Fixed Contract Price. Except as set forth in Section 6.2, Section 9.2 or Section 3.4 of this Agreement or unless otherwise expressly provided by the terms of this Agreement, there shall be no increase in the Contract Price or extension in the Guaranteed Project Substantial Completion Date except as agreed in writing by the Parties or otherwise expressly provided by this Agreement. In confirmation and furtherance thereof, Seller acknowledges and agrees that there shall be no adjustment in the Contract Price as a result of differing conditions at the Project Real Property than anticipated by Seller, the EPC Contractor, or any other counterparty to a Material Project Contract, or for any other reason related to risks related to the development, design, procurement and construction of the Project unless such events are an Excusable Event or a result of an Excusable Event. 5
Appears in 2 contracts
Sources: Membership Interest Purchase, Project Development and Construction Management Agreement, Membership Interest Purchase, Project Development and Construction Management Agreement