Common use of CHANGE ORDER RATE AND PROCEDURE Clause in Contracts

CHANGE ORDER RATE AND PROCEDURE. 40.1 It is understood that the Customer may, at any time by a written order, make changes in the scope of the project. No changes in scope are to be conducted or performed by the Contractor except by the express written approval of the Customer. The Contractor shall be obligated to perform all changes requested by the Customer which have no price or schedule effect. 40.2 The Contractor shall have no obligation to proceed with any change that has a price or schedule effect until the parties have mutually agreed in writing thereto. Neither the Customer nor the Contractor shall be obligated to execute such a change order; and if no such change order is executed, the Contractor shall not be obliged or authorized to perform services beyond the scope of the initial project and the contract documents. All executed change orders shall be incorporated into previously defined deliverables. 40.3 With respect to any change orders issued in accordance with this Article, the Contractor shall be compensated for work performed under a change order according to the hourly change order rates specified in the attached Exhibit A, which is incorporated herein. If there is a service that is not defined in the change order rate, the Contractor and the Customer will negotiate the rate. The Contractor agrees that each change order rate shall be a “fully loaded” rate, that is, it includes the cost of all materials, travel expenses, per diem, and all other expenses and incidentals incurred by the Contractor in the performance of the change order. The Contractor shall invoice the Customer upon acceptance by the Customer of all work documented in the change order, and the Customer shall pay invoice amounts on the terms set forth in this Master Agreement. 40.4 Upon agreement of the parties to enter into a change order, the parties will execute such a change order setting forth in reasonable detail the work to be performed thereunder, the revisions necessary to the specifications or performance schedules of any affected project work plan, and the estimated number of professional services hours that will be necessary to implement the work contemplated therein. The price of the work to be performed under any change order will be determined based upon the change order rate; however, the change order will be issued for a total fixed dollar amount and may not be exceeded regardless of the number of hours actually expended by the Contractor to complete the work required by that change order. The project work plan will be revised as necessary. 40.5 The Contractor will include in the progress reports delivered under the project, the status of work performed under all then current change orders. 40.6 In the event the Contractor and the Customer enter into a change order which increases or decreases the time required for the performance of any part of the work under the project, the Contractor shall submit to the Customer a revised version of the project work plan, clearly indicating all changes, at least five (5) working days prior to implementing any such changes. 40.7 The Customer shall promptly review all revised project work plans submitted, and shall notify the Contractor of its approval or disapproval, in whole or in part, of the proposed revisions, stating with particularity all grounds for any disapproval, within ten (10) working days of receiving the revisions from the Contractor unless a longer period of time is mutually agreed upon.

Appears in 10 contracts

Sources: Master Security Consulting Services Agreement, Master Security Consulting Services Agreement, Master Security Consulting Services Agreement

CHANGE ORDER RATE AND PROCEDURE. 40.1 14.1 It is understood that the Customer Purchaser may, at any time by a written order, make changes in the scope of the projectproject that is the subject of a supplement and/or purchase order. No changes in scope are to be conducted or performed by the Contractor Seller except by the express written approval of the CustomerPurchaser. The Contractor Seller shall be obligated to perform all changes requested by the Customer Purchaser which have no price or schedule effect. 40.2 The Contractor 14.2 Seller shall have no obligation to proceed with any change that has a price or schedule effect until the parties have mutually agreed in writing thereto. Neither the Customer Purchaser nor the Contractor Seller shall be obligated to execute such a change order; and if no such change order is executed, the Contractor Seller shall not be obliged or authorized to perform services beyond the scope of the initial project and the contract documents. All executed change orders shall be incorporated into previously defined deliverables.supplement and/or 40.3 14.3 With respect to any change orders issued in accordance with this Article, the Contractor Seller shall be compensated for work performed under a change order according to the not-to-exceed hourly change order rates specified in the attached Exhibit Apublished EPL. Unless agreed to otherwise in a supplement and/or purchase order, which is incorporated herein. If there is a service that is not defined in the change order rate, the Contractor and the Customer will negotiate the rate. The Contractor Seller agrees that each change order rate shall be a “fully loaded” loaded rate, that is, it includes the cost of all materials, travel expenses, per diem, and all other expenses and incidentals incurred by the Contractor Seller in the performance of the change order. The Contractor Seller shall invoice the Customer Purchaser upon acceptance by the Customer Purchaser of all work documented in the change order, and the Customer Purchaser shall pay invoice amounts on the terms set forth in this Master Agreementthe supplement and/or purchase order. 40.4 14.4 Upon agreement of Seller and the parties Purchaser to enter into a change order, the parties they will execute such a change order setting forth in reasonable detail the work to be performed thereunder, the revisions necessary to the specifications or performance schedules of any affected project work plan, and the estimated negotiated, fixed number of professional services hours that will be necessary to implement the work contemplated thereinwork. The price of the work to be performed under any change order will be determined based upon the change order rate; however, the change order will be issued for a total fixed dollar amount and may not be exceeded regardless of the number of hours actually expended by the Contractor Seller to complete the work required by that change order. It is understood, however, that Seller will not be financially responsible for delays caused directly by Purchaser. The project work plan will be revised as necessarynecessary in accordance with Article 14.6 herein. 40.5 The Contractor 14.5 Seller will include in the progress reports delivered under the projectsupplement and/or purchase order, the status of work performed under all then current change orders. 40.6 14.6 In the event the Contractor Seller and the Customer Purchaser enter into a change order which increases or decreases the time required for the performance of any part of the work under the projectsupplement and/or purchase order, the Contractor Seller shall submit to the Customer Purchaser a revised version of the project work plan, clearly indicating all changes, at least five (5) working days prior to implementing any such changes. 40.7 14.7 The Customer Purchaser shall promptly review all revised project work plans submittedsubmitted under the supplement and/or purchase order, and shall notify the Contractor Seller of its approval or disapproval, in whole or in part, of the proposed revisions, stating with particularity all grounds for any disapproval, within ten (10) working days of receiving the revisions from Seller or within such other time period as may be agreed to by the Contractor unless a longer period of time is mutually agreed uponparties.

