Common use of Mandatory Change Order Clause in Contracts

Mandatory Change Order. Contractor shall be entitled to an adjustment in the Contract Price as set forth in this Agreement and an adjustment in the Construction Schedule (including to any Guaranteed Block Substantial Completion Date, Guaranteed Facility Substantial Completion Date or Guaranteed Final Completion Date) as set forth below upon the occurrence of any of the following events: (a) an Excusable Event (*** to the extent permitted by ***); (b) suspension of the Work pursuant to Section 19.3; (c) resumption of the Work after a suspension, in accordance with Section 19.4; (d) subject to Section 11.4(c) hereof, Change in Law; (e) Change in Project Agreement; (f) an Emergency (*** caused by an ***); (g) a Force Majeure Event (*** to the extent permitted by ***); or (h) Owner has failed to comply with its obligations under Section 3.33(e). Contractor shall only be entitled to a Change Order if and to the extent it can demonstrate that the *** of a *** had an *** and *** (i) on the Contract Price or (ii) when taken together with all *** caused by the events described in *** through *** which Contractor has timely provided notice to Owner in accordance with this Agreement, on Contractor's ability to perform any *** necessary for the achievement of any guaranteed date and in such event the *** shall be correspondingly extended by the period of time (if any) that Contractor is *** and *** in the performance of such *** as a result of the impact of such event. Contractor shall not be entitled to any change in the Contract Price due to a Force Majeure Event. IT IS A CONDITION TO CONTRACTOR'S RIGHT TO RECEIVE AN EXTENSION OF TIME, AN INCREASE TO THE CONTRACT PRICE AND OTHER ADJUSTMENTS TO THE CONTRACT AND A CHANGE ORDER AS PROVIDED IN SECTION 10.3 THAT CONTRACTOR PROVIDE NOTICE TO OWNER WITHIN TEN (10) BUSINESS DAYS OF THE DATE CONTRACTOR BECAME AWARE OF THE FACTS OR CIRCUMSTANCES THAT PERMIT CONTRACTOR TO SEEK A CHANGE ORDER UNDER SECTION 10.3; IN THE EVENT CONTRACTOR DOES NOT PROVIDE NOTICE WITHIN TEN (10) BUSINESS DAYS OF THE DATE CONTRACTOR BECAME AWARE OF THE FACTS OR CIRCUMSTANCES THAT PERMIT CONTRACTOR TO SEEK A CHANGE ORDER UNDER SECTION 10.3, CONTRACTOR SHALL NOT BE ENTITLED TO A CHANGE ORDER UNDER THIS ARTICLE 10 OR ANY OTHER RELIEF HEREUNDER.

Mandatory Change Order. Contractor shall be entitled to an adjustment in the Contract Price as set forth in this Agreement and an adjustment in the Construction Schedule (including to any Guaranteed Block Substantial Completion Date, Guaranteed Facility Substantial Completion Date or Guaranteed Final Completion Date) as set forth below upon the occurrence of any of the following events: (a) an Excusable Event (*** to the extent permitted by ***); (b) suspension of the Work pursuant to Section 19.3; (c) resumption of the Work after a suspension, in accordance with Section 19.4; (d) subject to Section 11.4(c) hereof, Change in Law; (e) Change in Project Agreement; (f) an Emergency (*** caused by an ***); (g) a Force Majeure Event (*** to the extent permitted by ***); or (h) Owner has failed to comply with its obligations under Section 3.33(e3.33(d). Contractor shall only be entitled to a Change Order if and to the extent it can demonstrate that the *** of a *** had an *** and *** (i) on the Contract Price or (ii) when taken together with all *** caused by the events described in *** through *** which Contractor has timely provided notice to Owner in accordance with this Agreement, on Contractor's ability to perform any *** necessary for the achievement of any guaranteed date and in such event the *** shall be correspondingly extended by the period of time (if any) that Contractor is *** and *** in the performance of such *** as a result of the impact of such event. *** CONFIDENTIAL MATERIAL REDACTED AND SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION. Contractor shall not be entitled to any change in the Contract Price due to a Force Majeure Event. IT IS A CONDITION TO CONTRACTOR'S RIGHT TO RECEIVE AN EXTENSION OF TIME, AN INCREASE TO THE CONTRACT PRICE AND OTHER ADJUSTMENTS TO THE CONTRACT AND A CHANGE ORDER AS PROVIDED IN SECTION 10.3 THAT CONTRACTOR PROVIDE NOTICE TO OWNER WITHIN TEN (10) BUSINESS DAYS OF THE DATE CONTRACTOR BECAME AWARE OF THE FACTS OR CIRCUMSTANCES THAT PERMIT CONTRACTOR TO SEEK A CHANGE ORDER UNDER SECTION 10.3; IN THE EVENT CONTRACTOR DOES NOT PROVIDE NOTICE WITHIN TEN (10) BUSINESS DAYS OF THE DATE CONTRACTOR BECAME AWARE OF THE FACTS OR CIRCUMSTANCES THAT PERMIT CONTRACTOR TO SEEK A CHANGE ORDER UNDER SECTION 10.3, CONTRACTOR SHALL NOT BE ENTITLED TO A CHANGE ORDER UNDER THIS ARTICLE 10 OR ANY OTHER RELIEF HEREUNDER.