Change in Applicable Laws. 16.17.1 Before complying with a change in Applicable Laws that would require a change in Project design or construction, Contractor shall promptly provide notice of such change in Applicable Laws to Authority. Nothing in the Contract shall be construed to permit work not conforming to Applicable Laws. If Contractor observes that portions of the Contract are at variance with Applicable Laws, Contractor shall promptly notify Authority in writing. If Contractor performs Work contrary to Applicable Laws, Contractor shall assume fully responsible for the Work and shall bear the associated costs. 16.17.2 Contractor shall be entitled to an extension of each applicable Milestone Acceptance Deadline and to an increase to each applicable Milestone Contract Amount, or Authority shall be entitled to a reduction of each applicable Milestone Acceptance Deadline and a decrease in each applicable Milestone Contract Amount, as applicable, based on a change to Applicable Laws, if the change (i) requires physical rework to the Project that have already achieved Final Acceptance, or (ii) is both a Discriminatory Change, and affects the physical Work. Notwithstanding the above, Contractor shall not be entitled to relief based on a change in Applicable Laws that was enacted on or before [Prior to execution, insert the date that is 30 days prior to the Close Date]. Contractor shall be deemed to have had notice of all Applicable Laws enacted on or before the date above, whether or not the Applicable Law becomes effective after such date. For the avoidance of doubt, Contactor and Authority shall not be entitled to a Change Order based on changes related to taxes.
Appears in 1 contract
Sources: Track and Systems Agreement
Change in Applicable Laws.
16.17.1 16.15.1 Before complying with a change in Applicable Laws that would require a change in Project design or construction, Contractor shall promptly provide notice of such change in Applicable Laws to Authority. Nothing in the Contract shall be construed to permit work not conforming to Applicable Laws. If Contractor observes that portions of the Contract are at variance with Applicable Laws, Contractor shall promptly notify Authority in writing. If Contractor performs Work contrary to Applicable Laws, Contractor shall assume fully responsible for the Work and shall bear the associated costs.
16.17.2 16.15.2 Contractor shall be entitled to an extension of each applicable Milestone Acceptance Deadline the Contract Time and to an increase to each applicable Milestone the Contract Amount, or Authority shall be entitled to a reduction of each applicable Milestone Acceptance Deadline the Contract Time and a decrease in each applicable Milestone the Contract Amount, as applicable, based on on:
(a) a change to Applicable Laws, except for changes addressed under (b) below, if the change is both (i) requires physical rework to the Project that have already achieved Final Acceptance, or (ii) is both a Discriminatory Change, and (ii) affects the physical Work; or
(b) to the extent the cost of, and/or time required for, performance of the Work materially increases or decreases because of differences between (i) Applicable Laws, including requirements in a final Tier III rule or RPA, and (ii) the Draft Tier III Rule (except increases required as a result of Contractor-initiated changes to the Project), provided such differences affect the physical Work. Notwithstanding the above, Contractor shall not be entitled to relief based on a change in Applicable Laws that was enacted on or before [Prior to execution, insert the date that is 30 days prior to the Close “Final Proposal Due Date” set forth in Section 3.4 of the Instructions to Proposers or, if later, the date that is 30 days prior to submission of a revised proposal or best and final offer, if any]. Contractor shall be deemed to have had notice of all Applicable Laws enacted on or before the date above, whether or not the Applicable Law becomes effective after such date. For the avoidance of doubt, Contactor and Authority shall not be entitled to a Change Order based on changes related to taxes.taxes.
Appears in 1 contract
Sources: Trainset Agreement