Appears in 2 contracts

Sources: Master Purchase and Maintenance Agreement, Master Purchase and Maintenance Agreement

CHANGE ORDER RATE AND PROCEDURE. 40.1 14.1 It is understood that the Customer Purchaser may, at any time by a written order, make changes in the scope of the projectproject that is the subject of a supplement and/or purchase order. No changes in scope are to be conducted or performed by the Contractor Seller except by the express written approval of the CustomerPurchaser. The Contractor Seller shall be obligated to perform all changes requested by the Customer Purchaser which have no price or schedule effect. 40.2 The Contractor 14.2 Seller shall have no obligation to proceed with any change that has a price or schedule effect until the parties have mutually agreed in writing thereto. Neither the Customer Purchaser nor the Contractor Seller shall be obligated to execute such a change order; and if no such change order is executed, the Contractor Seller shall not be obliged or authorized to perform services beyond the scope of the initial project supplement and/or purchase order and the contract documents. All executed change orders shall be incorporated into previously defined deliverables. 40.3 14.3 With respect to any change orders issued in accordance with this Article, the Contractor Seller shall be compensated for work performed under a change order according to the not-to-exceed hourly change order rates specified in the attached Exhibit Apublished EPL. Unless agreed to otherwise in a supplement and/or purchase order, which is incorporated herein. If there is a service that is not defined in the change order rate, the Contractor and the Customer will negotiate the rate. The Contractor Seller agrees that each change order rate shall be a “fully loaded” loaded rate, that is, it includes the cost of all materials, travel expenses, per diem, and all other expenses and incidentals incurred by the Contractor Seller in the performance of the change order. The Contractor Seller shall invoice the Customer Purchaser upon acceptance by the Customer of all work documented in the change order, and the Customer shall pay invoice amounts on the terms set forth in this Master Agreement.by 40.4 14.4 Upon agreement of Seller and the parties Purchaser to enter into a change order, the parties they will execute such a change order setting forth in reasonable detail the work to be performed thereunder, the revisions necessary to the specifications or performance schedules of any affected project work plan, and the estimated negotiated, fixed number of professional services hours that will be necessary to implement the work contemplated thereinwork. The price of the work to be performed under any change order will be determined based upon the change order rate; however, the change order will be issued for a total fixed dollar amount and may not be exceeded regardless of the number of hours actually expended by the Contractor Seller to complete the work required by that change order. It is understood, however, that Seller will not be financially responsible for delays caused directly by Purchaser. The project work plan will be revised as necessarynecessary in accordance with Article 14.6 herein. 40.5 The Contractor 14.5 Seller will include in the progress reports delivered under the projectsupplement and/or purchase order, the status of work performed under all then current change orders. 40.6 14.6 In the event the Contractor Seller and the Customer Purchaser enter into a change order which increases or decreases the time required for the performance of any part of the work under the projectsupplement and/or purchase order, the Contractor Seller shall submit to the Customer Purchaser a revised version of the project work plan, clearly indicating all changes, at least five (5) working days prior to implementing any such changes. 40.7 14.7 The Customer Purchaser shall promptly review all revised project work plans submittedsubmitted under the supplement and/or purchase order, and shall notify the Contractor Seller of its approval or disapproval, in whole or in part, of the proposed revisions, stating with particularity all grounds for any disapproval, within ten (10) working days of receiving the revisions from Seller or within such other time period as may be agreed to by the Contractor unless a longer period of time is mutually agreed uponparties.

Appears in 2 contracts

Sources: Master Purchase and Maintenance Agreement, Master Purchase and Maintenance Agreement

CHANGE ORDER RATE AND PROCEDURE. 40.1 14.1 It is understood that the Customer Purchaser may, at any time by a written order, make changes in the scope of the projectproject that is the subject of a supplement and/or purchase order. No changes in scope are to be conducted or performed by the Contractor Seller except by the express written approval of the CustomerPurchaser. The Contractor Seller shall be obligated to perform all changes requested by the Customer Purchaser which have no price or schedule effect. 40.2 The Contractor 14.2 Seller shall have no obligation to proceed with any change that has a price or schedule effect until the parties have mutually agreed in writing thereto. Neither the Customer Purchaser nor the Contractor Seller shall be obligated to execute such a change order; and if no such change order is executed, the Contractor Seller shall not be obliged or authorized to perform services beyond the scope of the initial project supplement and/or purchase order and the contract documents. All executed change orders shall be incorporated into previously defined deliverables. 40.3 14.3 With respect to any change orders issued in accordance with this Article, the Contractor Seller shall be compensated for work performed under a change order according to the not-to-exceed hourly change order rates specified in the attached Exhibit Apublished EPL. Unless agreed to otherwise in a supplement and/or purchase order, which is incorporated herein. If there is a service that is not defined in the change order rate, the Contractor and the Customer will negotiate the rate. The Contractor Seller agrees that each change order rate shall be a “fully loaded” loaded rate, that is, it includes the cost of all materials, travel expenses, per diem, and all other expenses and incidentals incurred by the Contractor Seller in the performance of the change order. The Contractor Seller shall invoice the Customer Purchaser upon acceptance by the Customer Purchaser of all work documented in the change order, and the Customer Purchaser shall pay invoice amounts on the terms set forth in this Master Agreementthe supplement and/or purchase order. 40.4 14.4 Upon agreement of Seller and the parties Purchaser to enter into a change order, the parties they will execute such a change order setting forth in reasonable detail the work to be performed thereunder, the revisions necessary to the specifications or performance schedules of any affected project work plan, and the estimated negotiated, fixed number of professional services hours that will be necessary to implement the work contemplated thereinwork. The price of the work to be performed under any change order will be determined based upon the change order rate; however, the change order will be issued for a total fixed dollar amount and may not be exceeded regardless of the number of hours actually expended by the Contractor to complete the work required by that change order. The project work plan will be revised as necessary.number 40.5 The Contractor 14.5 Seller will include in the progress reports delivered under the projectsupplement and/or purchase order, the status of work performed under all then current change orders. 40.6 14.6 In the event the Contractor Seller and the Customer Purchaser enter into a change order which increases or decreases the time required for the performance of any part of the work under the projectsupplement and/or purchase order, the Contractor Seller shall submit to the Customer Purchaser a revised version of the project work plan, clearly indicating all changes, at least five (5) working days prior to implementing any such changes. 40.7 14.7 The Customer Purchaser shall promptly review all revised project work plans submittedsubmitted under the supplement and/or purchase order, and shall notify the Contractor Seller of its approval or disapproval, in whole or in part, of the proposed revisions, stating with particularity all grounds for any disapproval, within ten (10) working days of receiving the revisions from Seller or within such other time period as may be agreed to by the Contractor unless a longer period of time is mutually agreed uponparties.

