Common use of CHANGES TO THE CONTRACT Clause in Contracts

CHANGES TO THE CONTRACT. Changes can be made to the Contract in any of the following ways: 1. The parties may agree in writing to modify the terms, conditions, or scope of the Contract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the Contract award. Any increase or decrease in the price of the Contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the Contract. 2. The Department may order changes within the general scope of the Contract at any time by written notice to the Consultant. Changes within the scope of the Contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The Consultant shall comply with the notice upon receipt, unless the Consultant intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the Consultant shall, in writing, promptly notify the Department of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Department's written decision affirming, modifying, or revoking the prior written notice. If the Department decides to issue a notice that requires an adjustment to compensation, the Consultant shall be compensated for any additional costs incurred as the result of such order and shall give the Department a credit for any savings. Said compensation shall be determined by one of the following methods: a. By mutual agreement between the parties in writing; or b. By agreeing upon a unit price or using a unit price set forth in the Contract, if the work to be done can be expressed in units, and the Consultant accounts for the number of units of work performed, subject to the Department’s right to audit the Consultant’s records and/or to determine the correct number of units independently; or c. By ordering the Consultant to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the Contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The Consultant shall present the Department with all vouchers and records of expenses incurred and savings realized. The Department shall have the right to audit the records of the Consultant as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Department within thirty (30) days from the date of receipt of the written order from the Department. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of the Contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of the Contract shall excuse the Consultant from promptly complying with the changes ordered by the Department or with the performance of the Contract generally.

Appears in 3 contracts

Sources: Appraisal Review Services Contract, Appraisal Review Services Contract, Appraisal Services Contract

CHANGES TO THE CONTRACT. Changes can be made to the Contract contract in any of the following ways: 1. The parties may agree in writing to modify the terms, conditions, or scope of the Contractcontract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the Contract contract award. Any increase or decrease in the price of the Contract contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the Contractcontract. 2. The Department Purchasing Agency may order changes within the general scope of the Contract contract at any time by written notice to the Consultantcontractor. Changes within the scope of the Contract contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The Consultant contractor shall comply with the notice upon receipt, unless the Consultant contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the Consultant contractor shall, in writing, promptly notify the Department Purchasing Agency of the adjustment to be sought, and before proceeding to comply with the notice, shall await the DepartmentPurchasing Agency's written decision affirming, modifying, or revoking the prior written notice. If the Department Purchasing Agency decides to issue a notice that requires an adjustment to compensation, the Consultant contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Department Purchasing Agency a credit for any savings. Said compensation shall be determined by one of the following methods: a. By mutual agreement between the parties in writing; or b. By agreeing upon a unit price or using a unit price set forth in the Contractcontract, if the work to be done can be expressed in units, and the Consultant contractor accounts for the number of units of work performed, subject to the DepartmentPurchasing Agency’s right to audit the Consultantcontractor’s records and/or to determine the correct number of units independently; or c. By ordering the Consultant contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the Contractcontract. The same markup shall be used for determining a decrease in price as the result of savings realized. The Consultant contractor shall present the Department Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Department Purchasing Agency shall have the right to audit the records of the Consultant contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Department Purchasing Agency within thirty (30) days from the date of receipt of the written order from the DepartmentPurchasing Agency. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of the Contract this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of the Contract this contract shall excuse the Consultant contractor from promptly complying with the changes ordered by the Department Purchasing Agency or with the performance of the Contract contract generally.

Appears in 3 contracts

Sources: Scope of Work, Contract Modification, Snow Removal Equipment Services Agreement

CHANGES TO THE CONTRACT. Changes can be made to the Contract contract in any of the following ways: 1. The parties may agree in writing to modify the terms, conditions, or scope of the Contractcontract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the Contract award. Any An increase or decrease in the price of the Contract contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the Contractcontract. 2. The Department Purchasing Agency may order changes within the general scope of the Contract contract at any time by written notice to the Consultantcontractor. Changes within the scope of the Contract contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The Consultant contractor shall comply with the notice upon receipt, unless the Consultant intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the Consultant shall, in writing, promptly notify the Department of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Department's written decision affirming, modifying, or revoking the prior written notice. If the Department decides to issue a notice that requires an adjustment to compensation, the Consultant The contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Department Purchasing Agency a credit for any savings. Said compensation shall be determined by one of the following methods: a. By mutual agreement between the parties in writing; or b. By agreeing upon a unit price or using a unit price set forth in the Contractcontract, if the work to be done can be expressed in units, and the Consultant contractor accounts for the number of units of work performed, subject to the DepartmentPurchasing Agency’s right to audit the Consultantcontractor’s records and/or to determine the correct number of units independently; or c. By ordering the Consultant contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the Contractcontract. The same markup shall be used for determining a decrease in price as the result of savings realized. The Consultant contractor shall present the Department Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Department Purchasing Agency shall have the right to audit the records of the Consultant contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Department Purchasing Agency within thirty (30) days from the date of receipt of the written order from the DepartmentPurchasing Agency. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of the Contract this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of the Contract this contract shall excuse the Consultant contractor from promptly complying with the changes ordered by the Department Purchasing Agency or with the performance of the Contract contract generally.

Appears in 3 contracts

Sources: Standard Contract, Rider Agreement, Rider Agreement

CHANGES TO THE CONTRACT. Changes can be made to the Contract contract in any of the following ways: 1. The parties may agree in writing to modify the terms, conditions, or scope of the Contractcontract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the Contract award. Any An increase or decrease in the price of the Contract contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the Contractcontract. 2. The Department University may order changes within the general scope of the Contract contract at any time by written notice to the Consultantcontractor. Changes within the scope of the Contract contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The Consultant contractor shall comply with the notice upon receipt, unless the Consultant intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the Consultant shall, in writing, promptly notify the Department of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Department's written decision affirming, modifying, or revoking the prior written notice. If the Department decides to issue a notice that requires an adjustment to compensation, the Consultant The contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Department University a credit for any savings. Said compensation shall be determined by one of the following methods: a. By mutual agreement between the parties in writing; or b. By agreeing upon a unit price or using a unit price set forth in the Contractcontract, if the work to be done can be expressed in units, and the Consultant contractor accounts for the number of units of work performed, subject to the DepartmentUniversity’s right to audit the Consultantcontractor’s records and/or to determine the correct number of units independently; or c. By ordering the Consultant contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the Contractcontract. The same markup shall be used for determining a decrease in price as the result of savings realized. The Consultant contractor shall present the Department University with all vouchers and records of expenses incurred and savings realized. The Department University shall have the right to audit the records of the Consultant contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Department University within thirty (30) days from the date of receipt of the written order from the DepartmentUniversity. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of the Contract this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors ManualPurchasing Manual for Institutions of Higher Education and their Vendors. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of the Contract this contract shall excuse the Consultant contractor from promptly complying with the changes ordered by the Department University or with the performance of the Contract contract generally.

