Scope Change Initiated by the Concessionaire Sample Clauses

Scope Change Initiated by the Concessionaire. If a Scope Change is initiated by the Concessionaire, the Concessionaire shall give the DB Contractor a written “Proposal Request” (herein so called) setting forth in detail the nature of the requested change. Upon receipt of a Proposal Request, the DB Contractor shall promptly return to the Concessionaire two (2) completed copies of its written “Change Order Proposal” (herein so called) setting forth in detail, with a separate pay item (addition or deletion) for purchase and installation of equipment and materials and an otherwise suitable breakdown of costs by trades and work classifications, a stipulated sum proposed as an adjustment to the Contract Sum for the performance of the Scope Change set forth in the Proposal Request, together with any proposed adjustment to the Scheduled Substantial Completion Dates, the Long Stop Date, the Scope Document and the Payment and Values Schedule or other changes in the Contract Documents necessary because of such proposed Scope Change. The adjustment, if any, to the Scheduled Substantial Completion Dates, the Project Schedule and the Payment and Values Schedule specified in any Change Order Proposal shall be limited to the delays to the Critical Path directly attributable to and necessarily incurred as a result of the proposed Scope Change. Each Change Order Proposal shall be accompanied by appropriate data reasonably acceptable to the Concessionaire supporting the proposed adjustments therein, including but not limited to bids, cost estimates, quotations from suppliers and wage schedules. If the Concessionaire approves the DB Contractor’s Change Order Proposal, the Concessionaire will issue and the DB Contractor will execute and accept a written Scope Change Order in the form attached to this Agreement as Exhibit II, and the Contract Sum, the Payment and Values Schedule, the Project Schedule, the Scheduled Substantial Completion Dates and the Long Stop Date shall be adjusted as set forth in such Scope Change Order. If the Concessionaire does not approve the DB Contractor’s Change Order Proposal, the Concessionaire may, at its option, execute and deliver to the DB Contractor a Work Order in accordance with Section 14.05(e) in lieu of the Scope Change Order.
View Source

Related to Scope Change Initiated by the Concessionaire

  • Release by the Contractor The acceptance by the Contractor of final payment shall release NYSERDA from all claims and liability that the Contractor, its representatives and assigns might otherwise have relating to this Agreement.

  • Sole purpose of the Concessionaire The Concessionaire having been set up for the sole purpose of exercising the rights and observing and performing its obligations and liabilities under this Agreement, the Concessionaire or any of its subsidiaries shall not, except with the previous written consent of the Authority, be or become directly or indirectly engaged, concerned or interested in any business other than as envisaged herein.

  • TERMINATION BY THE CONTRACTOR If the Work is stopped for a period of thirty days under an order of any court or other public authority having jurisdiction, or as a result of an act of government, such as a declaration of a national emergency making materials unavailable, through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing any of the Work under a contract with the Contractor, or if the Work should be stopped for a period of thirty days by the Contractor because the Architect has not issued a Certificate for Payment as provided in Paragraph 9.7 of these General Conditions or because the State has not made payment thereon as provided in Paragraph 9.7, then the Contractor may, upon seven additional days written notice to the State and the Architect, terminate the Contract and recover from the State payment for all Work executed and for any proven loss sustained upon any materials, equipment, tools, construction equipment and machinery, including reasonable profit and damages.

  • Modification by the Parties The Parties may by mutual agreement amend the Appendices to this Agreement, by a written instrument duly executed by all three of the Parties. Such an amendment shall become effective and a part of this Agreement upon satisfaction of all Applicable Laws and Regulations.

  • Distribution of Offering Material By the Company The Company has not distributed and will not distribute, prior to the later of the Closing Date and the completion of the distribution of the Units, any offering material in connection with the offering and sale of the Units other than the Sale Preliminary Prospectus and the Prospectus, in each case as supplemented and amended.