Seller’s Entitlement to Change Orders – Force Majeure Sample Clauses

Seller’s Entitlement to Change Orders – Force Majeure. (a) In the event of a Force Majeure, Seller shall be entitled to receive a Change Order in accordance with, and subject to, this Section 8.3 for the actual delay in achieving the Guaranteed Substantial Completion Date resulting exclusively from such Force Majeure; provided, however, that, notwithstanding anything to the contrary in this Agreement, the maximum period of extension of the Guaranteed Substantial Completion Date pursuant to this Section 8.3(a) shall be one hundred forty (140) days41 in the aggregate. (b) Seller’s sole remedy with respect to any physical damage to the Project occurring as a result of a Force Majeure event shall be schedule relief and the proceeds from the BAR policy required to be maintained by Seller under Section 13.4, which shall be used by Seller to replace or remedy the affected portions of the Project; provided that Buyer shall be responsible for funding the deductible thereunder with respect to any damage to the Project caused by an event of Force Majeure occurring from or after the Closing as provided in Section 13.4 and shall assign any rights that Buyer has with respect to such proceeds to Seller to the extent required to fund the repair or remedy of the affected portions of the Project. (c) All claims by Seller for a Change Order pursuant to this Section 8.3 shall be made in accordance with the following procedure: (i) If Seller believes a Force Majeure has or may have occurred that will delay Seller’s ability to achieve Substantial Completion by the Guaranteed Substantial Completion Date that would entitle Seller to a Change Order, Seller may deliver to the Buyer Contract Manager and the Buyer Contract Administrator a Change Notice advising Buyer of such actual or potential Force Majeure within seven (7) days after the occurrence of the event(s), circumstance(s), or condition(s) forming the basis of such Force Majeure. Seller shall include with such Change Notice the best information and documentation then reasonably available to Seller to support a claim of Force Majeure and any change proposed by Seller to the Guaranteed Substantial Completion Date based on such claim. (ii) Each Change Notice provided to Buyer under Section 8.3(c)(i) shall be reviewed by Buyer and discussed promptly, but no later than three (3) Business Days after Buyer’s receipt of such Change Notice, at a joint meeting between the Buyer Contract Manager and the Seller Project Manager (or their designees). By the date of review thereof by the Sell...
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Seller’s Entitlement to Change Orders – Force Majeure. (a) In the event of a Force Majeure, Seller shall be entitled to receive a Change Order in accordance with, and subject to, this Section 8.3 for the actual delay in achieving the Guaranteed Substantial Completion Date resulting exclusively from such Force Majeure; provided, however, that, notwithstanding anything to the contrary in this Agreement, the maximum period of extension of the Guaranteed Substantial Completion Date pursuant to this Section 8.3(a) shall be sixty (60) days53 in the aggregate (for all Force Majeure).
Seller’s Entitlement to Change Orders – Force Majeure. (a) In the event of a Force Majeure, Seller shall be entitled to receive a Change Order in accordance with, and subject to, this Section 8.3 for the actual delay in achieving the Guaranteed Substantial Completion Date resulting exclusively from such Force Majeure; provided, however, that, notwithstanding anything to the contrary in this Agreement, the maximum period of extension of the Guaranteed Substantial Completion Date pursuant to this Section 8.3(a) shall be one hundred eighty (180) days in the aggregate. (b) Seller’s sole remedy with respect to any physical damage to the Project occurring as a result of a Force Majeure event shall be schedule relief and the proceeds from the BAR policy required to be maintained by Seller under Section 13.4, which shall be used by Seller to replace or remedy the affected portions of the Project; provided that Buyer shall be responsible for funding the deductible thereunder with respect to any damage to the Project caused by an event of Force Majeure occurring from or after the Closing and shall assign any rights that Xxxxx has with respect to such proceeds to Seller to the extent required to fund the repair or remedy of the affected portions of the Project.

Related to Seller’s Entitlement to Change Orders – Force Majeure

  • Change Order The Change Order is then submitted to the Project Manager who immediately processes the CO with OPC as required by Bulletin 3.5 and BGS’ Contracting Plan.

  • Change Orders Any alteration or deviation from the Services mentioned or any other contractual specifications that result in a revision of this Agreement shall be executed and attached to this Agreement as a change order (“Change Order”).

  • Claim by Contractor After receipt of the Notice of Termination from the state, the Contractor shall submit any claim for additional costs not covered herein or elsewhere in the Contract within 60 days of the effective termination date, and not thereafter. Should the Contractor fail to submit a claim within the 60-day period, the State may, at its sole discretion, based on information available to it, determine what, if any, compensation is due the Contractor and pay the Contractor the determined amount.

