Substantial Change Clause Samples

Substantial Change. 6.6.1 If there is a substantial change in the services described in the RFS to be provided by the Designer under this Contract, the Designer and the Owner will mutually agree to a written amendment describing the services and an amended Fee for Basic Services to reflect the change and reasonable cost of such change. Such changes shall be designated on Attachment F and shall be executed by the Designer and the Owner. 6.6.2 Should the Designer and the Owner be unable to negotiate a mutually acceptable amendment to the Fee for Basic Services when there has been a substantial change in the specified services, the Owner shall unilaterally and promptly determine, in good faith and supported by a written explanation in sufficient detail, a reasonable maximum dollar amount for the services as amended and process payments to the Designer subject to said maximum amount, until an amendment to the Fee for Basic Services for such change is set by later agreement between the parties, provided, that the Designer’s acceptance of such payments shall not be considered a waiver by the Designer of its right to pursue a claim for additional compensation related to the change in services, and provided that such disagreement shall be immediately submitted to mediation in accordance with paragraph 18.5(b). In no event shall the Designer stop work under this Contract due to a disagreement with the Owner regarding an amendment in the Designer’s Fee for Basic Services, provided that the Owner complies with its payment obligations under this Article 6.6. 6.6.3 Notwithstanding the foregoing, the amendment to this Agreement described in paragraph 7.4.8 shall be negotiated and executed by both parties prior to the start of the subsequent Phase.

Substantial Change make, or permit to be made, any substantial change in the structure, type or speed of any of the Relevant Vessels, without receiving prior written consent thereof by the Facility Agent;

Substantial Change. 6.6.1 If there is a substantial change in the services to be provided by the Designer under this Contract, the Designer and the Owner will mutually agree to a written amendment describing the services and an amended Fee for Basic Services to reflect the change and reasonable cost of such change. Such changes shall be designated on Attachment F and shall be executed by the Designer and the Owner. 6.6.2 Should the Designer and the Owner be unable to negotiate a mutually acceptable amendment to the Fee for Basic Services when there has been a substantial change in the specified services, the Owner shall unilaterally and promptly determine, in good faith and supported by a written explanation in sufficient detail, a reasonable maximum dollar amount for the services as amended and process payments to the Designer subject to said maximum amount, until an amendment to the Fee for Basic Services for such change is set by later agreement between the parties, provided that the Designer’s acceptance of such payments shall not be considered a waiver by the Designer of its right to pursue a claim for additional compensation related to the change in services, and provided that such disagreement shall be immediately submitted to mediation in accordance with Article 18.5(b). In no event shall the Designer stop work under this Contract due to a disagreement with the Owner regarding an amendment in the Designer’s Fee for Basic Services, provided that the Owner complies with its payment obligations under this Article 6.6. 6.6.3 Notwithstanding the foregoing, the amendment to this Agreement described in Article

Substantial Change. For the purposes of the first paragraph, a substantial change in relation to the composition of a corporation’s property means a decrease of at least 25 points between the percentage representing the proportion that the value of the property referred to in paragraph e of section 965.90 is of the total value of its property, as shown in its financial statements submitted to the shareholders for its last taxation year ended before the date of the receipt for the final prospectus or of the exemption from filing a prospectus, or, if such financial statements have not been prepared, or have not been prepared in accordance with generally accepted accounting principles, that would be shown if such financial statements had been prepared in accordance with generally accepted accounting principles, and the percentage representing the proportion that the value of the property referred to in that paragraph e is of the total value of its property, as shown in its last interim financial statements, or, if such financial statements have not been prepared, in any other document the Minister considers appropriate in the circumstances. History: 2006, c. 13, s. 80.

Substantial Change. 5.7.1 If there is a substantial change in the services specified in the RFS to be provided by the Designer under this Contract, the Designer, the Authority and the Department will mutually agree to a written amendment describing the services and an amended Fee for Basic Services to reflect the change and reasonable cost of such change. Such changes shall be designated on Attachment E and shall be executed by the Designer and the Authority, with the prior approval of the Department. Sub-paragraph 5.7.2 may apply to such changes.

Substantial Change. The parties may renegotiate this Agreement if either party would be materially adversely affected by continued performance as a result of a Substantial Change which presents a fundamental departure from the risk, services, administration, costs or expenses or other assumptions or intent of the parties in entering into either this Agreement, including without limitation: (a) a significant reduction in the number, or change in the composition of, Member enrollment; March Vision –UHCKY Agreement IIPAS Contract ID: 10169-A (b) a material change in utilization or trends; (c) a material modification of an existing Benefit Plan; (d) development of a new Benefit Plan; (e) expansion of a Service Area to a geographic area of the country not originally contemplated under this Agreement; or (f) a significant change in any law, rule, regulation or interpretation thereof that would have a material and adverse effect on the ability of a party to receive the benefits it reasonably expects to obtain under this Agreement or renders it illegal for a party to continue to perform under this Agreement in a manner consistent with the parties’ intent.

Substantial Change. No significant changes were made.

Substantial Change. Includes but is not limited to; a) loss of a previously existing run from an AM or PM complex; b) addition of a new run to a previously existing complex. Bus Drivers – Trips and Bid Award Process All trips will be bid on and awarded by the number of trips taken and seniority. Posted trips not bid on and emergency trips that could not be posted in time to be bid upon will be handled according to a procedure developed and agreed upon by a majority of drivers and the transportation supervisor. All trips with an initial report time of 5 p.m. or later will be paid a minimum of two (2) hours, regardless of the end time of the afternoon complex. If a driver is driving a trip (such as To Be Announced, TBA) that they did not bid on and win successfully, that trip will not be charged against them on either the regular bid board or the emergency bid board. Bidding on Trips that Exceed Regular Route Hours 1. All drivers who have successfully completed their probationary period are eligible to bid on all day trips.

Substantial Change. A substantial change in the Final Plans shall include, without limitation, the following changes, excluding those items generally considered to be tenant improvements: 1. Material changes in the layout, elevation design, functional utility or square footage. 2. Material changes in use of exterior finishing materials substantially affecting architectural appearance or functional use and operation. 3. Any change that reduces the effectiveness of any mitigation measure required for CEQA approval of the Project. 4. Material changes in site development items for the Property that are specified in the Final Plans. 5. Material changes in quality of project or landscaping materials. 6. Any change in public amenities specified in the Final Plans. 7. Any changes requiring approval of, or any change required by, any city, county or state board, body, commission or officer. 8. Any change that would preclude or materially reduce the ability to use the Project as intended by this DDA.