Common use of Directive Letters Clause in Contracts

Directive Letters. 16.3.1 IFA may at any time issue a Directive Letter to Developer regarding any matter for which a Change Order can be issued or in the event of any Dispute regarding the scope of the Work or whether Developer has performed in accordance with the requirements of the PPA Documents. The Directive Letter will state that it is issued under this Section 16.3, will describe the Work in question and will state the basis for determining compensation, if any and schedule adjustment, if any. Subject to Section 16.1.5, Developer shall proceed immediately as directed in the letter, pending the execution of a formal Change Order (or, if the letter states that the Work is within Developer’s original scope of Work or is necessary to comply with the requirements of the PPA Documents, Developer shall proceed with the Work as directed but shall have the right to assert a Claim that an IFA Change has occurred). 16.3.2 The fact that a Directive Letter was issued by IFA shall not be considered evidence that in fact an IFA Change occurred. The determination whether an IFA Change in fact occurred shall be based on an analysis of the original requirements of the PPA Documents

Directive Letters. ‌‌ 16.3.1 IFA may at any time issue a Directive Letter to Developer regarding any matter for which a Change Order can be issued or in the event of any Dispute regarding the scope of the Work or whether Developer has performed in accordance with the requirements of the PPA Documents. The Directive Letter will state that it is issued under this Section 16.3, will describe the Work in question and will state the basis for determining compensation, if any and schedule adjustment, if any. Subject to Section 16.1.5, Developer shall proceed immediately as directed in the letter, pending the execution of a formal Change Order (or, if the letter states that the Work is within Developer’s original scope of Work or is necessary to comply with the requirements of the PPA Documents, Developer shall proceed with the Work as directed but shall have the right to assert a Claim that an IFA Change has occurred). 16.3.2 The fact that a Directive Letter was issued by IFA shall not be considered evidence that in fact an IFA Change occurred. The determination whether an IFA Change in fact occurred shall be based on an analysis of the original requirements of the PPA DocumentsDocuments and a determination as to whether the Directive Letter in fact constituted a change in those requirements.