CHANGES OR DELAYS. Unless the accompanying Proposal provides otherwise, the proposed fees constitute ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇’s estimate to perform the services required to complete the Project as ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ understands it to be defined. For those projects involving conceptual or process development services, activities often are not fully definable in the initial planning. In any event, as the Project progresses, the facts developed may dictate a change in the services to be performed, which may alter the scope. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ will inform CLIENT of such situations so that negotiation and compensation can be accomplished as required. If such change, additional services, or suspension of services results in an increase or decrease in the cost of or time required for performance of the services, whether or not changed by any order, an equitable adjustment shall be made, and the Agreement modified accordingly. Neither party shall be deemed in default of this Agreement to the extent that any delay or failure in the performance of either party’s obligations results from any cause beyond either party’s reasonable control and without either party’s negligence.
Appears in 5 contracts
Sources: Engineering Services Agreement, Engineering Services Agreement, Agreement for Engineering Services
CHANGES OR DELAYS. Unless the accompanying Proposal provides otherwise, the proposed fees constitute ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇Kirkham Michael’s estimate to perform the services required to complete the Project as ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ understands it to be defined. For those projects involving conceptual or process development services, activities often are not fully definable in the initial planning. In any event, as the Project progresses, the facts developed may dictate a change in the services to be performed, which may alter the scope. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ will inform CLIENT of such situations so that negotiation and compensation can be accomplished as required. If such change, additional services, or suspension of services results in an increase or decrease in the cost of or time required for performance of the services, whether or not changed by any order, an equitable adjustment shall be made, and the Agreement modified accordingly. Neither party shall be deemed in default of this Agreement to the extent that any delay or failure in the performance of either party’s obligations results from any cause beyond either party’s reasonable control and without either party’s negligence.
Appears in 2 contracts
Sources: Engineering Services Agreement, Engineering Services Agreement