Appears in 2 contracts

Sources: Contract Agreement, Shuttle Bus Services Agreement

CHANGES TO THE CONTRACT. Changes can be made to the Contract contract in any of the following ways: 1. The parties may agree in writing to modify the terms, conditions, or scope of the Contractcontract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the Contract contract award. Any increase or decrease in the price of the Contract contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the Contractcontract. 2. The Department Virginia Outdoors Foundation (VOF) may order changes within the general scope of the Contract contract at any time by written notice to the Consultantorganization. Changes within the scope of the Contract contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The Consultant organization shall comply with the notice upon receipt, unless the Consultant organization intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the Consultant organization shall, in writing, promptly notify the Department VOF of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Department's VOF’s written decision affirming, modifying, or revoking the prior written notice. If the Department VOF decides to issue a notice that requires an adjustment to compensation, the Consultant organization shall be compensated for any additional costs incurred as the result of such order and shall give the Department VOF a credit for any savings. Said compensation shall be determined by one of the following methods: a. By mutual agreement between the parties in writing; or b. By agreeing upon a unit price or using a unit price set forth in the Contractcontract, if the work to be done can be expressed in units, and the Consultant organization accounts for the number of units of work performed, subject to the DepartmentVOF’s right to audit the Consultantorganization’s records and/or to determine the correct number of units independently; or c. By ordering the Consultant organization to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the Contractcontract. The same markup shall be used for determining a decrease in price as the result of savings realized. The Consultant organization shall present the Department VOF with all vouchers and records of expenses incurred and savings realized. The Department VOF shall have the right to audit the records of the Consultant organization as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Department VOF within thirty (30) days from the date of receipt of the written order from the DepartmentVOF. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of the Contract this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of the Contract this contract shall excuse the Consultant organization from promptly complying with the changes ordered by the Department VOF or with the performance of the Contract contract generally.

Appears in 2 contracts

Sources: Non Professional Services Contract, Get Outdoors (Go) Fund Contract

CHANGES TO THE CONTRACT. Changes can be made to the Contract contract in any of the following ways: 1. The parties may agree in writing to modify the terms, conditions, or scope of the Contractcontract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the Contract contract award. Any increase or decrease in the price of the Contract contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the Contractcontract. 2. The Department Purchasing Agency may order changes within the general scope of the Contract contract at any time by written notice to the Consultantcontractor. Changes within the scope of the Contract contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The Consultant contractor shall comply with the notice upon receipt, unless the Consultant contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the Consultant contractor shall, in writing, promptly notify the Department Purchasing Agency of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Department's Purchasing Agency’s written decision affirming, modifying, or revoking the prior written notice. If the Department Purchasing Agency decides to issue a notice that requires an adjustment to compensation, the Consultant contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Department Purchasing Agency a credit for any savings. Said compensation shall be determined by one of the following methods: a. a) By mutual agreement between the parties in writing; or b. b) By agreeing upon a unit price or using a unit price set forth in the Contractcontract, if the work to be done can be expressed in units, and the Consultant contractor accounts for the number of units of work performed, subject to the DepartmentPurchasing Agency’s right to audit the Consultantcontractor’s records and/or to determine the correct number of units independently; or c. c) By ordering the Consultant contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the Contractcontract. The same markup shall be used for determining a decrease in price as the result of savings realized. The Consultant contractor shall present the Department Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Department Purchasing Agency shall have the right to audit the records of the Consultant contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Department Purchasing Agency within thirty (30) days from the date of receipt of the written order from the DepartmentPurchasing Agency. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of the Contract this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of the Contract this contract shall excuse the Consultant contractor from promptly complying with the changes ordered by the Department Purchasing Agency or with the performance of the Contract contract generally.

Appears in 2 contracts

Sources: Snow Removal Equipment Services Agreement, Snow Removal Equipment Services Agreement

CHANGES TO THE CONTRACT. Changes can be made to the Contract in any of the following ways: 1. A. The parties may agree in writing to modify the terms, conditions, or scope of the Contract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the Contract award. Any An increase or decrease in the price of the Contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the Contract. 2. B. The Department Purchasing Agency may order changes within the general scope of the Contract at any time by written notice to the ConsultantContractor. Changes within the scope of the Contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The Consultant Contractor shall comply with the notice upon receipt, unless the Consultant intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the Consultant shall, in writing, promptly notify the Department of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Department's written decision affirming, modifying, or revoking the prior written notice. If the Department decides to issue a notice that requires an adjustment to compensation, the Consultant The Contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Department Purchasing Agency a credit for any savings. Said compensation shall be determined by one (1) of the following methods: a. 1. By mutual agreement between the parties in writing; or b. 2. By agreeing upon a unit price or using a unit price set forth in the Contract, if the work to be done can be expressed in units, and the Consultant Contractor accounts for the number of units of work performed, subject to the DepartmentPurchasing Agency’s right to audit the ConsultantContractor’s records and/or to determine the correct number of units independently; or c. 3. By ordering the Consultant Contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the Contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The Consultant Contractor shall present the Department Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Department Purchasing Agency shall have the right to audit the records of the Consultant Contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Department Purchasing Agency within thirty (30) days from the date of receipt of the written order from the DepartmentPurchasing Agency. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract Contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of the this Contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of the this Contract shall excuse the Consultant Contractor from promptly complying with the changes ordered by the Department Purchasing Agency or with the performance of the Contract generally.

Appears in 2 contracts

Sources: Contract, Contract

CHANGES TO THE CONTRACT. Changes can be made to the this Contract in any of the following ways: 1. The parties may agree in writing to modify the terms, conditions, or scope of the Contract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the Contract award. Any An increase or decrease in the price of the this Contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the Contract. 2. The Department City may order changes within the general scope of the this Contract at any time by written notice to the ConsultantContractor. Changes within the scope of the this Contract include, include but are not limited to, to things such as services Work to be performed, the method of packing or shipment, and the place of delivery or installation. The Consultant Contractor shall comply with the notice upon receipt, unless the Consultant intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the Consultant shall, in writing, promptly notify the Department of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Department's written decision affirming, modifying, or revoking the prior written notice. If the Department decides to issue a notice that requires an adjustment to compensation, the Consultant The Contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Department City a credit for any savings. Said compensation shall be determined by one of the following methods: a. By mutual agreement between the parties in writing; or b. By agreeing upon a unit price or using a unit price set forth in the Contract, if the work to be done can be expressed in units, and the Consultant Contractor accounts for the number of units of work performed, subject to the DepartmentCity’s right to audit the ConsultantContractor’s records and/or to determine the correct number of units independently; or c. By ordering the Consultant Contractor to proceed with the work Work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the Contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The Consultant Contractor shall present the Department City with all vouchers and records of expenses incurred and savings realized. The Department City shall have the right to audit the records of the Consultant Contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Department City within thirty (30) days from the date of receipt of the written order from the DepartmentCity. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract Contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of the this Contract or, if there is none, in accordance with the disputes provisions of the Commonwealth City of Virginia Vendors Williamsburg Purchase Procedures Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of the this Contract shall excuse the Consultant Contractor from promptly complying with the changes ordered by the Department City or with the performance of the this Contract generally.

