Change Procedures. (a) ACSD will notify and consult with Cubist immediately concerning any potential delay in completion or validation of the Facility. ACSD acknowledges that time is of the essence for this Agreement, and that significant delays in the completion of the Facility may cause Cubist material harm. Cubist and ACSD will, from time to time during the construction process, confer regarding the quality standards for materials and layout of operations within the Facility. [*]. Cubist may request amendments to the building, equipment, or Process to: (i) effect [*] in the Facility, (ii) to [*], or (iii) to accommodate [*]. (b) If Cubist wishes to make a change it shall notify ACSD of the requested change in writing, specifying the change with sufficient details to [*] (each, a Change Order Request). Within [*] business days following the date of ACSD’s receipt of a Change Order Request, ACSD shall deliver a document that: (i) assesses the impact of the change on the total cost of the Timetable and Facility Construction Plan, and (ii) incorporates a description of the requested change and its proposed cost (a Change Order). If Cubist accepts the Change Order in writing, then the provisions of this Agreement shall be deemed amended to incorporate such Change Order. The cost stated in the Change Order shall be deemed an adjustment to the charges specified in this Agreement. It is the expectation of both parties that the dates and milestones set forth in this Agreement has been defined broadly enough to accomplish both parties’ goals and that no Change Orders will be required.
Appears in 2 contracts
Sources: Manufacturing Agreement (Cubist Pharmaceuticals Inc), Manufacturing and Supply Agreement (Cubist Pharmaceuticals Inc)
Change Procedures. (a) ACSD will notify and consult with Cubist immediately concerning any potential delay in completion or validation of the Facility. ACSD acknowledges that time is of the essence for this Agreement, and that significant delays in the completion of the Facility may cause Cubist material harm. Cubist and ACSD will, from time to time during the construction process, confer regarding the quality standards for materials and layout of operations within the Facility. [*[ * ]. Cubist may request amendments to the building, equipment, or Process to:
(i) effect [*[ * ] in the Facility,
(ii) to [*[ * ], or
(iii) to accommodate [*[ * ].
(b) If Cubist wishes to make a change it shall notify ACSD of the requested change in writing, specifying the change with sufficient details to [*[ * ] (each, a Change Order RequestCHANGE ORDER REQUEST). Within [*[ * ] business days following the date of ACSD’s 's receipt of a Change Order Request, ACSD shall deliver a document that:
(i) assesses the impact of the change on the total cost of the Timetable and Facility Construction Plan, and
(ii) incorporates a description of the requested change and its proposed cost (a Change OrderCHANGE ORDER). If Cubist accepts the Change Order in writing, then the provisions of this Agreement shall be deemed amended to incorporate such Change Order. The cost stated in the Change Order shall be deemed an adjustment to the charges specified in this Agreement. It is the expectation of both parties that the dates and milestones set forth in this Agreement has been defined broadly enough to accomplish both parties’ ' goals and that no Change Orders will be required.
Appears in 1 contract
Sources: Manufacturing Agreement (Cubist Pharmaceuticals Inc)