VARIATIONS AND CLAIMS Sample Clauses

VARIATIONS AND CLAIMS. 10.1 The Employer may instruct Variations 10.2 The Employer shall value the Variations using appropriate rates within the Contract or by a lump sum price agreed between the Parties, or by new rates which the Engineer considers appropriate.
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VARIATIONS AND CLAIMS. 11.1 The Employer has the right at any time to request a change to the contract ("Variation Request"). 11.2 Depending on the nature and extent of such Variation Request, the Contractor shall, within thirty (30) days or any longer reasonable period after receipt, propose to the Employer in writing the effects of such a variation with respect to the time schedule and/or the Contract Price ("Variation Proposal"). 11.3 The Employer shall, within twenty (20) days after receipt of a Variation Proposal, provide written reply to the Variation Proposal, failing of which the Variation Proposal shall be deemed to be accepted. In the event of rejection, the Parties shall without any delay agree on the action to be taken. If an agreement cannot be reached within twenty (20) days after the Contractor's receipt of the notice of rejection, Contractor shall be free to proceed with the works as described prior to the Variation Request with an extension of time for completion equal to the delay resulting from the Variation Request. 11.4 The Contractor, at his own discretion, shall be entitled to make minor changes to the Contract, which do not impact the Contract Price and/or delivery time. 11.5 Any changes to the Contract necessitated by changes in law or required by authorities after the effective date of the Contract shall be treated as a Variation Request. The Contractor shall, within thirty (30) days after learning of it submit a Variation Proposal to the Employer. 11.6 If the Employer considers himself to be entitled to any claim arising out of a clause of the Contract, or otherwise in connection with the Contract ("Claim"), the Employer shall give notice to the Contractor not later than thirty (30) days after the Employer became aware, or should have become aware of the event or circumstance giving rise to the Claim describing in detail the event(s) or circumstance(s) giving rise to the Claim and if requested provide further evidence. If the Employer fails to give notice of a Claim within said period, the Contractor shall be discharged from all liabilities in connection with the Claim. Employer waives any right to raise a Claim for late delivery, back-charges and any other Contract Price reduction six (6) months after delivery or completion of services.
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VARIATIONS AND CLAIMS. 10.1. A Variation shall mean any change from that stated in the Contract to the Works, to the Site, to the method of working, or to the sequence or the timing of work. The Contractor shall make no Variation except as ordered by Sembcorp’s Representative. 10.2. At any time during the performance of the Contract Sembcorp’s Representative may order a Variation and, subject to this Clause 10, the Contractor shall carry it out as if the Variation were part of the original Contract. The Variation shall be valued in accordance with Clause 10.5. 10.3. If the Contractor intends to claim any additional payment which does not arise out of a Variation, he shall notify in writing Sembcorp’s Representative of such intention as soon as reasonably possible, and in any event within fourteen (14) days, after becoming aware of the event which gives rise to the claim, and shall establish and maintain records relevant to the claim, together with such supporting particulars and additional records as Sembcorp’s Representative may direct in order to properly assess the Contractor’s claim. 10.4. If the Contractor fails to give notice of a claim within the period described in Clause 10.3, no adjustment to the Contract Price shall be granted and the Owner shall be discharged from all liability in connection with the claim. 10.5. Any adjustment to the Contract Price, whether by addition or deduction, in respect of any Variation or claim shall be such amount as Sembcorp’s Representative and the Contractor may agree. In the absence of such agreement, Sembcorp’s Representative shall as soon as practicable decide such amount which shall in all circumstances be reasonable having regard to Schedule 5 (Contract Price and payment). Any such agreement or decision shall be recorded by means of a Variation Order.
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VARIATIONS AND CLAIMS. 10.1 Right to Vary 10.2 Valuation of Variations
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VARIATIONS AND CLAIMS 
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Related to VARIATIONS AND CLAIMS

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  • Exclusions and Limitations of Liability TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, (a) NONE OF THE 8x8 PARTIES SHALL BE LIABLE UNDER THE AGREEMENT FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR COVER DAMAGES; LOSS OF PROFITS, REVENUES, OR GOODWILL; OR LOSS OR INTERRUPTION OF BUSINESS, WHETHER FROM BREACH OR REPUDIATION OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHERWISE AND (b) THE MAXIMUM LIABILITY OF THE 8x8 PARTIES UNDER THE AGREEMENT, WHETHER ARISING FROM A THEORY OR CLAIM OF BREACH OR REPUDIATION OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, TORT, STATUTORY DUTY, OR OTHERWISE, SHALL IN NO CASE EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAYABLE UNDER THE AGREEMENT FOR THE TWELVE- (12-) MONTH PERIOD PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING EXCLUSION AND LIMITATION SHALL APPLY REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND ON A CUMULATIVE (RATHER THAN PER-INCIDENT) BASIS. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE PRICING AND OTHER TERMS UNDER THE AGREEMENT ARE BASED ON THE FOREGOING EXCLUSION AND LIMITATION.

  • General Matters The parties hereto agree that they will, in good faith and with their best efforts, cooperate with each other to carry out the transactions contemplated by this Agreement and to effect the purposes hereof.

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  • Captions and Cross References The various captions (including the table of contents) in this Agreement are provided solely for convenience of reference and shall not affect the meaning or interpretation of any provision of this Agreement. Unless otherwise indicated, references in this Agreement to any Section, Schedule or Exhibit are to such Section Schedule or Exhibit to this Agreement, as the case may be, and references in any Section, subsection, or clause to any subsection, clause or subclause are to such subsection, clause or subclause of such Section, subsection or clause.

  • Captions and References The captions and headings in this Agreement are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. All references in this Agreement to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted.

  • Definitions and General Provisions The following words and terms as hereinafter used in this Agreement shall have the following meanings unless otherwise herein provided and unless the context or use clearly indicates an other or different meaning or intent.

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