Appears in 1 contract

Sources: Master Purchase Agreement

CHANGE ORDER RATE AND PROCEDURE. 40.1 14.1 It is understood that the Customer Purchaser may, at any time by a written order, make changes in the scope of the projectproject that is the subject of a supplement and/or purchase order. No changes in scope are to be conducted or performed by the Contractor Seller except by the express written approval of the CustomerPurchaser. The Contractor Seller shall be obligated to perform all changes requested by the Customer Purchaser which have no price or schedule effect. 40.2 The Contractor 14.2 Seller shall have no obligation to proceed with any change that has a price or schedule effect until the parties have mutually agreed in writing thereto. Neither the Customer Purchaser nor the Contractor Seller shall be obligated to execute such a change order; and if no such change order is executed, the Contractor Seller shall not be obliged or authorized to perform services beyond the scope of the initial project supplement and/or purchase order and the contract documents. All executed change orders shall be incorporated into previously defined deliverables. 40.3 14.3 With respect to any change orders issued in accordance with this Article, the Contractor Seller shall be compensated for work performed under a change order according to the not-to-exceed hourly change order rates specified in the attached Exhibit Apublished EPL. Unless agreed to otherwise in a supplement and/or purchase order, which is incorporated herein. If there is a service that is not defined in the change order rate, the Contractor and the Customer will negotiate the rate. The Contractor Seller agrees that each change order rate shall be a “fully loaded” loaded rate, that is, it includes the cost of all materials, travel expenses, per diem, and all other expenses and incidentals incurred by the Contractor in the performance of the change order. The Contractor shall invoice the Customer upon acceptance by the Customer of all work documented in the change order, and the Customer shall pay invoice amounts on the terms set forth in this Master Agreement.Seller in 40.4 14.4 Upon agreement of Seller and the parties Purchaser to enter into a change order, the parties they will execute such a change order setting forth in reasonable detail the work to be performed thereunder, the revisions necessary to the specifications or performance schedules of any affected project work plan, and the estimated negotiated, fixed number of professional services hours that will be necessary to implement the work contemplated thereinwork. The price of the work to be performed under any change order will be determined based upon the change order rate; however, the change order will be issued for a total fixed dollar amount and may not be exceeded regardless of the number of hours actually expended by the Contractor Seller to complete the work required by that change order. It is understood, however, that Seller will not be financially responsible for delays caused directly by Purchaser. The project work plan will be revised as necessarynecessary in accordance with Article 14.6 herein. 40.5 The Contractor 14.5 Seller will include in the progress reports delivered under the projectsupplement and/or purchase order, the status of work performed under all then current change orders. 40.6 14.6 In the event the Contractor Seller and the Customer Purchaser enter into a change order which increases or decreases the time required for the performance of any part of the work under the projectsupplement and/or purchase order, the Contractor Seller shall submit to the Customer Purchaser a revised version of the project work plan, clearly indicating all changes, at least five (5) working days prior to implementing any such changes. 40.7 14.7 The Customer Purchaser shall promptly review all revised project work plans submittedsubmitted under the supplement and/or purchase order, and shall notify the Contractor Seller of its approval or disapproval, in whole or in part, of the proposed revisions, stating with particularity all grounds for any disapproval, within ten (10) working days of receiving the revisions from Seller or within such other time period as may be agreed to by the Contractor unless a longer period of time is mutually agreed uponparties.

Appears in 1 contract

Sources: Master Purchase and Maintenance Agreement

CHANGE ORDER RATE AND PROCEDURE. 40.1 46.1 It is understood that the Customer State may, at any time time, by a written order, make changes in the scope of the project. No changes in scope are to be conducted or performed by the Contractor Seller except by the express written approval of the CustomerState. The Contractor Seller shall be obligated to perform all changes requested by the Customer Purchaser which have no price or schedule effect. 40.2 46.2 The Contractor Seller shall have no obligation to proceed with any change that has a price or schedule effect until the parties have mutually agreed in writing thereto. Neither the Customer State nor the Contractor Seller shall be obligated to execute such a change order; and if no such change order is executed, the Contractor Seller shall not be obliged or authorized to perform services beyond the scope of the initial project this Agreement and the contract documents. All executed change orders shall be incorporated into previously defined deliverables. 40.3 46.3 With respect to any change orders issued in accordance with this Article, the Contractor Seller shall be compensated for work performed under a change order according to the hourly change order rates rate specified in the attached Exhibit A, which is incorporated herein. If there is a service that is not defined in the change order rate, the Contractor Seller and the Customer State will negotiate the rate. The Contractor Seller agrees that each change order rate shall be a “fully loaded” rate, that is, it includes the cost of all materials, travel expenses, per diem, and all other expenses and incidentals incurred by the Contractor Seller in the performance of the change order. The Contractor Seller shall invoice the Customer Purchaser upon acceptance by the Customer Purchaser of all work documented in the change order, and the Customer Purchaser shall pay invoice amounts on the terms set forth in this Master Agreement. 40.4 46.4 Upon agreement of the parties to enter into a change order, the parties will execute such a change order setting forth in reasonable detail the work to be performed thereunder, the revisions necessary to the specifications or performance schedules of any affected project work plan, and the estimated number of professional services hours that will be necessary to implement the work contemplated therein. The price of the work to be performed under any change order will be determined based upon the change order rate; however, the change order will be issued for a total fixed dollar amount and may not be exceeded regardless of the number of hours actually expended by the Contractor Seller to complete the work required by that change order. The project work plan will be revised as necessary. 40.5 46.5 The Contractor Seller will include in the progress reports delivered under the project, this Agreement the status of work performed under all then current change orders. 40.6 46.6 In the event the Contractor Seller and the Customer State enter into a change order which increases or decreases the time required for the performance of any part of the work under the projectthis Agreement, the Contractor Seller shall submit to the Customer Purchaser a revised version of the project work plan, clearly indicating all changes, at least five (5) working days prior to implementing any such changes. 40.7 46.7 The Customer Purchaser shall promptly review all revised project work plans submitted, submitted under this Agreement and shall notify the Contractor Seller of its approval or disapproval, in whole or in part, of the proposed revisions, stating with particularity all grounds for any disapproval, within ten (10) working days of receiving the revisions from the Contractor unless a longer Seller. If the Purchaser fails to respond in such time period of time is mutually agreed uponor any extension thereof, the Purchaser shall be deemed to have approved the revised project work plan.

