Common use of Cooperation Between the Parties Clause in Contracts

Cooperation Between the Parties. ‌ The Parties are expected to be called upon to make decisions regarding matters not reasonably anticipated in order to meet their respective obligations under this Agreement. In making such decisions, the Parties shall cooperate with the intent to improve the performance of the Work and reduce the likely operating and maintenance impacts. The vehicle for reaching agreement and causing a change to occur in the Work and/or the schedule for performance and/or the Guaranteed Substantial Completion Date and/or additional substantiated costs as a result of errors and omissions in information supplied by Buyer shall be by Change Order in accordance with article 13 (“Change Orders”). Additionally, if errors or omissions in information provided by Seller affect Buyer’s or its other contractors’ work during construction of the Plant, Buyer shall be entitled to make a Claim against Seller for Buyer’s costs as the result of errors or omissions. [Notwithstanding the foregoing, the Parties at all times shall abide by and be subject to the terms of the Construction Coordination Agreement]. [Final sentence applicable only to PacifiCorp Sites]

Appears in 5 contracts

Samples: Asset Purchase and Sale Agreement, Asset Purchase and Sale Agreement, Asset Purchase and Sale Agreement

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Cooperation Between the Parties. The Parties are expected to be called upon to make decisions regarding matters not reasonably anticipated in order to meet their respective obligations under this Agreement. In making such decisions, the Parties shall cooperate with the intent to improve the performance of the Work and reduce the likely operating and maintenance impacts. The vehicle for reaching agreement and causing a change to occur in the Work and/or the schedule for performance and/or the Guaranteed Substantial Completion Date and/or additional substantiated costs as a result of errors and omissions in information supplied by Buyer shall be by Change Order in accordance with article 13 (“Change Orders”). Additionally, if errors or omissions in information provided by Seller affect Buyer’s or its other contractors’ work during construction of the Plant, Buyer shall be entitled to make a Claim against Seller for Buyer’s costs as the result of errors or omissions. [Notwithstanding the foregoing, the Parties at all times shall abide by and be subject to the terms of the Construction Coordination Agreement]. [Final sentence applicable only to PacifiCorp Sites]

Appears in 1 contract

Samples: Asset Purchase and Sale Agreement

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