Change Order Approval Procedure Clause Samples

Change Order Approval Procedure. (1) During the Initial Term of this Agreement HHSC or CONTRACTOR may propose changes in the Services, Deliverables, or other aspects of this Contract ("Changes"), including, but not limited to, issues that CONTRACTOR contends affects the actuarial soundness of CONTRACTOR's premium, and any such Changes will be implemented pursuant to the procedures set forth in this section 8.02. (2) If HHSC desires to propose a Change, it shall deliver a written notice to CONTRACTOR describing the proposed Change ("Change Order Request"). CONTRACTOR must respond to such proposal as promptly as reasonably possible by preparing, at no additional cost to HHSC for developing the response, and delivering to HHSC a written document (a "Change Order Response"), that specifies: (A) The effect, if any, of the Change Order Request on the amounts payable by HHSC under this Agreement and the manner in which such effect was calculated; (B) The effect, if any, of the Change Order Request on CONTRACTOR's performance of its obligations under this Agreement, including the effect on the Services or Deliverables; (C) The anticipated time schedule for implementing the Change Order Request; and (D) Any other information requested in the Change Order Request or which is reasonably necessary for HHSC to make an informed decision regarding the proposal. (3) If CONTRACTOR desires to propose a Change, it must deliver a CONTRACTOR Change Order Request to HHSC that includes the information described in section 8.02(b) for a Change Order and Change Order Response. (4) Upon HHSC's receipt of a Change Order and Change Order Response, the Parties shall negotiate a resolution of the requested Change in good faith. The Parties will exchange information in good faith in an attempt to resolve the requested Change.

Change Order Approval Procedure. In the event a change order for the Commerce Project is required that would result in an increase in Project Costs above the GMP, Developer shall submit such proposed change order for Owner’s Approval and if Owner fails to accept, reject or otherwise take any action with respect thereto within seven (7) Business Days (as hereinafter defined) after Owner’s receipt of such change order, such change order shall be deemed approved by Owner. If Owner disapproves of any such proposed change order in such seven (7) Business Day period, Owner and Developer shall reasonably cooperate in good faith to resolve the underlying issue necessitating the proposed change order. In the event a proposed change order would increase the Project Budget or the GMP or materially adversely affect the design, appearance, value, or quality of the Commerce Project, or materially extend any completion schedule, then Owner’s approval to such change order may be withheld in Owner’s sole discretion. In the event a proposed change order would not increase the Project Budget or the GMP or materially adversely affect the design, appearance, value, or quality of the Commerce Project, or materially extend any completion schedule, then Owner’s approval to such change order shall not be unreasonably withheld, conditioned or delayed. In any case, net costs associated with any such change order shall be deemed incorporated into the Project Budget and GMP if and to the extent such change order is an Owner Change Order (defined below) and causes the Project Costs to exceed the Project Budget. Following approval of the Plans and Specifications pursuant to Section 3.1 above, the Plans and Specifications may be modified from time to time as required by Owner in its discretion (each, an “Owner Change Order”); provided, however, that Developer’s prior written consent shall be required for any Owner Change Order that would materially alter: (i) the structural components, of the Commerce Project; (ii) the character or intended use of the Commerce Project in a manner that causes the Commerce Project to no longer comply with the Entitlements obtained from the City; (iii) the Project Schedule; or (iv) structural components, use or projected completion date of the Parking Garage; which consent shall not be unreasonably withheld, conditioned or delayed. By way of example and not limitation, additional costs and change orders to address site and construction costs that are shown on, or could be reasonably inferr...