Appears in 1 contract

Sources: Turnkey Agreement

CHANGE ORDER RATE AND PROCEDURE. 40.1 14.1 It is understood that the Customer Purchaser may, at any time by a written order, make changes in the scope of the projectproject that is the subject of a supplement and/or purchase order. No changes in scope are to be conducted or performed by the Contractor Seller except by the express written approval of the CustomerPurchaser. The Contractor Seller shall be obligated to perform all changes requested by the Customer Purchaser which have no price or schedule effect. 40.2 The Contractor 14.2 Seller shall have no obligation to proceed with any change that has a price or schedule effect until the parties have mutually agreed in writing thereto. Neither the Customer Purchaser nor the Contractor Seller shall be obligated to execute such a change order; and if no such change order is executed, the Contractor Seller shall not be obliged or authorized to perform services beyond the scope of the initial project supplement and/or purchase order and the contract documents. All executed change orders shall be incorporated into previously defined deliverables. 40.3 14.3 With respect to any change orders issued in accordance with this Article, the Contractor Seller shall be compensated for work performed under a change order according to the not-to-exceed hourly change order rates specified in the attached Exhibit Apublished EPL. Unless agreed to otherwise in a supplement and/or purchase order, which is incorporated herein. If there is a service that is not defined in the change order rate, the Contractor and the Customer will negotiate the rate. The Contractor Seller agrees that each change order rate shall be a “fully loaded” loaded rate, that is, it includes the cost of all materials, travel expenses, per diem, and all other expenses and incidentals incurred by the Contractor Seller in the performance of the change order. The Contractor Seller shall invoice the Customer Purchaser upon acceptance by the Customer of all work documented in the change order, and the Customer shall pay invoice amounts on the terms set forth in this Master Agreement.the 40.4 14.4 Upon agreement of Seller and the parties Purchaser to enter into a change order, the parties they will execute such a change order setting forth in reasonable detail the work to be performed thereunder, the revisions necessary to the specifications or performance schedules of any affected project work plan, and the estimated negotiated, fixed number of professional services hours that will be necessary to implement the work contemplated thereinwork. The price of the work to be performed under any change order will be determined based upon the change order rate; however, the change order will be issued for a total fixed dollar amount and may not be exceeded regardless of the number of hours actually expended by the Contractor Seller to complete the work required by that change order. It is understood, however, that Seller will not be financially responsible for delays caused directly by Purchaser. The project work plan will be revised as necessarynecessary in accordance with Article 14.6 herein. 40.5 The Contractor 14.5 Seller will include in the progress reports delivered under the projectsupplement and/or purchase order, the status of work performed under all then current change orders. 40.6 14.6 In the event the Contractor Seller and the Customer Purchaser enter into a change order which increases or decreases the time required for the performance of any part of the work under the projectsupplement and/or purchase order, the Contractor Seller shall submit to the Customer Purchaser a revised version of the project work plan, clearly indicating all changes, at least five (5) working days prior to implementing any such changes. 40.7 14.7 The Customer Purchaser shall promptly review all revised project work plans submittedsubmitted under the supplement and/or purchase order, and shall notify the Contractor Seller of its approval or disapproval, in whole or in part, of the proposed revisions, stating with particularity all grounds for any disapproval, within ten (10) working days of receiving the revisions from Seller or within such other time period as may be agreed to by the Contractor unless a longer period of time is mutually agreed uponparties.

