Common use of Eligible Changes Clause in Contracts

Eligible Changes. 10.3.1.1. Maintenance Contractor may request a Change Order to increase the Maintenance Price only for increased costs of performance of the Maintenance Services as follows: (a) Additional costs directly attributable to additional Maintenance Services resulting from TxDOT-Directed Changes for which TxDOT has not submitted a Change Order or a Request for Change Proposal; (b) Additional costs relating to Hazardous Materials, Force Majeure Events and Non- Discriminatory ▇&▇ Changes, to the extent provided in Section 10.8; and (c) Additional costs directly attributable to uncovering, removing and restoring the work, to the extent provided in Section 5.7.3. 10.3.1.2. Maintenance Contractor’s entitlement to a Change Order for eligible changes is subject to the restrictions and limitations contained in this Section 10 and elsewhere in the COMA Documents, and furthermore is subject to Maintenance Contractor’s compliance with all notification and other requirements identified herein. Maintenance Contractor shall initiate the Change Order process by delivery of a PCO Notice as described in Section 10.3.2, followed by submittal of a Request for Change Order and supporting documentation to TxDOT.