Common use of A Change Order Clause in Contracts

A Change Order. is required regardless of the reason underlying the change and regardless of whether the change increases, decreases or has no effect on DB Contractor’s costs. 2.1.3.3. DB Contractor shall be responsible for any cost increases and/or delays which affect the duration of a Critical Path resulting from changes in requirements and obligations of DB Contractor relating to the Project due to inaccuracies in the Schematic Design. Notwithstanding the foregoing, DB Contractor shall be entitled to a Change Order to account for any additional costs incurred as a result of additional Utility Adjustment Work on Additional Properties required due to a Necessary Basic Configuration Change. Any changes in the Basic Configuration, including Basic Configuration Changes due to an Error in the Schematic Design that do not require the acquisition of Additional Properties, shall be the responsibility of DB Contractor with the exception of a TxDOT-Directed Change involving more than $10,000 in additional direct costs or involving a delay to a Critical Path. 2.1.3.4. No Change Order shall be required for any non-material changes in the Basic Configuration which have been approved by TxDOT in the design approval process, unless DB Contractor claims that it is entitled to an increase in the Price or extension of any Completion Deadline(s) in connection with a proposed change in accordance with Section 13 or unless the proposed change constitutes a VE pursuant to Section 22. DB Contractor acknowledges and agrees that constraints set forth in the TxDOT-Provided Approvals, TxDOT Standards and other Contract Documents, as well as site conditions and the Schematic Design, will impact DB Contractor’s ability to make non- material changes in the Basic Configuration.

A Change Order. is required regardless of the reason underlying the change and regardless of whether the change increases, decreases or has no effect on DB ContractorDeveloper’s costs. 2.1.3.3. DB Contractor 2.1.3.3 Developer shall be responsible for any cost increases and/or delays which affect the duration of a Critical Path resulting from changes in requirements and obligations of DB Contractor Developer relating to the Project due to inaccuracies in the Schematic DesignDraft Interim Schematic. Notwithstanding the foregoing, DB Contractor Developer shall be entitled to a Change Order to account for any additional costs incurred as a result of additional Utility Adjustment Work on Additional Properties required due to a Necessary Basic Configuration Change. Further, any right, title or interest in real property Developer must acquire as a result of such Necessary Basic Configuration Change shall be considered Additional Properties and TxDOT shall be responsible for the purchase price therefor. Any other changes in the Basic Configuration, including Basic Configuration Changes changes due to an Error in the Draft Interim Schematic Design that do not require the acquisition of Additional Properties, shall be the responsibility of DB Contractor Developer with the exception of a any TxDOT-Directed Change involving more than $10,000 in additional direct costs or involving a delay to a Critical Path. 2.1.3.4. 2.1.3.4 No Change Order shall be required for any non-material changes in the Basic Configuration which have been approved by TxDOT in the design approval process, unless DB Contractor Developer claims that it is entitled to an increase in the Price or extension of any Completion Deadline(s) in connection with a proposed change in accordance with Section 13 or unless the proposed change constitutes a VE pursuant to Section 22. DB Contractor Developer acknowledges and agrees that constraints set forth in the TxDOT-Provided Approvals, TxDOT Standards and other Contract Documents, as well as site conditions and the Schematic DesignDraft Interim Schematic, will impact DB ContractorDeveloper’s ability to make non- non-material changes in the Basic Configuration.