Appears in 1 contract

Sources: Master Purchase Agreement

CHANGE ORDER RATE AND PROCEDURE. 40.1 43.1 It is understood that the Customer State may, at any time by a written order, make changes in the scope of the project. No changes in scope are to be conducted or performed by the Contractor Licensor except by the express written approval of the CustomerState. The Contractor Licensor shall be obligated to perform all changes requested by the Customer Licensee, which have no price or schedule effect. 40.2 43.2 The Contractor Licensor shall have no obligation to proceed with any change that has a price or schedule effect until the parties have mutually agreed in writing thereto. Neither the Customer State nor the Contractor Licensor shall be obligated to execute such a change order; and if no such change order is executed, the Contractor Licensor shall not be obliged or authorized to perform services beyond the scope of the initial project this Agreement and the contract documents. All executed change orders shall be incorporated into previously defined deliverables. 40.3 43.3 With respect to any change orders issued in accordance with this Article, the Contractor Licensor shall be compensated for work performed under a change order according to the hourly change order rates rate specified in the attached Exhibit A, which is incorporated herein. A. If there is a service that is not defined in the change order rate, the Contractor Licensor and the Customer State will negotiate the rate. The Contractor Licensor agrees that each this change order rate shall be a “fully loaded” rate, that is, it includes the cost of all materials, travel expenses, per diem, and all other expenses and incidentals incurred by the Contractor Licensor in the performance of the change order. The Contractor Licensor shall invoice the Customer Licensee upon acceptance by the Customer Licensee of all work documented in the change order, and the Customer Licensee shall pay invoice amounts on the terms set forth in this Master Agreement. 40.4 43.4 Upon agreement of the parties to enter into a change order, the parties will execute such a change order setting forth in reasonable detail the work to be performed thereunder, the revisions necessary to the specifications or performance schedules of any affected project work plan, and the estimated number of professional services hours that will be necessary to implement the work contemplated therein. The price of the work to be performed under any change order will be determined based upon the change order rate; however, the change order will be issued for a total fixed dollar amount and may not be exceeded regardless of the number of hours actually expended by the Contractor Licensor to complete the work required by that change order. The project work plan will be revised as necessary. 40.5 43.5 The Contractor Licensor will include in the progress reports delivered under the projectthis Agreement, the status of work performed under all then current change orders. 40.6 43.6 In the event the Contractor Licensor and the Customer State enter into a change order which increases or decreases the time required for the performance of any part of the work under the projectthis Agreement, the Contractor Licensor shall submit to the Customer Licensee a revised version of the project work plan, clearly indicating all changes, at least five (5) working days prior to implementing any such changes. 40.7 43.7 The Customer Licensee shall promptly review all revised project work plans submittedsubmitted under this Agreement, and shall notify the Contractor Licensor of its approval or disapproval, in whole or in part, of the proposed revisions, stating with particularity all grounds for any disapproval, within ten (10) working days of receiving the revisions from the Contractor unless a longer Licensor. If the Licensee fails to respond in such time period of time is mutually agreed uponor any extension thereof, the Licensee shall be deemed to have approved the revised project work plan.

Appears in 1 contract

Sources: Software as a Service Agreement

CHANGE ORDER RATE AND PROCEDURE. 40.1 14.1 It is understood that the Customer Purchaser may, at any time by a written order, make changes in the scope of the projectproject that is the subject of a supplement and/or purchase order. No changes in scope are to be conducted or performed by the Contractor Seller except by the express written approval of the CustomerPurchaser. The Contractor Seller shall be obligated to perform all changes requested by the Customer Purchaser which have no price or schedule effect. 40.2 The Contractor 14.2 Seller shall have no obligation to proceed with any change that has a price or schedule effect until the parties have mutually agreed in writing thereto. Neither the Customer Purchaser nor the Contractor shall be obligated to execute such a change order; and if no such change order is executed, the Contractor shall not be obliged or authorized to perform services beyond the scope of the initial project and the contract documents. All executed change orders shall be incorporated into previously defined deliverables.Seller 40.3 14.3 With respect to any change orders issued in accordance with this Article, the Contractor Seller shall be compensated for work performed under a change order according to the not-to-exceed hourly change order rates specified in the attached Exhibit Apublished EPL. Unless agreed to otherwise in a supplement and/or purchase order, which is incorporated herein. If there is a service that is not defined in the change order rate, the Contractor and the Customer will negotiate the rate. The Contractor Seller agrees that each change order rate shall be a “fully loaded” loaded rate, that is, it includes the cost of all materials, travel expenses, per diem, and all other expenses and incidentals incurred by the Contractor Seller in the performance of the change order. The Contractor Seller shall invoice the Customer Purchaser upon acceptance by the Customer Purchaser of all work documented in the change order, and the Customer Purchaser shall pay invoice amounts on the terms set forth in this Master Agreementthe supplement and/or purchase order. 40.4 14.4 Upon agreement of Seller and the parties Purchaser to enter into a change order, the parties they will execute such a change order setting forth in reasonable detail the work to be performed thereunder, the revisions necessary to the specifications or performance schedules of any affected project work plan, and the estimated negotiated, fixed number of professional services hours that will be necessary to implement the work contemplated thereinwork. The price of the work to be performed under any change order will be determined based upon the change order rate; however, the change order will be issued for a total fixed dollar amount and may not be exceeded regardless of the number of hours actually expended by the Contractor Seller to complete the work required by that change order. It is understood, however, that Seller will not be financially responsible for delays caused directly by Purchaser. The project work plan will be revised as necessarynecessary in accordance with Article 14.6 herein. 40.5 The Contractor 14.5 Seller will include in the progress reports delivered under the projectsupplement and/or purchase order, the status of work performed under all then current change orders. 40.6 14.6 In the event the Contractor Seller and the Customer Purchaser enter into a change order which increases or decreases the time required for the performance of any part of the work under the projectsupplement and/or purchase order, the Contractor Seller shall submit to the Customer Purchaser a revised version of the project work plan, clearly indicating all changes, at least five (5) working days prior to implementing any such changes. 40.7 14.7 The Customer Purchaser shall promptly review all revised project work plans submittedsubmitted under the supplement and/or purchase order, and shall notify the Contractor Seller of its approval or disapproval, in whole or in part, of the proposed revisions, stating with particularity all grounds for any disapproval, within ten (10) working days of receiving the revisions from Seller or within such other time period as may be agreed to by the Contractor unless a longer period of time is mutually agreed uponparties.

