Common use of Unanticipated Changes Clause in Contracts

Unanticipated Changes. Client agrees that some changes in costs associated with clinical research resulting from, for example, changes to Project Specifications resulting from modifications to the study protocol, delays in receipt of study drugs from Client, changes in amounts charged by third party suppliers or poor subject enrollment due to changes in clinical practices, cannot be reasonably anticipated in advance. Upon identification by either Party of changes to the project assumptions or other unanticipated changes to the Project Specifications, the Parties will negotiate in good faith an Amendment to accommodate increases or decreases to the Project Budget, Project Schedule or Payment Schedule that are reasonably associated with any such adjustments. Amendments will be documented in accordance with the terms of this Section 2.2. Such unanticipated changes may include, but are not limited to, any of the following: i. delays in receiving from Client technical information or Client's acceptance of documents submitted by Aptiv Solutions in the performance of its duties under this Agreement or any Project Agreement, or any other delay on the part of Client; ii. delay in receipt of regulatory approval from a regulatory agency, IRB or Ethics Committee; iii. delay in performance by a Subcontractor not selected by Aptiv Solutions;

Appears in 2 contracts

Sources: Master Services Agreement (Cel Sci Corp), Master Services Agreement (ImmunoCellular Therapeutics, Ltd.)

Unanticipated Changes. Client agrees that some changes in costs associated with clinical research resulting from, for example, changes to Project Specifications resulting from modifications to the study protocol, delays in receipt of study drugs from Client, changes in amounts charged by third party suppliers or poor subject enrollment due to changes in clinical practices, cannot be reasonably anticipated in advance. Upon identification by either Party of changes to the project assumptions or other unanticipated changes to the Project Specifications, the Parties will negotiate in good faith an Amendment to accommodate increases or decreases to the Project Budget, Project Schedule or Payment Schedule that are reasonably associated with any such adjustments. Amendments will be documented in accordance with the terms of this Section 2.2. Such unanticipated changes may include, but are not limited to, any of the following: i. delays in receiving from Client technical information or Client's ’s acceptance of documents submitted by Aptiv Solutions in the performance of its duties under this Agreement or any Project Agreement, or any other delay on the part of Client; ii. delay in receipt of regulatory approval from a regulatory agency, IRB or Ethics Committee; iii. delay in performance by a Subcontractor not selected by Aptiv Solutions;

Appears in 1 contract

Sources: Master Services Agreement (DanDrit Biotech USA, Inc.)