Appears in 2 contracts

Sources: Contract for Performance of Office Demolition & Bathroom Renovation, Contract for Performance of Replacement of Redoubt Park Elevated Ramp and Raised Observation Platform

CHANGES TO THE CONTRACT. Changes can be made to the Contract in any one of the following ways: 1. A. The parties may agree in writing to modify the terms, conditions, or scope of the Contractcontract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the Contract award. Any An increase or decrease in the price of the Contract contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the Contract.contract 2. The Department B. Virginia Tech may order changes within the general scope of the Contract contract at any time by written notice to the ConsultantContractor. Changes within the scope of the Contract contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, shipment and the place of delivery or installation. The Consultant Contractor shall comply with the notice upon receipt, unless the Consultant intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the Consultant shall, in writing, promptly notify the Department of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Department's written decision affirming, modifying, or revoking the prior written notice. If the Department decides to issue a notice that requires an adjustment to compensation, the Consultant The Contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Department Virginia Tech a credit for any savings. Said compensation shall be determined by one of the following methods: a. 1) By mutual agreement between the parties in writing; or b. 2) By agreeing upon a unit price or using a unit price set forth in the Contractcontract, if the work to be done can be expressed in units, and the Consultant Contractor accounts for the number of units of work performed, subject to the Department’s Virginia Tech's right to audit the Consultant’s Contractor's records and/or to determine the correct number of units independently; or c. 3) By ordering the Consultant Contractor to proceed with the work and to keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the Contractcontract. The same markup shall be used for determining a decrease in price as the result of savings realized. The Consultant Contractor shall present the Department Virginia Tech with all vouchers and records of expenses incurred and savings realized. The Department Virginia Tech shall have the right to audit the records of the Consultant Contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Department Virginia Tech within thirty (30) days from the date of receipt of the written order from the DepartmentVirginia Tech. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of the Contract this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors ManualPurchasing Manual for Institutions of Higher Education and Their Vendors. Neither the existence of a claim nor or a dispute resolution process, litigation or any other provision of the Contract this contract shall excuse the Consultant Contractor from promptly complying with the changes ordered by the Department Virginia Tech or with the performance of the Contract contract generally.

Appears in 2 contracts

Sources: Standard Contract, Standard Contract

CHANGES TO THE CONTRACT. Changes can be made to the Contract contract in any of the following ways: 1. The parties may agree in writing to modify the terms, conditions, or scope of the Contractcontract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the Contract award. Any An increase or decrease in the price of the Contract contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the Contractcontract. 2. The Department University may order changes within the general scope of the Contract contract at any time by written notice to the Consultantcontractor. Changes within the scope of the Contract contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The Consultant contractor shall comply with the notice upon receipt, unless the Consultant intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the Consultant shall, in writing, promptly notify the Department of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Department's written decision affirming, modifying, or revoking the prior written notice. If the Department decides to issue a notice that requires an adjustment to compensation, the Consultant The contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Department University a credit for any savings. Said compensation shall be determined by one of the following methods: a. By mutual agreement between the parties in writing; or b. By agreeing upon a unit price or using a unit price set forth in the Contractcontract, if the work to be done can be expressed in units, and the Consultant contractor accounts for the number of units of work performed, subject to the DepartmentUniversity’s right to audit the Consultant’s contractors’ records and/or to determine the correct number of units independently; or c. By ordering the Consultant contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the Contractcontract. The same markup shall be used for determining a decrease in price as the result of savings realized. The Consultant contractor shall present the Department University with all vouchers and records of expenses incurred and savings realized. The Department University shall have the right to audit the records of the Consultant contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Department University within thirty (30) days from the date of receipt of the written order from the DepartmentUniversity. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of the Contract this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors ManualPurchasing Manual for Institutions of Higher Education and their Vendors. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of the Contract this contract shall excuse the Consultant contractor from promptly complying with the changes ordered by the Department University or with the performance of the Contract contract generally.

Appears in 2 contracts

Sources: Management Services Agreement, Contract

CHANGES TO THE CONTRACT. Changes can be made to the Contract contract in any of the following ways: 1. The parties may agree in writing to modify the terms, conditions, or scope of the Contractcontract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the Contract award. Any An increase or decrease in the price of the Contract contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the Contractcontract. 2. The Department University may order changes within the general scope of the Contract contract at any time by written notice to the Consultantcontractor. Changes within the scope of the Contract contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The Consultant contractor shall comply with the notice upon receipt, unless the Consultant intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the Consultant shall, in writing, promptly notify the Department of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Department's written decision affirming, modifying, or revoking the prior written notice. If the Department decides to issue a notice that requires an adjustment to compensation, the Consultant The contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Department University a credit for any savings. Said compensation shall be determined by one of the following methods: a. By mutual agreement between the parties in writing; or b. By agreeing upon a unit price or using a unit price set forth in the Contractcontract, if the work to be done can be expressed in units, and the Consultant contractor accounts for the number of units of work performed, subject to the DepartmentUniversity’s right to audit the Consultantcontractor’s records and/or to determine the correct number of units independently; or c. By ordering the Consultant contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the Contractcontract. The same markup shall be used for determining a decrease in price as the result of savings realized. The Consultant contractor shall present the Department University with all vouchers and records of expenses incurred and savings realized. The Department University shall have the right to audit the records of the Consultant contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Department University within thirty (30) days from the date of receipt of the written order from the DepartmentUniversity. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of the Contract orthis contract, or if there is none, in accordance with the disputes dispute’s clause provisions of the Commonwealth of Virginia Purchasing Manual for Institutions of Higher Education and Their Vendors Manual(Governing Rule §53). Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of the Contract this contract shall excuse the Consultant contractor from promptly complying with the changes ordered by the Department University or with the performance of the Contract contract generally.