Appears in 1 contract

Sources: Master Purchase and Maintenance Agreement

CHANGE ORDER RATE AND PROCEDURE. 40.1 It is understood that the Customer may, at any time by a written order, make changes in the scope of the project. No changes in scope are to be conducted or performed by the Contractor except by the express written approval of the Customer. The Contractor shall be obligated to perform all changes requested by the Customer which have no price or schedule effect. 40.2 The Contractor shall have no obligation to proceed with any change that has a price or schedule effect until the parties have mutually agreed in writing thereto. Neither the Customer nor the Contractor shall be obligated to execute such a change order; and if no such change order is executed, the Contractor shall not be obliged or authorized to perform services beyond the scope of the initial project and the contract documents. All executed change orders shall be incorporated into previously defined deliverables. 40.3 With respect to any change orders issued in accordance with this Article, the Contractor shall be compensated for work performed under a change order according to the hourly change order rates specified in the attached Exhibit A, which is incorporated herein. If there is a service that is not defined in the change order rate, the Contractor and the Customer will negotiate the rate. The Contractor agrees that each change order rate shall be a “fully loaded” rate, that is, it includes the cost of all materials, travel expenses, per diem, and all other expenses and incidentals incurred by the Contractor in the performance of the change order. The Contractor shall invoice the Customer upon acceptance by the Customer of all work documented in the change order, and the Customer shall pay invoice amounts on the terms set forth in this Master Agreement. 40.4 Upon agreement of the parties to enter into a change order, the parties will execute such a change order setting forth in reasonable detail the work to be performed thereunder, the revisions necessary to the specifications or performance schedules of any affected project work plan, and the estimated number of professional services hours that will be necessary to implement the work contemplated therein. The price of the work to be performed under any change order will be determined based upon the change order rate; however, the change order will be issued for a total fixed dollar amount and may not be exceeded regardless of the number of hours actually expended by the Contractor to complete the work required by that change order. The project work plan will be revised as necessary.project 40.5 The Contractor will include in the progress reports delivered under the project, the status of work performed under all then current change orders. 40.6 In the event the Contractor and the Customer enter into a change order which increases or decreases the time required for the performance of any part of the work under the project, the Contractor shall submit to the Customer a revised version of the project work plan, clearly indicating all changes, at least five (5) working days prior to implementing any such changes. 40.7 The Customer shall promptly review all revised project work plans submitted, and shall notify the Contractor of its approval or disapproval, in whole or in part, of the proposed revisions, stating with particularity all grounds for any disapproval, within ten (10) working days of receiving the revisions from the Contractor unless a longer period of time is mutually agreed upon.

Appears in 1 contract

Sources: Master Security Consulting Services Agreement

CHANGE ORDER RATE AND PROCEDURE. 40.1 41.1 It is understood that the Customer State may, at any time by a written order, make changes in the scope of the project. No changes in scope are to be conducted or performed by the Contractor Licensor except by the express written approval of the CustomerState. The Contractor Licensor shall be obligated to perform all changes requested by the Customer Licensee, which have no price or schedule effect. 40.2 41.2 The Contractor Licensor shall have no obligation to proceed with any change that has a price or schedule effect until the parties have mutually agreed in writing thereto. Neither the Customer State nor the Contractor Licensor shall be obligated to execute such a change order; and if no such change order is executed, the Contractor Licensor shall not be obliged or authorized to perform services beyond the scope of the initial project this Agreement and the contract documents. All executed change orders shall be incorporated into previously defined deliverables. 40.3 41.3 With respect to any change orders issued in accordance with this Article, the Contractor Licensor shall be compensated for work performed under a change order according to the hourly change order rates specified in the attached Exhibit A, which is incorporated hereinrate of $INSERT CHANGE ORDER HOURLY RATE per hour. If there is a service that is not defined in the change order rate, the Contractor Licensor and the Customer State will negotiate the rate. The Contractor Licensor agrees that each this change order rate shall be a “fully loaded” rate, that is, it includes the cost of all materials, travel expenses, per diem, and all other expenses and incidentals incurred by the Contractor Licensor in the performance of the change order. The Contractor Licensor shall invoice the Customer Licensee upon acceptance by the Customer Licensee of all work documented in the change order, and the Customer Licensee shall pay invoice amounts on the terms set forth in this Master Agreement. 40.4 41.4 Upon agreement of the parties to enter into a change order, the parties will execute such a change order setting forth in reasonable detail the work to be performed thereunder, the revisions necessary to the specifications or performance schedules of any affected project work plan, and the estimated number of professional services hours that will be necessary to implement the work contemplated therein. The price of the work to be performed under any change order will be determined based upon the change order rate; however, the change order will be issued for a total fixed dollar amount and may not be exceeded regardless of the number of hours actually expended by the Contractor Licensor to complete the work required by that change order. The project work plan will be revised as necessary. 40.5 41.5 The Contractor Licensor will include in the progress reports delivered under the projectthis Agreement, the status of work performed under all then then­ current change orders. 40.6 41.6 In the event the Contractor Licensor and the Customer State enter into a change order which increases or decreases the time required for the performance of any part of the work under the projectthis Agreement, the Contractor Licensor shall submit to the Customer Licensee a revised version of the project work plan, clearly indicating all changes, at least five (5) working days prior to implementing any such changes. 40.7 41.7 The Customer Licensee shall promptly review all revised project work plans submittedsubmitted under this Agreement, and shall notify the Contractor Licensor of its approval or disapproval, in whole or in part, of the proposed revisions, stating with particularity all grounds for any disapproval, within ten (10) working days of receiving the revisions from the Contractor unless a longer Licensor. If the Licensee fails to respond in such time period of time is mutually agreed uponor any extension thereof, the Licensee shall be deemed to have approved the revised project work plan.