A Change Order. is required regardless of the reason underlying the change and regardless of whether the change increases, decreases or has no effect on DB Contractor’s costs.and 2.1.3.3. DB Contractor shall be responsible for any cost increases and/or delays which affect the duration of a Critical Path resulting from changes in requirements and obligations of DB Contractor relating to the Project due to inaccuracies in the Schematic Design. Notwithstanding the foregoing, DB Contractor shall be entitled to a Change Order to account for any additional costs incurred as a result of a required New Section 408 Approval due to, necessary Hazardous Materials Management on and additional Utility Adjustment Work on Additional Properties required due to a Necessary Basic Configuration Change, to the extent set forth in Section 13.8.6. Further, any right, title or interest in real property DB Contractor must acquire as a result of such Necessary Basic Configuration Change shall be considered Additional Properties, and TxDOT shall be responsible for the purchase price therefor. Any changes in the Basic Configuration, including Basic Configuration Changes changes due to an Error in the Schematic Design that do not require the acquisition of Additional Properties, shall be the responsibility of DB Contractor with the exception of a TxDOT-Directed Change involving more than $10,000 in additional direct costs or involving a delay to a Critical Path. 2.1.3.4. No Change Order shall be required for any non-material changes in the Basic Configuration which have been approved by TxDOT in the design approval process, unless DB Contractor claims that it is entitled to an increase in the Price or extension of any Completion Deadline(s) in connection with a proposed change in accordance with Section 13 or unless the proposed change constitutes a VE pursuant to Section 22. DB Contractor acknowledges and agrees that constraints set forth in the TxDOT-Provided Approvals, TxDOT Standards and other Contract Documents, as well as site conditions and the Schematic Design, will impact DB Contractor’s ability to make non- non-material changes in the Basic Configuration.

A Change Order. is required regardless of the reason underlying the change and regardless of whether the change increases, decreases or has no effect on DB Contractor’s costs. 2.1.3.3. DB Contractor shall be responsible for any cost increases and/or delays which affect the duration of a Critical Path resulting from changes in requirements and obligations of DB Contractor relating to the Project due to inaccuracies in the Schematic Design. Notwithstanding the foregoing, DB Contractor shall be entitled to a Change Order to account for any additional costs incurred as a result of additional Utility Adjustment Work on Additional Properties required due to a Necessary Basic Configuration Change. Any changes in the Basic Configuration, including Basic Configuration Changes due to an Error in the Schematic Design that do not require the acquisition of Additional Properties, shall be the responsibility of DB Contractor with the exception of a TxDOT-Directed Change involving more than $10,000 in additional direct costs or involving a delay to a Critical Path. 2.1.3.4. No Change Order shall be required for any non-material changes in the Basic Configuration which have been approved by TxDOT in the design approval process, unless DB Contractor claims that it is entitled to an increase in the Price or extension of any Completion Deadline(s) in connection with a proposed change in accordance with Section 13 or unless the proposed change constitutes a VE pursuant to Section 22. DB Contractor acknowledges and agrees that constraints set forth in the TxDOT-Provided Approvals, TxDOT Standards and other Contract Documents, as well as site conditions and the Schematic Design, will impact DB Contractor’s ability to make non- non-material changes in the Basic Configuration.

A Change Order. is required regardless of the reason underlying the change and regardless of whether the change increases, decreases or has no effect on DB ContractorDeveloper’s costs. 2.1.3.3. DB Contractor 2.1.3.3 Developer shall be responsible for any cost increases and/or delays which affect the duration of a Critical Path resulting from changes in requirements and obligations of DB Contractor Developer relating to the Project due to inaccuracies in the Schematic Design. Notwithstanding the foregoing, DB Contractor Developer shall be entitled to a Change Order to account for any additional costs incurred as a result of New Environmental Approvals required for, necessary Hazardous Materials Management on, and additional Utility Adjustment Work on on, Additional Properties required due to a Necessary Basic Configuration ChangeChange to the extent set forth in Section 13.8.6. Further, any right, title or interest in real property Developer must acquire as a result of such Necessary Basic Configuration Change shall be considered Additional Properties and TxDOT shall be responsible for the purchase price therefor in accordance with Section 6.2.2. Any other changes in the Basic Configuration, including Basic Configuration Changes changes due to an Error in the Schematic Design that do not require the acquisition of Additional Properties, shall be the responsibility of DB Contractor Developer with the exception of a TxDOT-Directed Change involving more than $10,000 in additional direct costs or involving a delay to a Critical Path. 2.1.3.4. 2.1.3.4 No Change Order shall be required for any non-material changes in the Basic Configuration which have been approved by TxDOT in the design approval process, unless DB Contractor Developer claims that it is entitled to an increase in the Price or extension of any Completion Deadline(s) in connection with a proposed change in accordance with Section 13 or unless the proposed change constitutes a VE pursuant to Section 22. DB Contractor Developer acknowledges and agrees that constraints set forth in the TxDOT-TxDOT- Provided Approvals, TxDOT Standards and other Contract Documents, as well as site conditions and the Schematic Design, will impact DB ContractorDeveloper’s ability to make non- non-material changes in the Basic Configuration.

