Changes to the Contract Price. Except as set forth in Section 9.5.3(b), with respect to any Change Order required to be issued to increase the Contract Price as a result of an event described in Section 9.5.1, unless the Parties agree otherwise in writing, such Change Order will, on a retrospective basis, increase the Contract Price by an amount equal to the Direct Costs incurred by Contractor solely in connection with such event, plus a ▇▇▇▇-up. The ▇▇▇▇-up is not to exceed ______ percent (__%) in the aggregate, including all Subcontractor and Contractor ▇▇▇▇-ups solely in connection with such Change. In no event will Contractor be entitled to payment for Direct Costs hereunder to the extent that such costs would have occurred notwithstanding such event, due to the concurrent fault, actions or omissions of Contractor or its Subcontractors.
Appears in 2 contracts
Sources: Engineering, Procurement and Construction Agreement, Engineering, Procurement and Construction Agreement