Scope Changes (Non-ITC Eligible) Clause Samples
The 'Scope Changes (Non-ITC Eligible)' clause defines the process for managing modifications to the project scope that do not qualify for Investment Tax Credit (ITC) benefits. It typically outlines the procedures for requesting, reviewing, and approving such changes, including documentation requirements and any adjustments to cost or schedule that may result. By establishing clear guidelines for handling non-ITC eligible scope changes, this clause helps prevent disputes and ensures that both parties understand how these changes will be managed and compensated.
Scope Changes (Non-ITC Eligible). If changes in project scope occur that are not eligible for the Federal Investment Tax Credit (including but not limited to ADA compliance costs not related to System configuration or construction, fencing and gates or civil scope) and the costs directly related such changes go beyond those contemplated as part of the development and implementation of the System in this Agreement, Provider will provide reasonable documentation demonstrating the direct and actual time and materials costs relating to such costs to Purchaser. Within thirty (30) days after Purchaser receives such documentation, Purchaser will provide written notice to Provider of Purchaser’s election of one of the following options:
Scope Changes (Non-ITC Eligible). If changes in project scope occur that are not eligible for the Federal Investment Tax Credit (such as but not limited to additional required ADA upgrades) and such additional scope and associated costs go beyond those contemplated as part of the development and implementation of the System in this Agreement, Contractor will provide reasonable documentation demonstrating the direct and actual time and materials costs relating to such associated costs with a 10% markup, and, within 30 days of receipt of notice from Contractor reasonably substantiating the associated costs, Purchaser will provide written notice to Contractor of Purchaser’s election of one of the following options: Council will pay the entire amount of such associated costs, and the Fixed Price will remain unchanged. For every $_____ per watt DC of such associated costs, the Fixed Price will increase $_____ per kWh.
Scope Changes (Non-ITC Eligible). If changes in project scope occur that are not eligible for the Federal Investment Tax Credit (including but not limited to ADA compliance costs not related to System configuration or construction) and the costs directly related such changes go beyond those contemplated as part of the development and implementation of the System in this Agreement, Provider will provide reasonable documentation demonstrating the direct and actual time and materials costs relating to such costs to Purchaser. Within thirty (30) days after Purchaser receives such documentation, Purchaser will provide written notice to Provider of Purchaser’s election of one of the following options: Purchaser will pay the entire amount of such associated costs, and the kWh rate as stated in the PPA Rate Table will remain unchanged. For every $0.01 per watt DC of such associated costs, the kWh rate in the PPA Rate Table will increase $0.00061 per kWh. Provider shall then be responsible for all associated costs and payments. If the aggregate of costs set forth above for which Purchaser has elected to pay for via increased kWh Rate exceed the maximum total kWh Rate increase of $0.0089/kWh, the Provider has the option to terminate this Agreement and to remove the System pursuant to Section 2.4 of the General Conditions.