Appears in 2 contracts

Sources: General Terms and Conditions, General Terms and Conditions

CHANGES TO THE CONTRACT. Changes can be made to the Contract in any of the following ways: 1. A. The parties may agree in writing to modify the terms, conditions, or scope of the Contract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the Contract award. Any An increase or decrease in the price of the Contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the Contract. 2. B. The Department Purchasing Entity may order changes within the general scope of the Contract at any time by written notice to the ConsultantContractor. Changes within the scope of the Contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The Consultant Contractor shall comply with the notice upon receipt, unless the Consultant intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the Consultant shall, in writing, promptly notify the Department of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Department's written decision affirming, modifying, or revoking the prior written notice. If the Department decides to issue a notice that requires an adjustment to compensation, the Consultant The Contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Department Purchasing Entity a credit for any savings. Said compensation shall be determined by one (1) of the following methods: a. 1. By mutual agreement between the parties in writing; or b. 2. By agreeing upon a unit price or using a unit price set forth in the Contract, if the work to be done can be expressed in units, and the Consultant Contractor accounts for the number of units of work performed, subject to the DepartmentPurchasing Entity’s right to audit the ConsultantContractor’s records and/or to determine the correct number of units independently; or c. 3. By ordering the Consultant Contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the Contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The Consultant Contractor shall present the Department Purchasing Entity with all vouchers and records of expenses incurred and savings realized. The Department Purchasing Entity shall have the right to audit the records of the Consultant Contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Department Purchasing Entity within thirty (30) days from the date of receipt of the written order from the DepartmentPurchasing Entity. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract Contract price or time for performance shall be resolved in accordance with the procedures for resolving contractual disputes provided by the Contractual Disputes Clause clause of the this Contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of the this Contract shall excuse the Consultant Contractor from promptly complying with the changes ordered by the Department Purchasing Entity or with the performance of the Contract generally.

Appears in 2 contracts

Sources: Master Agreement, Master Agreement

CHANGES TO THE CONTRACT. Changes can be made to the Contract contract in any of the following ways: 1. A. The parties may agree in writing to modify the terms, conditions, or scope of the Contractcontract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the Contract award. Any An increase or decrease in the price of the Contract contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the Contractcontract. 2. B. The Department Purchasing Agency may order changes within the general scope of the Contract contract at any time by written notice to the ConsultantContractor. Changes within the scope of the Contract contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The Consultant Contractor shall comply with the notice upon receipt, unless the Consultant intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the Consultant shall, in writing, promptly notify the Department of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Department's written decision affirming, modifying, or revoking the prior written notice. If the Department decides to issue a notice that requires an adjustment to compensation, the Consultant The Contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Department Purchasing Agency a credit for any savings. Said compensation shall be determined by one (1) of the following methods: a. : 1 By mutual agreement between the parties in writing; or b. or 2 By agreeing upon a unit price or using a unit price set forth in the Contractcontract, if the work to be done can be expressed in units, and the Consultant Contractor accounts for the number of units of work performed, subject to the DepartmentPurchasing Agency’s right to audit the ConsultantContractor’s records and/or to determine the correct number of units independently; or c. or 3 By ordering the Consultant Contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the Contractcontract. The same markup shall be used for determining a decrease in price as the result of savings realized. The Consultant Contractor shall present the Department Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Department Purchasing Agency shall have the right to audit the records of the Consultant Contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Department Purchasing Agency within thirty (30) days from the date of receipt of the written order from the DepartmentPurchasing Agency. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of the Contract this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of the Contract this contract shall excuse the Consultant Contractor from promptly complying with the changes ordered by the Department Purchasing Agency or with the performance of the Contract contract generally.

Appears in 1 contract

Sources: Modification

CHANGES TO THE CONTRACT. Changes can be made to the Contract in any one of the following ways: 1. The parties may agree in writing to modify the terms, conditions, or scope of the Contract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the Contract award. Any An increase or decrease in the price of the Contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the Contract. 2. The VCU Procurement Services Department may order changes within the general scope of the Contract at any time by written notice to the ConsultantContractor. Changes within the scope of the Contract contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The Consultant Contractor shall comply with the notice upon receipt, unless the Consultant intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the Consultant shall, in writing, promptly notify the Department of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Department's written decision affirming, modifying, or revoking the prior written notice. If the Department decides to issue a notice that requires an adjustment to compensation, the Consultant The Contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Department VCU a credit for any savings. Said compensation shall be determined by one of the following methods: a. a) By mutual agreement between the parties in writing; or b. b) By agreeing upon a unit price or using a unit price set forth in the Contract, if the work to be done can be expressed in units, and the Consultant Contractor accounts for the number of units of work performed, subject to the DepartmentVCU’s right to audit the Consultant’s Contractor's records and/or to determine the correct number of units independently; or c. c) By ordering the Consultant Contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the Contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The Consultant Contractor shall present the Department VCU with all vouchers and records of expenses incurred and savings realized. The Department VCU shall have the right to audit the records of the Consultant Contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Department VCU within thirty (30) days from the date of receipt of the written order from the DepartmentVCU. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract Contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of the this Contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors ManualVirginia’s Purchasing Manual for Institutions of Higher Education and Their Vendors. Neither the existence of a claim nor or a dispute resolution process, litigation or any other provision of the this Contract shall excuse the Consultant Contractor from promptly complying with the changes ordered by the Department VCU Procurement Service Office or with the performance of the Contract generally.

Appears in 1 contract

Sources: Contract No. 7385698ec01

CHANGES TO THE CONTRACT. Changes can be made to the this Contract in any of the following ways: 1. The parties may agree in writing to modify the terms, conditions, or scope of the this Contract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the Contract award. Any An increase or decrease in the price of the Contract contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the this Contract. 2. The Department ▇▇▇▇▇ may order changes within the general scope of the Contract at any time by written notice to the ConsultantContractor. Changes within the scope of the this Contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The Consultant Contractor shall comply with the notice upon receipt, unless the Consultant intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the Consultant shall, in writing, promptly notify the Department of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Department's written decision affirming, modifying, or revoking the prior written notice. If the Department decides to issue a notice that requires an adjustment to compensation, the Consultant Contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Department ▇▇▇▇▇ a credit for any savings. Said compensation shall be determined by one of the following methods: a. By mutual agreement between the parties in writing; or b. By agreeing upon a unit price or using a unit price set forth in the Contractcontract, if the work to be done can be expressed in units, and the Consultant contractor accounts for the number of units of work performed, subject to the Department’s ▇▇▇▇▇’▇ right to audit the ConsultantContractor’s records and/or to determine the correct number of units independently; or c. By ordering the Consultant Contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the Contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The Consultant Contractor shall present the Department ▇▇▇▇▇ with all vouchers and records of expenses incurred and savings realized. The Department ▇▇▇▇▇ shall have the right to audit the records of the Consultant Contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Department ▇▇▇▇▇ within thirty (30) days from the date of receipt of the written order from the Department▇▇▇▇▇. If the parties Parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of the this Contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors ManualPurchasing Manual for Institutions of Higher Education and Their Contractors. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of the this Contract shall excuse the Consultant Contractor from promptly complying with the changes ordered by the Department ▇▇▇▇▇ or with the performance of the Contract contract generally.

