Adjustment Due to Changes Sample Clauses

Adjustment Due to Changes. To the extent that a Change demonstrably affects Contractor’s ability to perform the Work, the time or cost (including reduction thereof) of doing so or any other obligation under this Agreement, Contractor (or Owner, to the extent the net impact is a reduction in cost or schedule) shall be entitled to an equitable adjustment as appropriate to the Contract Price, the Project Schedule or such other parts of this Agreement as may be affected by such Change; provided, however, that Contractor shall use commercially reasonable efforts, including altering the sequence of Work otherwise contemplated in the Project Schedule, altering work hours, or other means reasonably available, in order to mitigate the adverse impact of any Change. Contractor shall submit a proposed plan of mitigation to Owner within five (5) Business Days of the occurrence of the Change. An adjustment to the Contract Price, the Project Schedule or such other parts of this Agreement as may be affected by such Change shall only be granted to the extent that such adverse effects cannot reasonably be mitigated. The burden of proving entitlement to relief shall be on the Party requesting the Change Order. Relief for particular Changes may also be conditioned or limited as provided in Section 5.1.
Sample 1
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Adjustment Due to Changes. To the extent that a Change affects Contractor’s or its Subcontractors’ time or cost of performing the Work, Contractor shall be entitled to an equitable adjustment as appropriate.
Sample 1
Adjustment Due to Changes. Bechtel will use diligent efforts to ------------------------- minimize the effects of any Changes on cost and schedule. To the extent that a Change affects Xxxxxxx'x ability to perform the Services, or Xxxxxxx'x costs, or Xxxxxxx'x ability to meet the schedule, including any Project Construction Schedule, or any other Bechtel obligation under this Agreement, Bechtel shall be entitled to an equitable adjustment as appropriate to the compensation, schedule, and/or such other parts of this Agreement as may be affected by such Change.
Sample 1

Related to Adjustment Due to Changes

  • Adjustment Due to Distribution If the Borrower shall declare or make any distribution of its assets (or rights to acquire its assets) to holders of Common Stock as a dividend, stock repurchase, by way of return of capital or otherwise (including any dividend or distribution to the Borrower’s shareholders in cash or shares (or rights to acquire shares) of capital stock of a subsidiary (i.e., a spin-off)) (a “Distribution”), then the Holder of this Note shall be entitled, upon any conversion of this Note after the date of record for determining shareholders entitled to such Distribution, to receive the amount of such assets which would have been payable to the Holder with respect to the shares of Common Stock issuable upon such conversion had such Holder been the holder of such shares of Common Stock on the record date for the determination of shareholders entitled to such Distribution.

  • Adjustment, etc Any adjustment, indulgence, forbearance or compromise that might be granted or given by any of the Lenders to Borrower or Guarantor or any Person liable on the Liabilities;

  • Year-End Adjustment If necessary, on or before the last day of the first month of each fiscal year, an adjustment payment shall be made by the appropriate party in order that the amount of the investment advisory fees waived or reduced and other payments remitted by the Adviser to the Fund or Funds with respect to the previous fiscal year shall equal the Excess Amount.

  • True-Up Adjustments From time to time, until the Retirement of the Recovery Bonds, the Servicer shall identify the need for True-Up Adjustments and shall take all reasonable action to obtain and implement such True-Up Adjustments, all in accordance with the following:

  • Adjustments Upon Specified Events Upon the occurrence of certain events relating to the Corporation’s stock contemplated by Section 7.1 of the Plan (including, without limitation, an extraordinary cash dividend on such stock), the Administrator shall make adjustments in accordance with such section in the number of Stock Units then outstanding and the number and kind of securities that may be issued in respect of the Award. No such adjustment shall be made with respect to any ordinary cash dividend for which dividend equivalents are credited pursuant to Section 5(b).

  • Adjustments Upon Change in Capitalization The terms of this Agreement, including the RSUs, the Participant’s Unit Account, any dividend equivalent payments accrued pursuant to Section 6 and/or the Shares, shall be subject to adjustment in accordance with Section 12 of the Plan. This paragraph shall also apply with respect to any extraordinary dividend or other extraordinary distribution in respect of the Company’s Common Stock (whether in the form of cash or other property) to the extent provided in the Plan.

  • Subsequent Adjustments In the event that the Assuming Institution or the Receiver discovers any errors or omissions as contemplated by Section 8.2 or any error with respect to the payment made under Section 8.3 after the Settlement Date, the Assuming Institution and the Receiver agree to promptly correct any such errors or omissions, make any payments and effect any transfers or assumptions as may be necessary to reflect any such correction plus interest as provided in Section 8.4.

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