Pricing Procedure. (i) Without limiting Section 4.4(d), if T&M Services not included in the Annual Operating Plan that would constitute a Major Undertaking are requested by Owner or O&M Contractor, O&M Contractor shall provide a proposed firm fixed price for performing such services, including any Spare Parts or Consumables. Owner shall respond promptly (and in any event within five (5) Business Days, unless a longer period is mutually agreed to between the Parties or is otherwise required under the terms of any financing agreement with a Project Lender, with notice of such longer period provided to O&M Contractor) to any O&M Contractor proposal for T&M Services delivered by Owner, and either provide O&M Contractor with written authorization to initiate the requested services on the proposed fixed fee or at T&M Cost or inform O&M Contractor that O&M Contractor is not authorized to initiate the requested services. Notwithstanding the foregoing, for any T&M Services for which a fixed fee is specified in Exhibit A-2, O&M Contractor shall obtain Owner’s approval to perform such services but shall not submit or negotiate any other fee arrangement.
Appears in 6 contracts
Samples: Operation and Maintenance Agreement, Operation and Maintenance Agreement, Operation and Maintenance Agreement