Appears in 1 contract

Sources: Parking Management Services Agreement

CHANGES TO THE CONTRACT. Changes can be made to the Contract in any of the following ways: 1. A. The parties Authorized Representatives may agree in writing to modify the terms, conditions, or scope of the Contract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the Contract award. Any An increase or decrease in the price of the Contract resulting from such modification shall be agreed to by the parties as a part of their its written agreement to modify the scope of the Contract. 2. B. The Department DGS/DPS Contract Manager may order changes within the general scope of the Contract at any time by written notice to the ConsultantContractor. Changes within the scope of the Contract include, but are not limited to, things such as services to be performed, and the method of packing or shipment, and . The Authorized User will stipulate the place of delivery or installation. The Consultant Contractor shall comply with the notice upon receipt, unless the Consultant intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the Consultant shall, in writing, promptly notify the Department of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Department's written decision affirming, modifying, or revoking the prior written notice. If the Department decides to issue a notice that requires an adjustment to compensation, the Consultant The Contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Department Authorized User a credit for any savings. Said compensation shall be determined by one (1) of the following methods: a. 1. By mutual agreement between the parties in writing; or b. 2. By agreeing upon a unit price or using a unit price set forth in the Contract, if the work to be done can be expressed in units, and the Consultant Contractor accounts for the number of units of work performed, subject to the DepartmentDGS/DPS Contract Manager’s right to audit the ConsultantContractor’s records and/or to determine the correct number of units independently; or c. 3. By ordering the Consultant Contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the Contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The Consultant Contractor shall present the Department DGS/DPS Contract Manager with all vouchers and records of expenses incurred and savings realized. The Department DGS/DPS Contract Manager shall have the right to audit the records of the Consultant Contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Department DGS/DPS Contract Manager within thirty (30) days from the date of receipt of the written order from the DepartmentAuthorized User. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract Contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of the this Contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of the this Contract shall excuse the Consultant Contractor from promptly complying with the changes ordered by the Department DGS/DPS Contract Manager or with the performance of the Contract generally.

Appears in 1 contract

Sources: Contract

CHANGES TO THE CONTRACT. Changes can be made to the Contract contract in any of the following ways: 1. The parties may agree in writing to modify the terms, conditions, or scope of the Contractcontract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the Contract award. Any An increase or decrease in the price of the Contract contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the Contractcontract. 2. The Department Client may order changes within the general scope of the Contract contract at any time by written notice to the Consultantcontractor. Changes within the scope of the Contract contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The Consultant contractor shall comply with the notice upon receipt, unless the Consultant intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the Consultant shall, in writing, promptly notify the Department of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Department's written decision affirming, modifying, or revoking the prior written notice. If the Department decides to issue a notice that requires an adjustment to compensation, the Consultant The contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Department Client a credit for any savings. Said compensation shall be determined by one of the following methods: a. By mutual agreement between the parties in writing; or b. By agreeing upon a unit price or using a unit price set forth in the Contractcontract, if the work to be done can be expressed in units, and the Consultant contractor accounts for the number of units of work performed, subject to the DepartmentClient’s right to audit the Consultantcontractor’s records and/or to determine the correct number of units independently; or c. By ordering the Consultant contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the Contractcontract. The same markup shall be used for determining a decrease in price as the result of savings realized. The Consultant contractor shall present the Department Client with all vouchers and records of expenses incurred and savings realized. The Department Client shall have the right to audit the records of the Consultant contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Department Client within thirty (30) days from the date of receipt of the written order from the DepartmentClient. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of the Contract this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors ManualPurchasing Manual for Institutions of Higher Education and their Vendors. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of the Contract this contract shall excuse the Consultant contractor from promptly complying with the changes ordered by the Department Client or with the performance of the Contract contract generally.

Appears in 1 contract

Sources: Standard Contract

CHANGES TO THE CONTRACT. Changes can be made to the Contract contract in any of the following ways: 1. The parties may agree in writing to modify the terms, conditions, or scope of the Contractcontract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the Contract contract award. Any increase or decrease in the price of the Contract contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the Contractcontract. 2. The Department Purchasing Agency may order changes within the general scope of the Contract contract at any time by written notice to the Consultantcontractor. Changes within the scope of the Contract contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The Consultant contractor shall comply with the notice upon receipt, unless the Consultant contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the Consultant contractor shall, in writing, promptly notify the Department Purchasing Agency of the adjustment to be sought, and before proceeding to comply with the notice, shall await the DepartmentPurchasing Agency's written decision affirming, modifying, or revoking the prior written notice. If the Department Purchasing Agency decides to issue a notice that requires an adjustment to compensation, the Consultant contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Department Purchasing Agency a credit for any savings. Said compensation shall be determined by one of the following methods: a. By mutual agreement between the parties in writing; or b. By agreeing upon a unit price or using a unit price set forth in the Contractcontract, if the work to be done can be expressed in units, and the Consultant contractor accounts for the number of units of work performed, subject to the DepartmentPurchasing Agency’s right to audit the Consultantcontractor’s records and/or to determine the correct number of units independently; or c. By ordering the Consultant contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the Contractcontract. The same markup shall be used for determining a decrease in price as the result of savings realized. The Consultant contractor shall present the Department Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Department Purchasing Agency shall have the right to audit the records of the Consultant contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Department Purchasing Agency within thirty (30) days from the date of receipt of the written order from the DepartmentPurchasing Agency. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of the Contract this contract or, if there is none, in accordance with the disputes dispute’s provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of the Contract this contract shall excuse the Consultant contractor from promptly complying with the changes ordered by the Department Purchasing Agency or with the performance of the Contract contract generally.

