The Change Order. The Change Order is the instrument by which adjustments in the Contract Sum and the Contract Time are effected. The Change Order shall be accompanied by a breakdown as set forth in Paragraph 3.
The Change Order. The Change Order is the written instrument by which adjustments in the Contract Sum and the Contract Time are effected. The Change Order shall be accompanied by a breakdown as set forth in the Paragraph below. The breakdown is for the purpose of enabling the Design Professional and the Owner to make a judgment on the dollar amount of the adjustment in the Contract Sum and is not a part of the Change Order. No condition, term, qualification, limitation, exception, exemption, modification, or proviso, except as set forth in this Part, shall appear in the breakdown. Only such conditions, terms, qualifications, limitations, exceptions, exemptions, modifications, and provisos as are permitted under this Part are valid. The Design Professional shall certify to the dollar amount and description of the adjustments permitted by the Change Order.
The Change Order. If any provision of this Agreement is found to be unenforceable by a court of law, the parties shall negotiate in good faith to agree upon a substitute provision that is consistent with the intentions underlying the original provision and the remainder shall be enforced to the extent permitted by Law. No waiver will be valid unless in writing and signed by the Party against which such waiver is sought to be enforced. The waiver or failure of either Party to exercise any right will not be deemed a waiver of any future right. The following Sections of these Terms shall survive termination or expiration of the Agreement for any reason: 3, 5, 6, 7, 8, 9 and 10.
