Common use of Pricing of Changes Clause in Contracts

Pricing of Changes. (a) When calculating the change in the Contract Sum caused by changes in the Work pursuant to this Article 11 (Changes in Scope of Work), the pricing set forth in Exhibit C (Contract Pricing, Payments and Milestone Achievement Criteria) shall apply to increases, decreases and other changes in the Work, as applicable. Where the pricing in Exhibit C does not apply to a specific change, (i) if the change in the Work alters the Work in a manner that results in the provision of additional services or materials, the increase in the Contract Sum shall be equal to either (a) a lump sum agreed to by the Parties, or (b) in the absence of agreement by the Parties, the Default Pricing set forth in Exhibit C (Contract Pricing, Payments and Milestone Achievement Criteria) for Contractor services, and (ii) if the change in the Work alters the Work in a manner that results in the provision of fewer services or materials, the decrease in the Contract Sum shall be equal to either (a) a lump sum agreed to by the Parties or (b) in the event the Parties cannot agree on such lump sum, a percentage reduction, as reasonably agreed by the Parties, in the Milestone Payments to which the Work relates in an amount reflecting the reduction of services or materials necessary to complete the Milestones. In determining any increase or decrease in the Contract Sum under this Article 11.3 (Pricing of Changes), the increase or decrease to the Contract Sum shall be further adjusted to take into account the effect, if any, of the increase, decrease or other change in the Work on the efficiencies in performance by Contractor (and its Subcontractors), including the effect on changes in the Initial City Schedules, the incurrence of wind-down expenses (including those described in Article 26.1(d)) and the incurrence of mobilization expenses.

Appears in 4 contracts

Samples: Contract for Engineering and Construction (LCC International Inc), Xm Satellite Radio Holdings Inc, Xm Satellite Radio Holdings Inc

AutoNDA by SimpleDocs
Time is Money Join Law Insider Premium to draft better contracts faster.