Appears in 1 contract

Sources: Restaurant Agreement

CHANGES TO THE CONTRACT. Changes can be made to the Contract contract in any of the following ways: 1. The parties may agree in writing to modify the terms, conditions, or scope of the Contractcontract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the Contract contract award. Any increase or decrease in the price of the Contract contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the Contractcontract. 2. The Department Purchasing Agency may order changes within the general scope of the Contract contract at any time by written notice to the Consultantcontractor. Changes within the scope of the Contract contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The Consultant contractor shall comply with the notice upon receipt, unless the Consultant contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the Consultant contractor shall, in writing, promptly notify the Department Purchasing Agency of the adjustment to be sought, and before proceeding to comply with the notice, shall await the DepartmentPurchasing Agency's written decision affirming, modifying, or revoking the prior written notice. If the Department Purchasing Agency decides to issue a notice that requires an adjustment to compensation, the Consultant contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Department Purchasing Agency a credit for any savings. Said compensation shall be determined by one of the following methods: a. By mutual agreement between the parties in writing; or b. By agreeing upon a unit price or using a unit price set forth in the Contractcontract, if the work to be done can be expressed in units, and the Consultant contractor accounts for the number of units of work performed, subject to the DepartmentPurchasing Agency’s right to audit the Consultantcontractor’s records and/or to determine the correct number of units independently; or c. By ordering the Consultant contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the Contractcontract. The same markup shall be used for determining a decrease in price as the result of savings realized. The Consultant contractor shall present the Department Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Department Purchasing Agency shall have the right to audit the records of the Consultant contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Department Purchasing Agency within thirty (30) days from the date of receipt of the written order from the Department. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of the Contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of the Contract shall excuse the Consultant from promptly complying with the changes ordered by the Department or with the performance of the Contract generally.thirty

Appears in 1 contract

Sources: Master Agreement

CHANGES TO THE CONTRACT. Changes can be made to the Contract in any of the following ways: 1. The parties may agree in writing to modify the terms, conditions, or scope of the Contract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the Contract award. Any increase or decrease in the price of the Contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the Contract. 2. The Department 17.1 SkillSource may order changes within the general scope of the Contract contract at any time by written notice to the ConsultantContractor. Changes within the scope of the Contract contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, shipment and the place of delivery or installation. The Consultant Contractor shall comply with the notice upon receipt, unless the Consultant intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the Consultant shall, in writing, promptly notify the Department of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Department's written decision affirming, modifying, or revoking the prior written notice. If the Department decides to issue a notice that requires an adjustment to compensation, the Consultant The Contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Department SkillSource a credit for any savings. Said compensation shall be determined by one of the following methods: a. 17.2 By mutual agreement between the parties in writing; or b. 17.3 By agreeing upon a unit price or using a unit price set forth in the Contractcontract, if the work to be done can be expressed in units, and the Consultant Contractor accounts for the number of units of or work performed, subject to the DepartmentSkillSource’s right to audit the Consultant’s Contractors records and/or to determine the correct number of units independently; or c. 17.4 By ordering the Consultant Contractor to proceed with the work and to keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the Contractcontract. The same markup shall be used for determining a decrease in price as the result of savings realized. The Consultant Contractor shall present the Department SkillSource with all vouchers and records of expenses incurred and savings realized. The Department . 17.5 SkillSource shall have the right to audit the records of the Consultant Contractor, as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Department SkillSource within thirty (30) days from the date of receipt of the written order from the Department. SkillSource. 17.6 If the parties fail to agree on an amount of adjustment, the question questions of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of the Contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manualthis contract. Neither the existence of a claim nor or a dispute resolution process, litigation or any other provision of the Contract this contract shall excuse the Consultant Contractor from promptly complying with the changes ordered by the Department SkillSource or with the performance of the Contract contract generally. 17.7 The parties may agree in writing to modify the scope of the contract. An increase or decrease in the price of the contract resulting from such modification shall be agreed to by both parties as a part of their written agreement to modify the scope of the contract.

Appears in 1 contract

Sources: Master Services Agreement

CHANGES TO THE CONTRACT. Changes can be made to the Contract in any of the following ways: 1. A. The parties may agree in writing to modify the terms, conditions, or scope of the Contractcontract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the Contract award. Any An increase or decrease in the price of the Contract contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the Contractcontract. 2. The Department ▇▇▇▇▇▇▇▇▇▇ County may order changes within the general scope of the Contract contract at any time by written notice to the ConsultantContractor. Changes within the scope of the Contract contract include, but are not limited to, to things such as services to be performed, the method of packing or shipment, shipment and the place of delivery or installation. The Consultant Contractor shall comply with the notice upon receipt, unless the Consultant intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the Consultant shall, in writing, promptly notify the Department of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Department's written decision affirming, modifying, or revoking the prior written notice. If the Department decides to issue a notice that requires an adjustment to compensation, the Consultant The Contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Department ▇▇▇▇▇▇▇▇▇▇ County a credit for any savings. Said compensation shall be determined by one of the following methods: a. 1) By mutual agreement between the parties in writing; or b. 2) By agreeing upon a unit price or using a unit price set forth in the Contractcontract, if the work to be done can be expressed in units, and the Consultant Contractor accounts for the number of units of work performed, subject to the Department’s ▇▇▇▇▇▇▇▇▇▇ County's right to audit the Consultant’s Contractors records and/or to determine the correct number of units independently; or c. 3) By ordering the Consultant Contractor to proceed with the work and to keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the Contractcontract. The same markup shall be used for determining a decrease in price as the result of savings realized. The Consultant Contractor shall present the Department ▇▇▇▇▇▇▇▇▇▇ County with all vouchers and records of expenses incurred and savings realized. The Department ▇▇▇▇▇▇▇▇▇▇ County shall have the right to audit the records of the Consultant Contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Department ▇▇▇▇▇▇▇▇▇▇ County within thirty (30) days from the date of receipt of the written order from the Department▇▇▇▇▇▇▇▇▇▇ County. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of the Contract this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Agency Procurement and Surplus Property Manual. Neither the existence of a claim nor or a dispute resolution process, litigation or any other provision of the Contract this contract shall excuse the Consultant Contractor from promptly complying with the changes ordered by the Department ▇▇▇▇▇▇▇▇▇▇ County or with the performance of the Contract contract generally.

