Common use of Other Changes and Equitable Adjustments Clause in Contracts

Other Changes and Equitable Adjustments. Applied may, upon notice to Supplier, require Engineering Change Orders (“ECOs”) with respect to an Item to address (i) safety problems related to an Item, (ii) an Item’s non-compliance with governmental regulations or laws in place at the time of delivery of an Item to Applied, or (iii) performance problems or concerns arising from the Item’s noncompliance with its written Specifications, and Applied may request an ECO with respect to an Item for other reasons. Supplier’s expectations and responsibilities associated with ECOs are set forth in Attachment 14, “ECO Process Requirements” on the Applied Web Site. With respect to an ECO required by Applied, or an ECO requested by Applied and approved by Supplier, Supplier shall meet such requirements in a timely and cost effective manner. The price for any Item for which Applied has issued an ECO will be adjusted up or down based on [*]. If the required change causes the part number to change and thus become a “new Item”, the new Item will be added to Attachment 1 and the price for the new Item will be the price of the original Item before the change, adjusted up or down based on [*] for that Item. Either party may submit a request for a price change based on an ECO. Supplier shall supply the original Item and/or the new Item in accordance with Applied’s request. No claim by Supplier for adjustment under this subsection shall be valid unless in writing and received by Applied within [*] from the date of Supplier’s receipt of the notice of such change; provided, however, that such period may be extended upon the written approval of Applied, and provided that so long as Supplier asks Applied for additional time in writing within this [*] period, Applied will not unreasonably withhold consent for an extension up to [*].