Common use of CONTRACT AMENDMENT PROCESS Clause in Contracts

CONTRACT AMENDMENT PROCESS. The Company shall have the right --------------------------- from time to time to amend any Contract to which it is a party to change the scope of the work and the Company's payment obligations thereunder. Any such amendment that (i) results in a cost increase in excess of Twenty-Five Thousand Dollars ($25,000) in a Contract to which the Company is party, the value of which is at least One Hundred Thousand Dollars ($100,000), (ii) results in a material lessening of the scope or quality of the work constituting the design or construction of the Isle-Black Hawk, the value of which is in excess of Twenty-Five Thousand Dollars ($25,000) in a Contract to which the Company is a party and the value of which is at least One Hundred Thousand Dollars ($100,000), or (iii) results in the likely addition of no less than one week of construction, shall be in writing and shall identify with particularity all changes being made. The Company shall deliver to the Disbursement Agent (a) an executed copy of the Contract amendment (the effectiveness of which will be subject only to satisfaction of the conditions in this Section); and (b) an Officers' Certificate in the form attached hereto as EXHIBIT G, together with --------- the Independent Construction Consultant's certification as provided in EXHIBIT 1 --------- to the Contract Amendment Certificate, and in the event that such Contract relates to Hard Costs, the General Contractor's certification as provided in EXHIBIT 2 to the Contract Amendment Certificate, in each case, completed as to --------- the information required

Appears in 1 contract

Sources: Cash Collateral and Disbursement Agreement (Isle of Capri Black Hawk Capital Corp)

CONTRACT AMENDMENT PROCESS. The Company shall have the right --------------------------- from time to time to amend any Contract to which it is a party to change the scope of the work and the Company's payment obligations thereunder. Any such amendment that (i) results in a cost increase in excess of Twenty-Five Thousand Dollars ($25,000) in a Material Construction Document (or, with respect to the Construction Contract to which the Company is partyonly, the value in excess of which is at least One Hundred Seventy-Five Thousand Dollars ($100,00075,000)), (ii) results in a material lessening of the scope or quality of the work constituting the design or construction of the Isle-Riviera Black Hawk, the value of which is in excess of Twenty-Five Thousand Dollars ($25,000) in a Material Construction Document (or, with respect to the Construction Contract to which the Company is a party and the value only, in excess of which is at least One Hundred Seventy-Five Thousand Dollars ($100,00075,000)), or (iii) results in the likely addition of no less than one week of construction (or such amendments, in the aggregate, result in the likely addition of no less than four weeks of construction), shall be in writing and shall identify with particularity all changes being made. The Company shall deliver to the Disbursement Agent (a) an executed copy of the Contract amendment (the effectiveness of which will be subject only to satisfaction of the conditions in this SectionSection 8.2); and (b) an Officers' Certificate in the form attached hereto as EXHIBIT GExhibit G-1, together with --------- the Independent Construction Consultant's certification as provided in EXHIBIT Exhibit 1 --------- to the Contract Amendment Certificate, and in the event that such Contract relates to Hard Costs, the General Contractor's certification as provided in EXHIBIT Exhibit 2 to the Contract Amendment Certificate and the Architect's certification as provided in Exhibit 3 to the Contract Amendment Certificate, in each case, case completed as to --------- the information requiredrequired therein. The Contract Amendment shall be deemed approved upon receipt by the Company of the Disbursement Agent's acknowledgment of receipt of items required under this Section 8.2.

Appears in 1 contract

Sources: Cash Collateral and Disbursement Agreement (Riviera Black Hawk Inc)