Appears in 1 contract

Sources: Consulting Services Agreement

CHANGES TO THE CONTRACT. Changes can be made to the Contract contract in any of the following ways: 1. A. The parties may agree in writing to modify the terms, conditions, or scope of the Contract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the Contract award. Any An increase or decrease in the price of the Contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the Contract. 2. B. The Department Commonwealth may order changes within the general scope of the Contract at any time by written notice to the ConsultantContractor. Changes within the scope of the Contract include, but are not limited to, things such as services Services to be performed, the method of packing or shipment, and the place of delivery or installation. The Consultant Contractor shall comply with the notice upon receipt, unless the Consultant intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the Consultant shall, in writing, promptly notify the Department of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Department's written decision affirming, modifying, or revoking the prior written notice. If the Department decides to issue a notice that requires an adjustment to compensation, the Consultant The Contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Department Commonwealth or the respective ordering entity a credit for any savings. Said compensation shall be determined by one (1) of the following methods: a. 1. By mutual agreement between the parties in writing; or b. 2. By agreeing upon a unit price or using a unit price set forth in the Contract, if the work to be done can be expressed in units, and the Consultant Contractor accounts for the number of units of work performed, subject to the DepartmentCommonwealth’s right to audit the ConsultantContractor’s records and/or to determine the correct number of units independently; or c. 3. By ordering the Consultant Contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the Contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The Consultant Contractor shall present the Department Commonwealth or Authorized User with all vouchers and records of expenses incurred and savings realized. The Department Commonwealth of Authorized User shall have the right to audit the records of the Consultant Contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Department Commonwealth of Authorized User within thirty (30) days from the date of receipt of the written order from the DepartmentCommonwealth of Authorized User. If the parties fail to agree on an amount of adjustment, then the question of an increase or decrease in the contract Contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of the Contract this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of the this Contract shall excuse the Consultant Contractor from promptly complying with the changes ordered by the Department Commonwealth of Authorized User or with the performance of the Contract generally.

Appears in 1 contract

Sources: Master Contract

CHANGES TO THE CONTRACT. Changes can be made to the Contract contract in any of the following ways: 1. : o The parties may agree in writing to modify the terms, conditions, or scope of the Contractcontract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the Contract contract award. Any increase or decrease in the price of the Contract contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the Contract. 2contract. o The Department Purchasing Agency may order changes within the general scope of the Contract contract at any time by written notice to the Consultantcontractor. Changes within the scope of the Contract contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The Consultant contractor shall comply with the notice upon receipt, unless the Consultant contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the Consultant contractor shall, in writing, promptly notify the Department Purchasing Agency of the adjustment to be sought, and before proceeding to comply with the notice, shall await the DepartmentPurchasing Agency's written decision affirming, modifying, or revoking the prior written notice. If the Department Purchasing Agency decides to issue a notice that requires an adjustment to compensation, the Consultant contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Department Purchasing Agency a credit for any savings. Said compensation shall be determined by one of the following methods: a. By ▇. ▇▇ mutual agreement between the parties in writing; or b. By ▇. ▇▇ agreeing upon a unit price or using a unit price set forth in the Contractcontract, if the work to be done can be expressed in units, and the Consultant contractor accounts for the number of units of work performed, subject to the DepartmentPurchasing Agency’s right to audit the Consultantcontractor’s records and/or to determine the correct number of units independently; or c. By ▇. ▇▇ ordering the Consultant contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the Contractcontract. The same markup shall be used for determining a decrease in price as the result of savings realized. The Consultant contractor shall present the Department Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Department Purchasing Agency shall have the right to audit the records of the Consultant contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Department Purchasing Agency within thirty (30) days from the date of receipt of the written order from the DepartmentPurchasing Agency. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of the Contract this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of the Contract this contract shall excuse the Consultant contractor from promptly complying with the changes ordered by the Department Purchasing Agency or with the performance of the Contract contract generally.

Appears in 1 contract

Sources: Financing Agreement

CHANGES TO THE CONTRACT. Changes can be made to the Contract contract in any of the following ways: 1. A. The parties may agree in writing to modify the terms, conditions, or scope of the Contractcontract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the Contract award. Any An increase or decrease in the price of the Contract contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the Contractcontract. No fixed price contract may be increased by less than ten percent (10%) or $25,000 without the advance approval of the City Manager or designee, and under no circumstances may the amount of this contract be increased, without adequate consideration, for any purpose (including, but not limited to, relief of the Contractor from the consequences of an error in its bid or offer). 2. B. The Department City may order changes within the general scope of the Contract contract at any time by written notice to the Consultantcontractor. Changes within the scope of the Contract contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The Consultant contractor shall comply with the notice upon receipt, unless the Consultant intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the Consultant shall, in writing, promptly notify the Department of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Department's written decision affirming, modifying, or revoking the prior written notice. If the Department decides to issue a notice that requires an adjustment to compensation, the Consultant The contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Department City a credit for any savings. Said compensation shall be determined by one of the following methods: a. 1. By mutual agreement between the parties in writing; or b. 2. By agreeing upon a unit price or using a unit price set forth in the Contractcontract, if the work to be done can be expressed in units, and the Consultant contractor accounts for the number of units of work performed, subject to the DepartmentCity’s right to audit the Consultantcontractor’s records and/or to determine the correct number of units independently; or c. 3. By ordering the Consultant contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the Contractcontract. The same markup shall be used for determining a decrease in price as the result of savings realized. The Consultant contractor shall present the Department City with all vouchers and records of expenses incurred and savings realized. The Department City shall have the right to audit the records of the Consultant contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Department City within thirty (30) days from the date of receipt of the written order from the DepartmentCity. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of the Contract this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of the Contract this contract shall excuse the Consultant contractor from promptly complying with the changes ordered by the Department City or with the performance of the Contract contract generally.

Appears in 1 contract

Sources: Amendment to Agreement No. 23 Pol R 653

CHANGES TO THE CONTRACT. There shall be no extra work allowed on the contract without prior written authorization in the form of a change order signed by the Purchasing Director or the County Administrator. No officer, agent or employee of the County is authorized to give verbal instructions to increase the Scope of Work and the contractor shall not use verbal instructions as the basis for additional costs. Changes can be made to the Contract contract in any of the following waysways by the issuance of a Change Order: 1. a. The parties may agree in writing to modify the terms, conditions, or scope of the Contractcontract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the Contract award. Any An increase or decrease in the price of the Contract contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the Contractcontract. 2. The Department ▇▇▇▇▇ City County may order changes within the general scope of the Contract contract at any time by written notice to the ConsultantContractor. Changes within the scope of the Contract contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The Consultant Contractor shall comply with the notice upon receipt, unless the Consultant intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the Consultant shall, in writing, promptly notify the Department of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Department's written decision affirming, modifying, or revoking the prior written notice. If the Department decides to issue a notice that requires an adjustment to compensation, the Consultant The Contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Department County a credit for any savings. Said compensation shall be determined by one of the following methods:. a. 1) By mutual agreement between the parties in writing; or b. 2) By agreeing upon a unit price or using a unit price set forth in the Contractcontract, if the work to be done can be expressed in units, and the Consultant contractor accounts for the number of units of work performed, subject to the DepartmentCounty’s right to audit the ConsultantContractor’s records and/or to determine the correct number of units independently; or c. 3) By ordering the Consultant Contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the Contractcontract. The same markup shall be used for determining a decrease in price as the result of savings realized. The Consultant Contractor shall present the Department County with all vouchers and records of expenses incurred and savings realized. The Department County shall have the right to audit the records of the Consultant Contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Department Purchasing Office within thirty (30) days from the date of receipt of the written order from the DepartmentPurchasing Office. If the parties fail to agree on an amount of adjustment, the question questions of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving relieving disputes provided by the Disputes Clause of the Contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manualcontract. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of the Contract this contract shall excuse the Consultant Contractor from promptly complying with the changes ordered by the Department County or with the performance of the Contract contract generally. c. No modification for a fixed price contract may be increased by more than 25% or $50,000, whichever is greater, without the advanced written approval of the Board of Supervisors.

