Modifications and Changes. This Agreement cannot be changed or modified except by another agreement in writing, signed by the parties sought to be charged therewith.
Modifications and Changes. (a) The Buyer shall have the right at any time to request reasonable modifications or changes in the Specification and/or Plans and Drawings. The Buyer shall request such modifications and/or changes in writing, giving sufficient particulars, documentation and details fully to describe the modifications and/or changes requested.
(b) The Builder shall as soon as possible after receipt of the written request for modifications or changes, give the Buyer a written proposal of the consequences of implementing such modifications and/or changes. These consequences may include changes in the Contract Price, Delivery Date, capacity, draft, speed, fuel consumption, or any other provisions of this Contract. If in the Builder’s reasonable judgement, such modifications and/or changes will adversely affect the Builder’s planning or programme in relation to the Builder’s other commitments, the Builder shall notify the Buyer that it declines to give such a proposal for the requested modifications and/or changes or part thereof.
(c) The Builder shall use reasonable efforts to minimize the extra costs, delay or other negative impact on the Vessel’s capacity, performance or other factors caused by the Buyer’s request. The Builder’s proposal shall be reasonable for such work.
(d) On the basis of the Builder’s proposal the Buyer may elect in writing to agree to the necessary amendments to this Contract, in which case the Builder shall build the Vessel in accordance with this Contract so amended.
(e) If the Buyer does not accept the Builder’s notice as provided in Clause 20(d) (Approvals) or if in the Buyer’s opinion the Builder’s proposal for modifications and/or changes under this Clause is unreasonable, the Buyer may, by giving notice to the Builder, order the Builder to proceed with the requested modifications and/or changes but the consequences of implementing such modifications and/or changes shall be decided in accordance with Clause 42 (Dispute Resolution).
(f) If the Buyer elects not to continue with the request for modifications and/or changes, the Buyer shall notify the Builder accordingly.
(g) If the Buyer does not respond within seven (7) running days after receipt of the Builder’s notice in Sub-clause (b), the Buyer shall be deemed to have withdrawn the request for modifications and/or changes.
Modifications and Changes. This Agreement cannot be changed or modified except by another agreement in writing signed by Lyric and Manager.
Modifications and Changes. This AGREEMENT may be changed, amended, modified, extended, or terminated by mutual consent provided that such consent shall be in writing and executed by the parties hereto prior to the time such change shall take effect.
Modifications and Changes. The Department, by written change order, may unilaterally require changes altering, adding to, or deducting from the Services, products, or Contract specifications, provided that such changes are within the general scope of the Contract. If Services or products are added, the Contractor and the Department will negotiate a mutually agreed amendment to the Contract. The Department may make an equitable adjustment in the Contract price or delivery date if changes to Contract specifications affect the cost or time of performance. Such equitable adjustments require the written consent of the Contractor, which shall not be unreasonably withheld. If the Parties fail to agree to an equitable adjustment, such dispute must be resolved pursuant to the Dispute Resolution procedures identified in section 10.7. The Contract, including its Attachments, contains all the terms and conditions agreed upon by the Parties, which shall govern all transactions under the Contract. Other than as specified above, the Contract may only be modified or amended upon mutual written agreement of the Department and Contractor. No oral agreements or representations shall be valid or binding upon the Department or Contractor. Contractor may not unilaterally modify the terms of the Contract by incorporating terms onto Contractor’s order or fiscal forms or other documents forwarded by Contractor for payment. The Department’s acceptance of Service or processing of documentation on forms furnished by Contractor for approval or payment will not constitute amendment to this Contract or waiver of a default.
Modifications and Changes. This Agreement cannot be changed or modified except by written agreement of the parties.
Modifications and Changes. Oral changes to this Agreement, including those by way of modification, addition, rescission, release, amendment, waiver or otherwise, are not valid or enforceable. Changes may be made only by a written agreement signed by a duly authorized officer of each party.
Modifications and Changes. Exergy reserves the option to make improvements or modifications to Products which do not affect form, fit, or function, and shall deliver Products to the latest configuration part number at the time of delivery.
Modifications and Changes. This Amendment and the research contemplated hereunder may not be amended, modified or extended unless by the mutual written consent of the parties hereto. Such consent shall be in writing and shall be executed by the parties prior to the time such amendment, modification or extension shall take effect.
Modifications and Changes. 3.1 Subject to Section 3.2, at any time CUSTOMER or NRBN may request changes in the Services by submitting such requests in writing. Within a reasonable time, but in any event not more than thirty (30) days after receiving written notice of a CUSTOMER change request, NRBN will advise CUSTOMER whether the change can be made and the effect the change will have on the Agreement and the Services, including but not limited to increased rates, and the payment of any engineering and installation costs incurred by NRBN to facilitate the changes in the Services. Within a like period after receiving NRBN’s request for change, CUSTOMER will notify NRBN whether it authorizes the implementation of the change under the revised terms or rejects the change proposed. Pending authorization to implement changes, NRBN shall proceed in accordance with the latest authorized terms of the Services.
3.2 The parties acknowledge that from time to time and at any time NRBN may make such unilateral changes and modifications as NRBN determines are necessary or advisable provided such changes do not adversely affect NRBN’s ability to meet its obligations under the services levels provided for in Schedule “A”. NRBN shall endeavour to provide at least fifteen (15) days’ advance notice to CUSTOMER of any such unilateral changes and modifications which may affect CUSTOMER either directly or indirectly.
3.3 Should NRBN incur any additional costs or expenses resulting from any errors, omissions, defects or other problems contained in the information, materials and/or instructions provided to it by the CUSTOMER, NRBN shall be fully paid for said reasonable additional costs and expenses by the CUSTOMER over and above all payments due under this Agreement, within thirty (30) days of receipt by the CUSTOMER of a statement to that effect.
