Changes Made Due to Uncontrollable Circumstances Sample Clauses

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Changes Made Due to Uncontrollable Circumstances. Upon the occurrence of an Uncontrollable Circumstance prior to the Acceptance Date, the Owner shall promptly proceed, subject to the terms, conditions and procedures set forth in Section 9.3 (Uncontrollable Circumstances - Entitlement to Relief), to issue a Change Order that reflects all Design and Construction Requirement Changes reasonably necessary to address the Uncontrollable Circumstance. The Design-Builder shall consult with the Owner concerning possible means of addressing and mitigating the effect of any Uncontrollable Circumstance, and the Design-Builder and the Owner shall cooperate in order to minimize any delay, lessen any additional cost and modify the Design-Build Improvements so as to permit the Design-Builder to continue providing the Design-Build Work in light of such Uncontrollable Circumstance. The design and construction costs resulting from any such Design and Construction Requirement Change shall be borne by the Owner, except to the extent provided in Section 9.3 (Uncontrollable Circumstances - Entitlement to Relief). Any Design and Construction Requirement Change made on account of Uncontrollable Circumstances and any related change in the terms and conditions of this Design-Build Agreement, shall be reflected in a Change Order.
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Changes Made Due to Uncontrollable Circumstances. Upon the occurrence of an Uncontrollable Circumstance after the GMP Amendment Date, the Design-Builder shall promptly proceed, subject to the terms, conditions and procedures set forth in Article 39 and subject to the City’s approval, to make or cause to be made all Baseline Design Requirements Changes reasonably necessary to address the Uncontrollable Circumstance. The Design-Builder shall consult with the City concerning possible means of addressing and mitigating the effect of any Uncontrollable Circumstance. The parties shall use all reasonable efforts to address Baseline Design Requirements Changes required due to Uncontrollable Circumstances in a manner that will not impact the critical path of planned Design-Build Work in the Stage 2 Design-Build Work Schedule. The Design-Builder shall be entitled to schedule and price relief resulting from any such Baseline Design Requirements Change to the extent provided in Article 39. Without limiting the right of the City to issue a Work Change Directive under Section 31.11., any Baseline Design Requirements Change made on account of Uncontrollable Circumstances, and any related change in the terms and conditions of the Contract Documents, shall be reflected in a Change Order.
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Changes Made Due to Uncontrollable Circumstances. Upon the occurrence of an Uncontrollable Circumstance after the Project Implementation Contract Amendment Date, the Project Company shall promptly proceed, subject to the terms, conditions and procedures set forth in Article 14 (Uncontrollable Circumstances) and subject to the KRRC’s approval, to make or cause to be made all Project Technical Requirements Changes reasonably necessary to address the Uncontrollable Circumstance. The Project Company shall consult with the KRRC concerning possible means of addressing and mitigating the effect of any Uncontrollable Circumstance. The parties shall use all reasonable efforts to address Project Technical Requirements Changes required due to Uncontrollable Circumstances in a manner that will not impact the critical path of planned Project Implementation Work associated with any construction or demolition milestone in the Project Implementation Schedule. The Project Company shall be entitled to schedule and price relief resulting from any such Project Technical Requirements Change to the extent provided in Article 14 (Uncontrollable Circumstances). Without limiting the right of the KRRC to issue a Unilateral Change Directive under Section 6.10 (Unilateral Change Directives), any Project Technical Requirements Change made on account of Uncontrollable Circumstances, and any related change in the terms and conditions of the Contract Documents shall be set forth in a Change Order.
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Changes Made Due to Uncontrollable Circumstances. Upon the occurrence of an Uncontrollable Circumstance prior to the Acceptance Date, SRWA shall promptly proceed, subject to the terms, conditions and procedures set forth in Section 8.3 (Uncontrollable Circumstances - Entitlement to Relief), to make or cause to be made all Design and Construction Requirement Changes reasonably necessary to address the Uncontrollable Circumstance. The Company shall consult with SRWA concerning possible means of addressing and mitigating the effect of any Uncontrollable Circumstance, and the Company and SRWA shall cooperate in order to minimize any delay, lessen any additional cost, and modify the Project so as to permit the Company to continue providing the Design-Build Work in light of such Uncontrollable Circumstance. The design and construction costs resulting from any such Design and Construction Requirement Change shall be borne by SRWA, except to the extent provided in Section 8.3 (Uncontrollable Circumstances - Entitlement to Relief). Without limiting the right of SRWA to issue a Unilateral Change Directive under Section 4.12 (Unilateral Change Directives), any Design and Construction Requirement Change made on account of Uncontrollable Circumstances, and any related change in the terms and conditions of this Contract, shall be reflected in a Contract Administration Memorandum or Change Order, as applicable depending upon the materiality of the change, as provided in Sections 10.3 (Contract Administration) and 10.4 (Change Orders).
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Related to Changes Made Due to Uncontrollable Circumstances

  • Uncontrollable Events BISYS assumes no responsibility hereunder, and shall not be liable for any damage, loss of data, delay or any other loss whatsoever caused by events beyond its reasonable control.

  • Uncontrollable Forces Tariff Provisions Section 14.1 of the CAISO Tariff shall be incorporated by reference into this Agreement except that all references in Section 14.1 of the CAISO Tariff to Market Participants shall be read as a reference to the Participating Generator and references to the CAISO Tariff shall be read as references to this Agreement.

  • Material Changes; Undisclosed Events, Liabilities or Developments Since the date of the latest audited financial statements included within the SEC Reports, except as set forth on Schedule 3.1(i), (i) there has been no event, occurrence or development that has had or that could reasonably be expected to result in a Material Adverse Effect, (ii) the Company has not incurred any liabilities (contingent or otherwise) other than (A) trade payables and accrued expenses incurred in the ordinary course of business consistent with past practice and (B) liabilities not required to be reflected in the Company’s financial statements pursuant to GAAP or disclosed in filings made with the Commission, (iii) the Company has not altered its method of accounting, (iv) the Company has not declared or made any dividend or distribution of cash or other property to its stockholders or purchased, redeemed or made any agreements to purchase or redeem any shares of its capital stock and (v) the Company has not issued any equity securities to any officer, director or Affiliate, except pursuant to existing Company stock option plans. The Company does not have pending before the Commission any request for confidential treatment of information. Except for the issuance of the Securities contemplated by this Agreement or as set forth on Schedule 3.1(i), no event, liability, fact, circumstance, occurrence or development has occurred or exists or is reasonably expected to occur or exist with respect to the Company or its Subsidiaries or their respective businesses, prospects, properties, operations, assets or financial condition that would be required to be disclosed by the Company under applicable securities laws at the time this representation is made or deemed made that has not been publicly disclosed at least 1 Trading Day prior to the date that this representation is made.

  • Accounting Changes; Fiscal Year No Group Member shall change its (a) accounting treatment or reporting practices, except as required by GAAP or any Requirement of Law, or (b) its fiscal year or its method for determining fiscal quarters or fiscal months.

  • Uncontrollable Forces 12.1 Section 14.1 of the CAISO Tariff shall be incorporated by reference into this Agreement except that all references in Section 14.1 of the CAISO Tariff to Market Participants shall be read as a reference to the Scheduling Coordinator and references to the CAISO Tariff shall be read as references to this Agreement.