Appears in 1 contract

Sources: Services Agreement

CHANGES TO THE CONTRACT. Changes can During the term of any resulting contract, including any and all applicable extensions and/or renewals, changes may be made to the Contract contract in any of the following ways: 1. The parties may agree in writing to modify the terms, conditions, or scope of the Contractcontract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the Contract award. Any An increase or decrease in the price of the Contract contract resulting from such modification shall be agreed to by the parties as a part of their written agreement contract to modify the scope of the Contractcontract. 2. The Department University may order changes request and issue change orders within the general scope of the Contract contract at any time by written notice to the ConsultantContractor. Changes within the scope of the Contract contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The Consultant Contractor shall comply with the notice upon receipt, unless the Consultant intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the Consultant shall, in writing, promptly notify the Department of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Department's written decision affirming, modifying, or revoking the prior written notice. If the Department decides to issue a notice that requires an adjustment to compensation, the Consultant The Contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Department University a credit for any savings. Said compensation shall be determined by one of the following methods: a. By mutual agreement between the parties in writing; or b. By agreeing upon a unit price or using a unit price set forth in the Contractcontract, if the work to be done can be expressed in units, and the Consultant Contractor accounts for the number of units of work performed, subject to the DepartmentUniversity’s right to audit the ConsultantContractor’s records and/or to determine the correct number of units independently; or c. By ordering the Consultant Contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the Contractcontract. The same markup shall be used for determining a decrease in price as the result of savings realized. The Consultant Contractor shall present the Department University with all vouchers and records of expenses incurred and savings realized. The Department University shall have the right to audit the records of the Consultant Contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Department University within thirty (30) days from the date of receipt of the written order from the DepartmentUniversity. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of the Contract this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors ManualPurchasing Manual for Universities of Higher Education and their Contractors. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of the Contract this contract shall excuse the Consultant Contractor from promptly complying with the changes ordered by the Department University or with the performance of the Contract contract generally.

Appears in 1 contract

Sources: Asbestos & Lead Abatement Services Term Contract

CHANGES TO THE CONTRACT. Changes can be made to the Contract contract in any of the following ways: 1. The parties may agree in writing to modify the terms, conditions, or scope of the Contractcontract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the Contract award. Any An increase or decrease in the price of the Contract contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the Contractcontract. 2. The Department Purchasing Agency may order changes within the general scope of the Contract contract at any time by written notice to the ConsultantContractor. Changes within the scope of the Contract contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The Consultant Contractor shall comply with the notice upon receipt, unless the Consultant intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the Consultant shall, in writing, promptly notify the Department of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Department's written decision affirming, modifying, or revoking the prior written notice. If the Department decides to issue a notice that requires an adjustment to compensation, the Consultant The Contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Department Purchasing Agency a credit for any savings. Said compensation shall be determined by one of the following methods: a. By mutual agreement between the parties in writing; or b. By agreeing upon a unit price or using a unit price set forth in the Contractcontract, if the work to be done can be expressed in units, and the Consultant Contractor accounts for the number of units of work performed, subject to the Department’s Purchasing Agency's right to audit the Consultant’s Contractor's records and/or to determine the correct number of units independently; or c. By ordering the Consultant Contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the Contractcontract. The same markup shall be used for determining a decrease in price as the result of savings realized. The Consultant Contractor shall present the Department Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Department Purchasing Agency shall have the right to audit the records of the Consultant Contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Department Purchasing Agency within thirty (30) days from the date of receipt of the written order from the DepartmentPurchasing Agency. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of the Contract this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of the Contract this contract shall excuse the Consultant Contractor from promptly complying with the changes ordered by the Department Purchasing Agency or with the performance of the Contract contract generally.

Appears in 1 contract

Sources: Contract

CHANGES TO THE CONTRACT. Changes can be made to the Contract contract in any of the following ways: 1. The parties may agree in writing to modify the terms, conditions, or scope of the Contractcontract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the Contract award. Any An increase or decrease in the price of the Contract contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the Contractcontract. No fixed price contract may be increased by more than ten percent (10%) of the amount of the contract without the advance approval of the City Manager or designee, and under no circumstances may the amount of this contract be increased, without adequate consideration, for any purpose (including, but not limited to, relief of the Contractor from the consequences of an error in its bid or offer). 2. The Department City may order changes within the general scope of the Contract contract at any time by written notice to the Consultantcontractor. Changes within the scope of the Contract contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The Consultant contractor shall comply with the notice upon receipt, unless the Consultant intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the Consultant shall, in writing, promptly notify the Department of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Department's written decision affirming, modifying, or revoking the prior written notice. If the Department decides to issue a notice that requires an adjustment to compensation, the Consultant The contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Department City a credit for any savings. Said compensation shall be determined by one of the following methods: a. By mutual agreement between the parties in writing; or b. By agreeing upon a unit price or using a unit price set forth in the Contractcontract, if the work to be done can be expressed in units, and the Consultant contractor accounts for the number of units of work performed, subject to the DepartmentCity’s right to audit the Consultantcontractor’s records and/or to determine the correct number of units independently; or c. By ordering the Consultant contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the Contractcontract. The same markup shall be used for determining a decrease in price as the result of savings realized. The Consultant contractor shall present the Department City with all vouchers and records of expenses incurred and savings realized. The Department City shall have the right to audit the records of the Consultant contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Department City within thirty (30) days from the date of receipt of the written order from the DepartmentCity. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of the Contract this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of the Contract this contract shall excuse the Consultant contractor from promptly complying with the changes ordered by the Department City or with the performance of the Contract contract generally.

Appears in 1 contract

Sources: Maintenance and Support Agreement