Scope Change Orders Clause Samples
Scope Change Orders. A “Scope Change” means a material addition to, deletion from, suspension of or other modification to, the quality, function or intent of the DB Project as delineated in the Scope Document, or a material change to the requirements of this Agreement, but shall not include refinement, correction or detailing of the DB Work by Concessionaire and Contractor from time to time. Concessionaire may order Scope Changes to the DB Work, in which event, as more specifically set forth in this Article 12, one or more of the Contract Sum, the Payment and Values Schedule, the Maximum Cumulative Drawdown Schedule, the Project Schedule, the Guaranteed Substantial Completion Date, the Guaranteed Final Acceptance Date, the Long Stop Date, the Scope Document and any other applicable terms and conditions of the Contract Documents shall be adjusted accordingly, if necessary, as agreed by Concessionaire and Contractor or determined pursuant to dispute resolution under Article 19; provided, that Contractor shall use reasonable efforts to mitigate the impacts of any Scope Change. If either Concessionaire or Contractor believes a Scope Change is necessary, it shall proceed as set forth in this Article 12. If Concessionaire believes that a particular item of DB Work is within the then-existing scope of DB Work but Contractor believes that such DB Work constitutes a Scope Change, the Contactor shall diligently proceed with such DB Work as directed in writing by Concessionaire; provided, that if the disputed item of DB Work is subsequently determined to constitute a Scope Change (whether by mutual agreement of the Parties or by operation of the dispute resolution provisions in Section 12.14), then such DB Work shall be deemed to have been the subject of a Work Order under Section 12.9 and Concessionaire shall issue a Scope Change Order with respect thereto as provided in Section 12.10 hereof; otherwise, Contractor shall not be entitled to a Scope Change Order with respect to such item of DB Work. All Scope Changes may be subject to the Department’s consent, as described in Section 24.8 hereof. In the event the Department requires modifications to the Contract Documents as a condition of its approval of any Scope Change, the Parties shall cooperate to effect such modifications. As a condition to Concessionaire’s obligation under this Article 12 to make payments to Contractor in respect to a Scope Change Order or Work Order, Contractor shall increase the amount of the Letter of Credit by ...
Scope Change Orders i. Following agreement on a final Project Plan at the completion of Stage 1 Work, the Parties may enter into a Scope Change Order for the purpose of (a) incorporating the final Project Plan in this Agreement, (b) adjusting the Project Plan Fixed Cost and the associated Discovery Labs Fixed Fee based on the results of Stage 1 Work, and (c) incorporating such other changes that the Parties agree are necessary and appropriate.
ii. In addition, it may be necessary during the performance of the Project Plan, to enter into one or more additional Scope Change Orders to implement changes determined by Discovery Labs as being necessary or appropriate under the circumstances to meet its objectives. In that event, the Parties will negotiate in good faith to agree upon an appropriate cost and implementation plan for such Scope Change and enter into a Scope Change Order. To the extent that implementation of a Scope Change, as set forth in the related Scope Change Order, causes the date for completion of the Project Plan to be extended beyond the then current Milestone Date (as defined in Section 3.E(ii), below), then such Milestone Date shall be delayed for the period of such extension. By way of example, if implementation of a Scope Change Order would cause the Project Plan to be extended by one month, then the Milestone Date would be similarly extended to June 30, 2016. HAS BEEN OMITTED BECAUSE IT IS NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO THE REGISTRANT IF PUBLICLY DISCLOSED.
Scope Change Orders. Manager acknowledges that no change shall be made to the Construction Budget for any costs associated with the construction of the Project (a “Scope Change Order”) without the prior written consent of Owner, which consent will not be unreasonably withheld or delayed, and Owner agrees to approve or describe the reason for disapproval of all Scope Change Orders within 10 Business Days of the date of Manager’s written request, which written request shall include all information reasonably necessary for Owner to respond to Manager’s request; provided, however, Owner’s consent shall not be required for any single Scope Change Order that is less than $50,000, or for Scope Change Orders of $250,000 in the aggregate for the fiscal year. All Scope Change Orders must be accompanied by detailed information regarding the need for such Scope Change Order.
Scope Change Orders. A “Scope Change” means a material addition to, deletion from, suspension of or other modification to, the quality, function or intent of the Project as delineated in the Scope Document, or a material change to the requirements of this Agreement, but shall not include refinement, correction or detailing of the Work by Concessionaire and Contractor from time to time. Concessionaire may order Scope Changes to the Work, in which event, as more specifically set forth in Article 12, one or more of the Contract Sum, the Payment and Values Schedule, the Project Schedule and the Guaranteed Substantial Completion Date shall be adjusted accordingly, if necessary, as agreed by Concessionaire and Contractor. If either Concessionaire or Contractor believes a Scope Change is necessary, it shall proceed as set forth in this Article 12. If Concessionaire believes that a particular item of Work is within the then-existing scope of Work but Contractor believes that such Work constitutes a Scope Change, the Contactor shall diligently proceed with such Work as directed in writing by Concessionaire; provided, that if the disputed item of Work is subsequently determined to constitute a Scope Change (whether by mutual agreement of the Parties or by operation of the dispute resolution provisions in Section 12.14), then such Work shall be deemed to have been the subject of a Work Order under Section 12.9 and Concessionaire shall issue a Scope Change Order with respect thereto as provided in Section