  • Punchlist Upon completion of the Performance Tests and prior to Substantial Completion, Owner and Contractor shall inspect Subproject 3, and Contractor shall prepare a proposed Punchlist of items identified as needing to be completed or corrected as a result of such inspection. Contractor shall promptly provide the proposed Punchlist to Owner for its review, together with an estimate of the time and cost necessary to complete or correct each Punchlist item. Contractor shall add to the proposed Punchlist any Punchlist items that are identified by Owner within ten (10) Days after Owner’s receipt of the proposed Punchlist from Contractor, and Contractor shall immediately initiate measures to complete or correct, as appropriate, any item on Contractor’s proposed Punchlist (including those items identified by Owner during Owner’s review) that are not of a Punchlist nature. Notwithstanding anything to the contrary in this Agreement, Contractor and Owner are not required as a condition of Substantial Completion to agree upon and identify every Punchlist item and include it on the Punchlist, but Contractor is required to complete as a condition of Substantial Completion all Work that does not meet the definition of Punchlist as provided in Section 1.1. In the event of a dispute regarding whether a specific item of Work meets the definition of Punchlist under Section 1.1, the Parties shall resolve such dispute in accordance with Section 18.1A. Owner shall provide Contractor with access to the Work after Substantial Completion sufficient to enable Contractor to complete all Punchlist items, so long as such access does not unreasonably interfere with operation of Subproject 3 after Substantial Completion or Subproject 1 or Subproject 2 after substantial completion of Subproject 1 or Subproject 2 (as applicable) under the Stage 1 EPC Agreement and subject to any reasonable security or safety requirements of Owner. Upon Contractor’s completion or correction of any items necessary to achieve Substantial Completion, as modified by any Owner additions, such Punchlist shall govern Contractor’s performance of the Punchlist items up to Final Completion. All Work on the Punchlist shall be completed by the date required for Final Completion, as specified in Section 5.3C, or Owner may, in addition to any other rights that it may have under this Agreement, complete such Punchlist Work at the expense of Contractor. In the event Owner elects to complete such Punchlist Work, Contractor shall pay Owner, within ten (10) Days after receipt of written notice from Owner, all reasonable costs and expenses incurred by Owner in performing such Punchlist Work, or, at Owner’s sole discretion, Owner may withhold or offset amounts owed to Contractor or collect on the Letter of Credit in accordance with Section 7.8 in the amount of such costs and expenses. Any Defective Work identified after agreement between the Parties of the Punchlist shall be corrected by Contractor as a Warranty item under Article 12.

  • Minimum Vendor License Requirements Vendor shall maintain, in current status, all federal, state, and local licenses, bonds and permits required for the operation of the business conducted by Vendor. Vendor shall remain fully informed of and in compliance with all ordinances and regulations pertaining to the lawful provision of goods or services under the TIPS Agreement. TIPS and TIPS Members reserve the right to stop work and/or cancel a TIPS Sale or terminate this or any TIPS Sale Supplemental Agreement involving Vendor if Vendor’s license(s) required to perform under this Agreement or under the specific TIPS Sale have expired, lapsed, are suspended or terminated subject to a 30‐day cure period unless prohibited by applicable statue or regulation.

  • ADDITIONAL SPECIAL CONTRACT CONDITIONS Special Contract Conditions revisions: the corresponding subsections of the Special Contract Conditions referenced below are replaced in their entirety with the following:

  • Project Deliverables The Contractor shall provide each of the following deliverables in writing to the City for review and approval to achieve the project objectives. C.1. <Title> Deliverable 1

  • Project Schedule Construction must begin within 30 days of the date set forth in Appendix A, Page 2, for the start of construction, or this Agreement may become null and void, at the sole discretion of the Director. However, the Recipient may apply to the Director in writing for an extension of the date to initiate construction. The Recipient shall specify the reasons for the delay in the start of construction and provide the Director with a new start of construction date. The Director will review such requests for extensions and may extend the start date, providing that the Project can be completed within a reasonable time frame.

  • Change Orders and Contract Amendments 33.1 The Procuring Entity may at any time order the Supplier through notice in accordance GCC Clause 8, to make changes within the general scope of the Contract in any one or more of the following: a) drawings, designs, or specifications, where Goods to be furnished under the Contract are to be specifically manufactured for the Procuring Entity; b) the method of shipment or packing; c) the place of delivery; and d) the Related Services to be provided by the Supplier. 33.2 If any such change causes an increase or decrease in the cost of, or the time required for, the Supplier's performance of any provisions under the Contract, an equitable adjustment shall be made in the Contract Price or in the Delivery/Completion Schedule, or both, and the Contract shall accordingly be amended. Any claims by the Supplier for adjustment under this Clause must be asserted within twenty-eight (28) days from the date of the Supplier's receipt of the Procuring Entity's change order. 33.3 Prices to be charged by the Supplier for any Related Services that might be needed but which were not included in the Contract shall be agreed upon in advance by the parties and shall not exceed the prevailing rates charged to other parties by the Supplier for similar services.

  • Contract Changes Changes may not be made in the terms and conditions of this contract without the agreement and written permission of the Director of Residence Life or the Director’s designee.

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