Common use of Changes Requested by Owner Clause in Contracts

Changes Requested by Owner. (a) Subject to paragraphs (b), (c), and (d) below, Owner shall be entitled to direct, during the performance of this Contract, any change within the general scope of this Contract, including any change that will add, delete, or change the Work, affect the design or construction of any Site or the time for performance of the Work set forth in the Initial City Schedules and/or Acceptance Date; provided, however, (i) this Article 11 (Changes in Scope of Work) shall not be used by Owner to terminate this Contract in part for convenience; (ii) Owner shall be entitled only to direct additions or changes to the Work for which Contractor has, or will have within a reasonable period of time using commercially reasonable efforts, the resources to perform such addition or change; (iii) the additions or changes to the Work involve services Contractor provides as part of its ordinary business; and (iv) the additions or changes to the Work will not materially adversely affect Contractor's performance under the Initial City Schedules. (b) Any change directed by Owner as described in paragraph (a) above shall be submitted in writing to Contractor. Contractor shall respond to such directed change in writing to Owner within fourteen (14) Calendar Days after receipt of such directed change and shall include in such response the details of the impact of such change in the Work on the Contract Sum and/or Initial City Schedules and/or Acceptance Date. In the event Contractor, using commercially reasonable efforts, cannot prepare such details within such period, Contractor shall so advise Owner and shall submit, for Owner's approval, a request for an extension of such period that in no event shall exceed sixteen (16) Calendar Days, such request to set forth the reasons that the details of the impact of such change could not be documented within such fourteen (14) Calendar Days using commercially reasonable efforts. Upon Owner's approval, Contractor shall be granted such extension. (c) If Owner and Contractor agree upon the change in the Contract Sum and/or the Initial City Schedule and/or Acceptance Date caused by the change in the Work, Contractor shall proceed with the performance of this Contract as changed immediately upon the execution by both Parties of a Change Order reflecting such agreement. (d) If the Parties cannot agree on a change to the Contract Sum and/or Initial City Schedule and/or Acceptance Date, as occasioned by the additions or changes in the Work directed by Owner pursuant to paragraph (a) above, Owner may issue a Change Directive for such additions or changes. Contractor shall proceed with the Work in accordance with the Change Directive and Owner may dispute the reasonableness of Contractor's determination with respect to the appropriate change to the Contract Sum and/or Initial City Schedule and/or Acceptance Date under Article 22 (Dispute Resolution). Pending resolution of such dispute, Owner shall pay Contractor in accordance with Article 11.3(b). If it is determined by written agreement of the Parties or pursuant to Article 22 (Dispute Resolution) that Contractor is entitled to an amount other than the amount paid by Owner, Owner shall pay to Contractor the amounts of the shortfall or Contractor shall refund to Owner the amount of the excess, as the case may be, with interest on such amount running from the date of initial payment by Owner to the date of additional payment or refund, as the case may be, at the interest rate set forth in Article 28.11 (Calculation of Interest). (e) Any determination of a change to the Contract Sum pursuant to this Article 11.1 (Changes Requested by Owner) shall be made in accordance with Article 11.3 (Pricing of Changes).

Changes Requested by Owner. (a) Subject to paragraphs (b), (c), and (d) below, Owner shall be entitled to direct, during the performance of this Contract, any change within the general scope of this Contract, including any change that will add, delete, or change the Work, affect the design or construction of any Site or the time for performance of the Work set forth in the Initial City Schedules and/or Acceptance Date; provided, however, (i) this Article 11 (Changes in Scope of Work) shall not be used by Owner to terminate this Contract in part for convenience; (ii) Owner shall be entitled only to direct additions or changes to the Work for which Contractor has, or will have within a reasonable period of time using commercially reasonable efforts, the resources to perform such addition or change; (iii) the additions or changes to the Work involve services Contractor provides as part of its ordinary business; and (iv) the additions or changes to the Work will not materially adversely affect Contractor's performance under the Initial City Schedules. (b) Any change directed by Owner as described in paragraph (a) above shall be submitted in writing to Contractor. Contractor shall respond to such directed change in writing to Owner within fourteen (14) Calendar Days after receipt of such directed change and shall include in such response the details of the impact of such change in the Work on the Contract Sum and/or Initial City Schedules and/or Acceptance Date. In the event Contractor, using commercially reasonable efforts, cannot prepare such details within such period, Contractor shall so advise Owner and shall submit, for Owner's approval, a request for an extension of such period that in no event shall exceed sixteen (16) Calendar Days, such request to set forth the reasons that the details of the impact of such change could not be documented within such fourteen (14) Calendar Days using commercially reasonable efforts. Upon Owner's approval, Contractor shall be granted such extension. (c) If Owner and Contractor agree upon the change in the Contract Sum and/or the Initial City Schedule and/or Acceptance Date caused by the change in the Work, Contractor shall proceed with the performance of this Contract as changed immediately upon the execution by both Parties of a Change Order reflecting such agreement. (d) If the Parties cannot agree on a change to the Contract Sum and/or Initial City Schedule and/or Acceptance Date, as occasioned by the additions or changes in the Work directed by Owner pursuant to paragraph (a) above, Owner may issue a Change Directive for such additions or changes. Contractor shall proceed with the Work in accordance with the Change Directive and Owner may dispute the reasonableness of Contractor's determination with respect to the appropriate change to the Contract Sum and/or Initial City Schedule and/or Acceptance Date under Article 22 (Dispute Resolution). Pending resolution of such dispute, Owner shall pay Contractor in accordance with Article 11.3(b). If it is determined by written agreement of the Parties or pursuant to Article 22 (Dispute Resolution) that Contractor is entitled to an amount other than the amount paid by Owner, Owner shall pay to Contractor the amounts of the shortfall or Contractor shall refund to Owner the amount of the excess, as the case may be, with interest on such amount running from the date of initial payment by Owner to the date of additional payment or refund, as the case may be, at the interest rate set forth in Article 28.11 (Calculation of Interest). (e) Any determination of a change to the Contract Sum pursuant to this Article 11.1 (Changes Requested by Owner) shall be made in accordance with Article 11.3 (Pricing of Changes).of