True Up of Contract Price. (i) As the *** or in situations in which the actual costs for such Work either: (a) shows a variance (increase or decrease) as compared to *** for such Work as reflected in Exhibit I, or (b) such Work is completed and the actual, final price differs from the *** for such Work as reflected in Exhibit I, as applicable, Owner shall issue a Change Order to adjust the Contract Price. As a result of such Change Order, Contractor shall issue either a debit or credit, as applicable, to its subsequent monthly Invoice(s) to reflect any change in Contract Price pursuant to such Change Order, unless the Parties mutually agree to allocate the impact of such Change Order through a revision and reforecast to future Milestone Payments in the Milestone Payment Schedule in Exhibit F-1. (ii) If a *** plan set forth in Exhibit F-2 shows a variance (either above or below) in *** as compared to the *** plan set forth in Exhibit F-2 for such date, Contractor shall issue either a debit or credit, as applicable, to its next monthly Invoice to reflect the variance between the *** plan. Such adjustment shall not be a Change or entitle Contractor to a Change Order, except the *** plan may be adjusted to the extent such variance affects the *** plan set forth in Exhibit F-2.
Appears in 2 contracts
Sources: Engineering, Procurement and Construction Agreement (Duke Energy CORP), Engineering, Procurement and Construction Agreement (Duke Energy Carolinas, LLC)