A Change Order. is required regardless of the reason underlying the change and regardless of whether the change increases, decreases or has no effect on DB Contractor’s costs. 2.1.3.3. DB Contractor shall be responsible for any cost increases and/or delays which affect the duration of a Critical Path resulting from changes in requirements and obligations of DB Contractor relating to the Project due to inaccuracies in the Schematic Design. Notwithstanding the foregoing, DB Contractor shall be entitled to a Change Order to account for any additional costs incurred as a result of required modifications to any Environmental Approval due to, any Hazardous Materials Management on and any additional Utility Adjustment Work on Additional Properties required due to a Necessary Basic Configuration ChangeChange to the extent set forth in Section 13.8.5. Further, any right, title or interest in real property DB Contractor must acquire as a result of such Necessary Basic Configuration Change shall be considered Additional Properties, and TxDOT shall be responsible for the purchase price therefor. Any changes in the Basic Configuration, including a Necessary Basic Configuration Changes Change due to an Error in the Schematic Design that do does not require the acquisition of Additional Properties, shall be the responsibility of DB Contractor with the exception of a TxDOT-TxDOT- Directed Change involving more than $10,000 in additional direct costs or involving a delay to a Critical Path. 2.1.3.4. No Change Order shall be required for any non-material changes in the Basic Configuration which have been approved by TxDOT in the design approval process, unless DB Contractor claims that it is entitled to an increase in the Price or extension of any Completion Deadline(s) in connection with a proposed change in accordance with Section 13 or unless the proposed change constitutes a VE pursuant to Section 22. DB Contractor acknowledges and agrees that constraints set forth in the TxDOT-Provided Approvals, TxDOT Standards and other Contract DBA Documents, as well as site conditions and the Schematic Design, will impact DB Contractor’s ability to make non- material changes in the Basic Configuration.

A Change Order. is required regardless of the reason underlying the change and regardless of whether the change increases, decreases or has no effect on DB Contractor’s costs. 2.1.3.3. DB Contractor shall be responsible for any cost increases and/or delays which affect the duration of a Critical Path resulting from changes in requirements and obligations of DB Contractor relating to the Project due to inaccuracies in the Schematic Design. Notwithstanding the foregoing, DB Contractor shall be entitled to a Change Order to account for any additional costs incurred as a result of additional Utility Adjustment Work on Additional Properties required due to a Necessary Basic Configuration Change. Further, any right, title or interest in real property DB Contractor must acquire as a result of such Necessary Basic Configuration Change shall be considered Additional Properties, and TxDOT shall be responsible for the purchase price therefor. Any changes in the Basic Configuration, including Basic Configuration Changes changes due to an Error in the Schematic Design that do not require the acquisition of Additional Properties, shall be the responsibility of DB Contractor with the exception of a TxDOT-TxDOT- Directed Change involving more than $10,000 in additional direct costs or involving a delay to a Critical Path. 2.1.3.4. No Change Order shall be required for any non-material changes in the Basic Configuration which have been approved by TxDOT in the design approval process, unless DB Contractor claims that it is entitled to an increase in the Price or extension of any Completion Deadline(s) in connection with a proposed change in accordance with Section 13 or unless the proposed change constitutes a VE pursuant to Section 22. DB Contractor acknowledges and agrees that constraints set forth in the TxDOT-Provided Approvals, TxDOT Standards and other Contract Documents, as well as site conditions and the Schematic Design, will impact DB Contractor’s ability to make non- material changes in the Basic Configuration.