approval, which shall not be unreasonably withheld or delayed.
Modification of Specifications. The Specifications may be modified to a minor extent by written agreement of the parties hereto, provided that such modifications will not, in the BUILDER’s reasonable judgment, adversely affect the BUILDER’s planning or program in relation to the BUILDER’s other commitments, and provided, further, that the BUYER shall first agree, before such modifications and/or changes are carried out, to alterations in the Contract Price, the Delivery Date, deadweight, speed and other terms and conditions of this Contract and Specifications occasioned by or resulting from such modifications and/or changes within seven (7) days from the receipt by the BUYER of the BUILDER’s proposal. The BUILDER has the right to continue construction of the VESSEL on the basis of the Specifications until agreement as above has been reached but upon receipt by the BUILDER of a request from the BUYER for a modification the BUILDER shall as soon as reasonably practical and at the latest within seven (7) days of the request submit to the BUYER a proposal of adjustment in the Contract Price, the Delivery Date and any other term of the Contract. An agreement to modify this Contract or the Specifications shall be effected by an exchange of letters signed by the authorized Representative(s) of the parties or by an Addendum to this Contract and/or the Specifications. The BUILDER may also make minor changes to the Specifications if found necessary to suit the Shipyard’s local conditions and facilities, the availability of materials and equipment., introduction of improved methods or otherwise, provided that the BUILDER shall first obtain the BUYER’s approval, which shall not be unreasonably withheld or delayed.
Modification of Specifications. Phytogen may not make or implement any changes to the Product Specifications without the prior written approval of Conor, which shall not be unreasonably withheld.
Modification of Specifications. 5.4.1 Strakan shall not make any modification to the Specifications without first giving prior written notification to Aptalis and obtaining Aptalis’s approval of such modifications.
5.4.2 For all changes to the Specifications made at Aptalis’ reasonable request and to which Strakan has consented in writing (such consent not to be unreasonably withheld, conditioned or delayed), [*] shall be solely responsible for and pay any and all Specifications change implementation costs. [*] agrees to use Commercially Reasonable Efforts to implement such changes to the Specifications and minimize the costs associated with any Specifications change.
5.4.3 The Parties will cooperate to amend or supplement the Specifications where the OC requests in writing to implement a discretionary modification to the Specifications which is not necessary to comply with applicable Law or the * Confidential treatment requested. requirements of a Regulatory Authority. For such Specification changes the Parties shall share the Specifications change implementation costs as follows: Strakan shall pay [*] percent ([*]%) and Aptalis shall pay [*] percent ([*]%). [*] agrees to use Commercially Reasonable Efforts to implement such changes to the Specifications and minimise the costs associated with any Specifications change.
5.4.4 The Parties will cooperate to amend or supplement the Specifications (a) to the extent reasonably necessary to comply with applicable Law or the requirements of a Regulatory Authority in the Territory, (b) to the extent reasonably necessary to comply with applicable Law or the requirements of Regulatory Authorities that are effective both in the Territory and outside the Territory, or (c) to the extent reasonably necessary to comply with applicable Law or the requirements of a Regulatory Authority outside the Territory. For all changes to the Specifications made in accordance with this Section 5.4.4, [*] shall be solely responsible for and pay any and all Specifications change implementation costs. [*] may, upon obtaining written approval from the OC, impose any changes in connection with clause (c) of this Section 5.4.4 to the Specifications for the Product in the Territory to the extent that such changes are permitted by the applicable Regulatory Authorities. For purposes of clarity, where any modification to the Specifications is required outside the Territory, [*] shall not change the Specifications with respect to the Product unless it has received [*] prior wr...
Modification of Specifications. Riverwood may, from time to time, and upon at least ninety (90) days' prior written notice to Plum Creek, modify any of the Pulpwood Quality Specifications or Chip Quality Specifications that Riverwood applies to all of its Product suppliers to the West Monroe Facility or any other Facility (as defined below). Riverwood shall not discriminate against Plum Creek in modifying the Product Specifications. All Products sold by Plum Creek to Riverwood following such notice shall satisfy such modified Product Specifications. Notwithstanding anything herein to the contrary, if such modification would cause an effective decrease in Plum Creek's production of any Products, Plum Creek's obligations to provide such Products under Section 1.1, 1.2 or 1.3, as applicable, shall be reduced pro rata and Riverwood shall pay to Plum Creek an increase in Product price as a result of any increased costs in production or volume loss necessary to satisfy such modified Product Specifications until expiration of the current Price Period (as defined below). Thereafter, the determination of Product prices pursuant to Section 2.1 shall reflect such modified Product Specifications.
