Common use of Change Events Clause in Contracts

Change Events. Except as otherwise provided herein, if and to the extent that: (a) a Force Majeure event or Change of Law (other than any Excluded Change of Law); (b) a suspension of the Work in accordance with this Agreement (for an improperly issued stop work order); (c) adverse impact on the Work pursuant to Section 2.2.13.3 or Section 3.9, other than for a Hazardous Substance for which Contractor is responsible; (d) a delay or other adverse impact arising from a discovery pursuant to Section 2.5.5; (e) a delay or failure of Owner or an Owner Supplier to perform its obligations in accordance with this Agreement or an Owner Contract (except in either case to the extent such delay or failure is attributable to Contractor or Subcontractors); (f) a change in Owner’s policies and procedures after Substantial Completion that adversely affect the performance of the Work; (g) any Separate Contractor of Owner, any of the Engineers, or any other designee or invitee of Owner performing work on the Project Site fails to comply with the reasonable coordination requirements Contractor is entitled to impose under this Agreement, causing a material interference with the performance of the Work, except to the extent such interference results from the fault of Contractor or its Subcontractors; (h) delay in issuance of the Full Notice to Proceed after September 8, 2008; (i) a delay or other net impact on Contractor resulting from a change order executed or option exercised under an Owner Contract, except to the extent arising from failure of Contractor (or its Subcontractors) to perform obligations in accordance with this Agreement; (j) a delay or other adverse impact on Contractor resulting from Owner’s exercise of its right to prevent the specific exercise of Contractor’s authority under Appendix M, except to the extent attributable to the fault of Contractor or its Subcontractors; (k) an Owner Test Interruption occurs. (each, a “Change Event”), causes Contractor to suffer a delay in the critical path of the Work, increases Contractor’s costs in performing the Work or otherwise increases the costs of the Work, impacts the ability of the Work to achieve the Performance Requirements, or adversely impacts Contractor’s ability to perform any of its other material obligations under this Agreement, then Owner shall, by Change Order, equitably adjust the Required Contract Dates in accordance with Section 10.4, equitably increase the Fixed Component in accordance with Section 10.5, equitably adjust the Milestone Payment Schedule, and/or equitably adjust the Performance Requirements or other obligations of Contractor so adversely impacted.

Change Events. Except as otherwise provided herein, if and to the extent that: (a) a Force Majeure event or Change of Law (other than any Excluded Change of Law); (b) a suspension of the Work in accordance with this Agreement (for an improperly issued stop work order); (c) adverse impact on the Work pursuant to Section 2.2.13.3 or Section 3.9, other than for a Hazardous Substance for which Contractor is responsible; (d) a delay or other adverse impact arising from a discovery pursuant to Section 2.5.5; (e) a delay or failure of Owner or an Owner Supplier supplier to perform its obligations in accordance with this Agreement or an Owner Contract (except in either case to the extent such delay or failure is attributable to Contractor or Subcontractors). This provision applies, without limitation, to Owner Contracts assigned for management to Contractor; (f) a change in Owner’s policies and procedures after Substantial Completion that adversely affect the performance of the Work; (g) any Separate Contractor of Owner, any of the Engineers, or any other designee or invitee of Owner performing work on the Project Site fails to comply with the reasonable coordination requirements Contractor is entitled to impose under this Agreement, causing a material interference with the performance of the Work, except to the extent such interference results from the fault of Contractor or its Subcontractors; (h) Owner’s direction to Contractor to make an award to a local supplier pursuant to Section 2.8.7 which award causes (i) a delay or (ii) a cost differential when compared to the cost that would have been incurred had the award been made to the supplier recommended by Contractor; (i) delay in issuance of the Full Phase 2 Notice to Proceed after September 8, 2008*; (ij) a delay or other net impact on Contractor resulting from a change order executed or option exercised under an Owner Contract, except to the extent arising from failure of Contractor (or its Subcontractors) to perform obligations in accordance with this Agreement; (jk) a delay or other adverse impact on Contractor resulting from Owner’s exercise of its right to prevent the specific exercise of Contractor’s authority under Appendix M, except to the extent attributable to the fault of Contractor or its Subcontractors; ; (kl) an Owner Test Interruption occurs. (each, a “Change Event”), causes Contractor to suffer a delay in the critical path of the Work, increases Contractor’s costs in performing the Work or otherwise increases the costs of the WorkProject, impacts the ability of the Work Project to achieve the Performance Requirements, or adversely impacts Contractor’s ability to perform any of its other material obligations under this Agreement, then Owner shall, by Change Order, equitably adjust the Required Target Contract Dates in accordance with Section 10.4, equitably increase the Phase 2 Price Fixed Component in accordance with Section 10.5, equitably adjust the Milestone Payment Schedule, equitably increase the Fee (to the extent permitted by Section 5.1.4), and/or equitably adjust the Performance Requirements or other obligations of Contractor so adversely impacted.