No Change Order for Contemplated Risks Sample Clauses

No Change Order for Contemplated Risks. CONTRACTOR shall bear the full risk of all cost and schedule impacts which may result from events and circumstances intended by COMPANY and CONTRACTOR to be within CONTRACTOR’s scope of responsibility and control with respect to this Agreement and the Work. Nothing herein shall prevent CONTRACTOR from submitting a request for a change order if delays in delivery by COMPANY of design packages, including incomplete design packages causing delays in material procurement. CONTRACTOR shall not make a request for a change order as a result of any act or omission by CONTRACTOR or any of its lower-tier suppliers, subcontractors, or materialmen, including without limitation the negligent or faulty performance of the Work. Without limiting the foregoing, the total Contract Price, to be calculated on a “Cost plus a fee” basis, as delineated in Section 4, below, is intended to compensate CONTRACTOR fully, and no Change Order shall be proposed by COMPANY or CONTRACTOR for the following possible events: (a) Acceleration or delay in the availability of, or procurement of, materials or equipment which are furnished by CONTRACTOR and are to be incorporated in the Work, unless COMPANY interferes with same (b) Acceleration or delay in the performance by CONTRACTOR of design or engineering Work within CONTRACTOR’S control, unless caused by COMPANY’s failure to timely approve designs or drawings, or by a change by COMPANY in the Work performance or design criteria; (c) Increases or decreases in the cost of any labor, materials, transportation, freight, permits or any other items of cost contemplated in CONTRACTOR’s ATTACHMENT B, unless COMPANY interferes in the Work resulting in increased costs; or (d) Schedule changes not resulting from an excusable delay per the Change Order provisions of this Agreement and the Contract Documents, provided that for the circumstances listed in (a) through (d) above, CONTRACTOR shall bear the responsibility in proving the occurrence of such circumstance(s) and any actual costs or delay resulting therefrom. Neither CONTRACTOR nor its lower-tier suppliers or subcontractors are subject to any agreements or have any obligations that would prohibit it, or them, from engaging in any part of the Work or that might in any way impair its or their ability to use its or their best efforts to perform the Work or carry out the terms of this Agreement. XXXXXXXXXX agrees to defend, indemnify, and hold harmless the COMPANY Indemnified Parties herein, from all...
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Related to No Change Order for Contemplated Risks

  • Change Orders Any alteration or deviation from the Services mentioned or any other contractual specifications that result in a revision of this Agreement shall be executed and attached to this Agreement as a change order (“Change Order”).

  • Execution of Change Orders Change Orders shall be signed by the Contractor, ordinarily certified by the Design Professional, and approved by the Owner in accordance with the form of Change Order prescribed by the Owner. No request for payment by the Contractor for a Change Order shall be due, nor shall any such request appear on an Application for Payment, until the Change Order is executed by the Owner. In the event of emergency (see Article

  • CHANGE ORDERS AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Agreement, which are required by changes in federal or state law or by regulations, are automatically incorporated without written amendment hereto, and shall become effective on the date designated by such law or by regulation. B. To ensure the legal and effective performance of this Agreement, both parties agree that any amendment that affects the performance under this Agreement must be mutually agreed upon and that all such amendments must be in writing. After a period of no less than 30 days subsequent to written notice, unless sooner implementation is required by law, such amendments shall have the effect of qualifying the terms of this Agreement and shall be binding upon the parties as if written herein. C. Customers have the right to issue a change order to any purchase orders issued to the Contractor for the purposes of clarification or inclusion of additional specifications, qualifications, conditions, etc. The change order must be in writing and agreed upon by Contractor and the Customer agency prior to issuance of any Change Order. A copy of the Change Order must be provided by the Contractor to, and acknowledged by, H-GAC.

  • Change Order The Change Order is then submitted to the Project Manager who immediately processes the CO with OPC as required by Bulletin 3.5 and BGS’ Contracting Plan.

  • Change Orders and Contract Amendments 33.1 The Procuring Entity may at any time order the Supplier through notice in accordance GCC Clause 8, to make changes within the general scope of the Contract in any one or more of the following: a) drawings, designs, or specifications, where Goods to be furnished under the Contract are to be specifically manufactured for the Procuring Entity; b) the method of shipment or packing; c) the place of delivery; and d) the Related Services to be provided by the Supplier. 33.2 If any such change causes an increase or decrease in the cost of, or the time required for, the Supplier's performance of any provisions under the Contract, an equitable adjustment shall be made in the Contract Price or in the Delivery/Completion Schedule, or both, and the Contract shall accordingly be amended. Any claims by the Supplier for adjustment under this Clause must be asserted within twenty-eight (28) days from the date of the Supplier's receipt of the Procuring Entity's change order. 33.3 Prices to be charged by the Supplier for any Related Services that might be needed but which were not included in the Contract shall be agreed upon in advance by the parties and shall not exceed the prevailing rates charged to other parties by the Supplier for similar services.

  • Statement of Work The Statement of Work to which Grantee is bound is incorporated into and made a part of this Grant Agreement for all purposes and included as Attachment A.

  • Product Changes Vocera shall have the right, in its absolute discretion, without liability to End User, to update to provide new functionality or otherwise change the design of any Product or to discontinue the manufacture or sale of any Product. Vocera shall notify End User at least 90 days prior to the delivery of any Product which incorporates a change that adversely affects form, fit or function (“Material Change”). Vocera shall also notify End User at least 90 days prior to the discontinuance of manufacture of any Product. Notification will be made as soon as reasonably practical for changes associated with regulatory or health and safety issues.

  • Contract Changes Changes may not be made in the terms and conditions of this contract without the agreement and written permission of the Director of Residence Life or the Director’s designee.

  • Construction Activities Please list all major construction activities, both planned and completed, to be performed by Seller or the EPC Contractor. Activity EPC Contractor / Subcontractor Completion Date __/__/____ (expected / actual) __/__/____ (expected / actual)

  • Preparatory Contract Negotiations Meetings Where operational requirements permit, the Employer will grant leave without pay to an employee to attend preparatory contract negotiations meetings.

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