Appears in 1 contract

Sources: Software License and Application Service Provider Agreement

CHANGE ORDER RATE AND PROCEDURE. 40.1 NOTE TO TECHNOLOGY CONSULTANT: YOU & THE AGENCY NEED TO DECIDE WHETHER TO INCLUDE THIS PROVISION ON CHANGE ORDER RATE, ETC. 49.1 It is understood that the Customer State may, at any time by a written order, make changes in the scope of the project. No changes in scope are to be conducted or performed by the Contractor Seller except by the express written approval of the CustomerState. The Contractor Seller shall be obligated to perform all changes requested by the Customer Purchaser which have no price or schedule effect. 40.2 49.2 The Contractor Seller shall have no obligation to proceed with any change that has a price or schedule effect until the parties have mutually agreed in writing thereto. Neither the Customer State nor the Contractor Seller shall be obligated to execute such a change order; and if no such change order is executed, the Contractor Seller shall not be obliged or authorized to perform services beyond the scope of the initial project this Agreement and the contract documents. All executed change orders shall be incorporated into previously defined deliverables. 40.3 49.3 With respect to any change orders issued in accordance with this Article, the Contractor Seller shall be compensated for work performed under a change order according to the hourly change order rates rate specified in the attached Exhibit A, SPECIFY EITHER SELLERS PROPOSAL IN RESPONSE TO RFP NO. XX OR THE ATTACHED EXHIBIT B which is incorporated herein. If there is a service that is not defined in the change order rate, the Contractor Seller and the Customer State will negotiate the rate. The Contractor Seller agrees that each change order rate shall be a “fully loaded” rate, that is, it includes the cost of all materials, travel expenses, per diem, and all other expenses and incidentals incurred by the Contractor Seller in the performance of the change order. The Contractor Seller shall invoice the Customer Purchaser upon acceptance by the Customer Purchaser of all work documented in the change order, and the Customer Purchaser shall pay invoice amounts on the terms set forth in this Master Agreement. 40.4 49.4 Upon agreement of the parties to enter into a change order, the parties will execute such a change order setting forth in reasonable detail the work to be performed thereunder, the revisions necessary to the specifications or performance schedules of any affected project work plan, and the estimated number of professional services hours that will be necessary to implement the work contemplated therein. The price of the work to be performed under any change order will be determined based upon the change order rate; however, the change order will be issued for a total fixed dollar amount and may not be exceeded regardless of the number of hours actually expended by the Contractor Seller to complete the work required by that change order. The project work plan will be revised as necessary. 40.5 49.5 The Contractor Seller will include in the progress reports delivered under the projectthis Agreement, the status of work performed under all then then­ current change orders. 40.6 49.6 In the event the Contractor Seller and the Customer State enter into a change order which increases or decreases the time required for the performance of any part of the work under the projectthis Agreement, the Contractor Seller shall submit to the Customer Purchaser a revised version of the project work plan, clearly indicating all changes, at least five (5) working days prior to implementing any such changes. 40.7 49.7 The Customer Purchaser shall promptly review all revised project work plans submittedsubmitted under this Agreement, and shall notify the Contractor Seller of its approval or disapproval, in whole or in part, of the proposed revisions, stating with particularity all grounds for any disapproval, within ten (10) working days of receiving the revisions from the Contractor unless a longer Seller. If the Purchaser fails to respond in such time period of time is mutually agreed uponor any extension thereof, the Purchaser shall be deemed to have approved the revised project work plan.

Appears in 1 contract

Sources: Turnkey Agreement

CHANGE ORDER RATE AND PROCEDURE. 40.1 14.1 It is understood that the Customer Purchaser may, at any time by a written order, make changes in the scope of the projectproject that is the subject of a supplement and/or purchase order. No changes in scope are to be conducted or performed by the Contractor Seller except by the express written approval of the CustomerPurchaser. The Contractor Seller shall be obligated to perform all changes requested by the Customer Purchaser which have no price or schedule effect. 40.2 The Contractor 14.2 Seller shall have no obligation to proceed with any change that has a price or schedule effect until the parties have mutually agreed in writing thereto. Neither the Customer Purchaser nor the Contractor Seller shall be obligated to execute such a change order; and if no such change order is executed, the Contractor shall not be obliged or authorized to perform services beyond the scope of the initial project and the contract documents. All executed change orders shall be incorporated into previously defined deliverables.Seller 40.3 14.3 With respect to any change orders issued in accordance with this Article, the Contractor Seller shall be compensated for work performed under a change order according to the not-to-exceed hourly change order rates specified in the attached Exhibit Apublished EPL. Unless agreed to otherwise in a supplement and/or purchase order, which is incorporated herein. If there is a service that is not defined in the change order rate, the Contractor and the Customer will negotiate the rate. The Contractor Seller agrees that each change order rate shall be a “fully loaded” loaded rate, that is, it includes the cost of all materials, travel expenses, per diem, and all other expenses and incidentals incurred by the Contractor Seller in the performance of the change order. The Contractor Seller shall invoice the Customer Purchaser upon acceptance by the Customer Purchaser of all work documented in the change order, and the Customer Purchaser shall pay invoice amounts on the terms set forth in this Master Agreementthe supplement and/or purchase order. 40.4 14.4 Upon agreement of Seller and the parties Purchaser to enter into a change order, the parties they will execute such a change order setting forth in reasonable detail the work to be performed thereunder, the revisions necessary to the specifications or performance schedules of any affected project work plan, and the estimated negotiated, fixed number of professional services hours that will be necessary to implement the work contemplated thereinwork. The price of the work to be performed under any change order will be determined based upon the change order rate; however, the change order will be issued for a total fixed dollar amount and may not be exceeded regardless of the number of hours actually expended by the Contractor Seller to complete the work required by that change order. It is understood, however, that Seller will not be financially responsible for delays caused directly by Purchaser. The project work plan will be revised as necessarynecessary in accordance with Article 14.6 herein. 40.5 The Contractor 14.5 Seller will include in the progress reports delivered under the projectsupplement and/or purchase order, the status of work performed under all then current change orders. 40.6 14.6 In the event the Contractor Seller and the Customer Purchaser enter into a change order which increases or decreases the time required for the performance of any part of the work under the projectsupplement and/or purchase order, the Contractor Seller shall submit to the Customer Purchaser a revised version of the project work plan, clearly indicating all changes, at least five (5) working days prior to implementing any such changes. 40.7 14.7 The Customer Purchaser shall promptly review all revised project work plans submittedsubmitted under the supplement and/or purchase order, and shall notify the Contractor Seller of its approval or disapproval, in whole or in part, of the proposed revisions, stating with particularity all grounds for any disapproval, within ten (10) working days of receiving the revisions from Seller or within such other time period as may be agreed to by the Contractor unless a longer period of time is mutually agreed uponparties.

