Common use of Additional Changes Resulting From Suspensions Clause in Contracts

Additional Changes Resulting From Suspensions. Provided that suspension does not arise as a result of default by Contractor under this EPC Contract or by Supplier under the Supply Contract, the EPC Contract Price shall be adjusted for costs reasonably incurred and profits on such costs at a fixed rate of 12% (twelve percent) as a result of the suspension (including without limitation costs for the purpose of safeguarding and/or storage, personnel, Subcontractors or rented equipment costs, demobilization and re-mobilization costs and increased costs or charges incurred for rescheduling) and the Scheduled Final Acceptance Date and all other dates and milestones herein by which Contractor's responsibilities are measured shall be adjusted to reflect any delays resulting from such suspension (including without limitation a period equal to the suspension period, a period for demobilization and re-mobilization plus any additional period required). If Contractor shall, solely in consequence of such suspension, be required to perform any obligations under the warranty at a time which exceeds the original schedule for warranty obligations which would have been applied if there had been no suspension, the additional cost of complying with the warranty obligations shall be added to the EPC Contract Price.

Appears in 2 contracts

Samples: Ormat Technologies, Inc., Ormat Technologies, Inc.

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Additional Changes Resulting From Suspensions. Provided that suspension does is not arise as necessary by reason of a result default on the part of default by Contractor under that has not been corrected, in the event of suspension pursuant to this EPC Contract or by Supplier under Article 18 the Supply Contract, the EPC Contract Price shall be adjusted for increased by the amount equal to the additional costs reasonably incurred and profits on such costs at a fixed rate of 12% (twelve percent) by Contractor as a result of the suspension (including without limitation costs for the purpose of safeguarding and/or safeguarding, storage, personnel, Subcontractors or rented equipment costs, demobilization and re-mobilization costs and increased costs or charges incurred for rescheduling) and the Scheduled Final Acceptance Date scheduled dates specified in this Contract, the Schedule, and all other dates and milestones herein by which Contractor's ’s EXECUTION COPY responsibilities are measured shall be adjusted to reflect any delays resulting from such suspension (including without limitation a period equal to the suspension period, a period for demobilization and re-mobilization plus any additional period required). If Contractor shall, solely in consequence of such suspension, be required to perform any obligations under the its warranty at a time which exceeds the original schedule for warranty obligations which that would have been applied if there had been were no suspension, the additional cost of complying with the warranty obligations shall be added to the EPC Contract Price.

Appears in 2 contracts

Samples: Engineering, Procurement and Construction Contract (Us Geothermal Inc), Engineering, Procurement and Construction Contract (Us Geothermal Inc)

Additional Changes Resulting From Suspensions. Provided that suspension does is not arise as necessary by reason of a result default on the part of default by Contractor under that has not been corrected, in the event of suspension pursuant to this EPC Contract or by Supplier under Article 18 the Supply Contract, the EPC Contract Price shall be adjusted for increased by the amount equal to the additional costs reasonably incurred and profits on such costs at a fixed rate of 12% (twelve percent) by Contractor as a result of the suspension (including without limitation costs for the purpose of safeguarding and/or safeguarding, storage, personnel, Subcontractors or rented equipment costs, demobilization and re-mobilization costs REV A and increased costs or charges incurred for rescheduling) and the Scheduled Final Acceptance Date scheduled dates specified in this Contract, the Schedule, and all other dates and milestones herein by which Contractor's ’s responsibilities are measured shall be adjusted to reflect any delays resulting from such suspension (including without limitation a period equal to the suspension period, a period for demobilization and re-mobilization plus any additional period required). If Contractor shall, solely in consequence of such suspension, be required to perform any obligations under the its warranty at a time which exceeds the original schedule for warranty obligations which that would have been applied if there had been were no suspension, the additional cost of complying with the warranty obligations shall be added to the EPC Contract Price.

Appears in 2 contracts

Samples: Construction Contract (Us Geothermal Inc), Construction Contract (Us Geothermal Inc)

Additional Changes Resulting From Suspensions. Provided that suspension does is not arise as necessary by reason of a result default on the part of default by Contractor under that has not been corrected, in the event of suspension pursuant to this EPC Contract or by Supplier under Section 18 the Supply Contract, the EPC Contract Price shall be adjusted for increased by the amount equal to the additional costs reasonably incurred and profits on such costs at a fixed rate of 12% (twelve percent) by Contractor as a result of the suspension (including without limitation costs for the purpose of safeguarding and/or safeguarding, storage, personnel, Subcontractors or rented equipment costs, demobilization and re-mobilization costs and increased costs or charges incurred for rescheduling) and the Scheduled Final Acceptance Date scheduled dates specified in this Contract, the Schedule, and all other dates and milestones herein by which Contractor's responsibilities are measured shall be adjusted to reflect any delays resulting from such suspension (including without limitation a period equal to the suspension period, a period for demobilization and re-mobilization plus any additional period required). If Contractor shall, solely in consequence of such suspension, be required to perform any obligations under the its warranty at a time which exceeds the original schedule for warranty obligations which that would have been applied if there had been were no suspension, the additional cost of complying with the warranty obligations shall be added to the EPC Contract Price.

Appears in 1 contract

Samples: Engineering, Procurement and Construction Contract (Us Geothermal Inc)

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Additional Changes Resulting From Suspensions. Provided that suspension does is not arise as necessary by reason of a result default on the part of default by Contractor under that has not been corrected, in the event of suspension pursuant to this EPC Contract or by Supplier under the Supply ContractSection 18, the EPC Contract Price shall be adjusted for increased by the amount equal to the additional costs reasonably incurred and profits on such costs at a fixed rate of 12% (twelve percent) by Contractor as a result of the suspension (including without limitation costs for the purpose of safeguarding and/or safeguarding, storage, personnel, Subcontractors or rented equipment costs, demobilization and re-mobilization costs and increased costs or charges incurred for rescheduling) and the Scheduled Final Acceptance Date scheduled dates specified in this Contract, the Schedule, and all other dates and milestones herein by which Contractor's responsibilities are measured shall be adjusted to reflect any delays resulting from such suspension (including without limitation a period equal to the suspension period, a period for demobilization and re-mobilization plus any additional period required). If Contractor shall, solely in consequence of such suspension, be required to perform any obligations under the its warranty at a time which exceeds the original schedule for warranty obligations which that would have been applied if there had been were no suspension, the additional cost of complying with the warranty obligations shall be added to the EPC Contract Price.

Appears in 1 contract

Samples: And Construction Contract (Brady Power Partners)

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