Appears in 1 contract

Sources: Master Purchase and Maintenance Agreement

CHANGE ORDER RATE AND PROCEDURE. 40.1 It is understood that the Customer may, at any time by a written order, make changes in the scope of the project. No changes in scope are to be conducted or performed by the Contractor except by the express written approval of the Customer. The Contractor shall be obligated to perform all changes requested by the Customer which have no price or schedule effect. 40.2 The Contractor shall have no obligation to proceed with any change that has a price or schedule effect until the parties have mutually agreed in writing thereto. Neither the Customer nor the Contractor shall be obligated to execute such a change order; and if no such change order is executed, the Contractor shall not be obliged or authorized to perform services beyond the scope of the initial project and the contract documents. All executed change orders shall be incorporated into previously defined deliverables. 40.3 With respect to any change orders issued in accordance with this Article, the Contractor shall be compensated for work performed under a change order according to the hourly change order rates specified in the attached Exhibit A, which is incorporated herein. If there is a service that is not defined in the change order rate, the Contractor and the Customer will negotiate the rate. The Contractor agrees that each change order rate shall be a “fully loaded” rate, that is, it includes the cost of all materials, travel expenses, per diem, and all other expenses and incidentals incurred by the Contractor in the performance of the change order. The Contractor shall invoice the Customer upon acceptance by the Customer of all work documented in the change order, and the Customer shall pay invoice amounts on the terms set forth in this Master Agreement. 40.4 Upon agreement of the parties to enter into a change order, the parties will execute such a change order setting forth in reasonable detail the work to be performed thereunder, the revisions necessary to the specifications or performance schedules of any affected project work plan, and the estimated number of professional services hours that will be necessary to implement the work contemplated therein. The price of the work to be performed under any change order will be determined based upon the change order rate; however, the change order will be issued for a total fixed dollar amount and may not be exceeded regardless of the number of hours actually expended by the Contractor to complete the work required by that change order. The project work plan will be revised as necessary.project 40.5 The Contractor will include in the progress reports delivered under the project, the status of work performed under all then current change orders. 40.6 In the event the Contractor and the Customer enter into a change order which increases or decreases the time required for the performance of any part of the work under the project, the Contractor shall submit to the Customer a revised version of the project work plan, clearly indicating all changes, at least five (5) working days prior to implementing any such changes. 40.7 The Customer shall promptly review all revised project work plans submitted, and shall notify the Contractor of its approval or disapproval, in whole or in part, of the proposed revisions, stating with particularity all grounds for any disapproval, within ten (10) working days of receiving the revisions from the Contractor unless a longer period of time is mutually agreed upon.. ARTICLE 41

Appears in 1 contract

Sources: Master Security Consulting Services Agreement

CHANGE ORDER RATE AND PROCEDURE. 40.1 14.1 It is understood that the Customer Purchaser may, at any time by a written order, make changes in the scope of the projectproject that is the subject of a supplement and/or purchase order. No changes in scope are to be conducted or performed by the Contractor Seller except by the express written approval of the CustomerPurchaser. The Contractor Seller shall be obligated to perform all changes requested by the Customer Purchaser which have no price or schedule effect. 40.2 The Contractor 14.2 Seller shall have no obligation to proceed with any change that has a price or schedule effect until the parties have mutually agreed in writing thereto. Neither the Customer Purchaser nor the Contractor Seller shall be obligated to execute such a change order; and if no such change order is executed, the Contractor Seller shall not be obliged or authorized to perform services beyond the scope of the initial project supplement and/or purchase order and the contract documents. All executed change orders shall be incorporated into previously defined deliverables. 40.3 14.3 With respect to any change orders issued in accordance with this Article, the Contractor Seller shall be compensated for work performed under a change order according to the not-to-exceed hourly change order rates specified in the attached Exhibit Apublished EPL. Unless agreed to otherwise in a supplement and/or purchase order, which is incorporated herein. If there is a service that is not defined in the change order rate, the Contractor and the Customer will negotiate the rate. The Contractor Seller agrees that each change order rate shall be a “fully loaded” loaded rate, that is, it includes the cost of all materials, travel expenses, per diem, and all other expenses and incidentals incurred by the Contractor Seller in the performance of the change order. The Contractor Seller shall invoice the Customer Purchaser upon acceptance by the Customer Purchaser of all work documented in the change order, and the Customer Purchaser shall pay invoice amounts on the terms set forth in this Master Agreementthe supplement and/or purchase order. 40.4 14.4 Upon agreement of Seller and the parties Purchaser to enter into a change order, the parties they will execute such a change order setting forth in reasonable detail the work to be performed thereunder, the revisions necessary to the specifications or performance schedules of any affected project work plan, and the estimated negotiated, fixed number of professional services hours that will be necessary to implement the work contemplated thereinwork. The price of the work to be performed under any change order will be determined based upon the change order rate; however, the change order will be issued for a total fixed dollar amount and may not be exceeded regardless of the number of hours actually expended by the Contractor Seller to complete the work required by that change order. It is understood, however, that Seller will not be financially responsible for delays caused directly by Purchaser. The project work plan will be revised as necessarynecessary in accordance with Article 14.6 herein. 40.5 The Contractor 14.5 Seller will include in the progress reports delivered under the projectsupplement and/or purchase order, the status of work performed under all then current change orders. 40.6 14.6 In the event the Contractor Seller and the Customer Purchaser enter into a change order which increases or decreases the time required for the performance of any part of the work under the projectsupplement and/or purchase order, the Contractor Seller shall submit to the Customer Purchaser a revised version of the project work plan, clearly indicating all changes, at least five (5) working days prior to implementing any such changes. 40.7 14.7 The Customer Purchaser shall promptly review all revised project work plans submittedsubmitted under the supplement and/or purchase order, and shall notify the Contractor Seller of its approval or disapproval, in whole or in part, of the proposed revisions, stating with particularity all grounds for any disapproval, within ten (10) working days of receiving the revisions from Seller or within such other time period as may be agreed to by the Contractor unless a longer period of time is mutually agreed uponparties.

Appears in 1 contract

Sources: Master Purchase and Maintenance Agreement