Change Request Process. Any Party may request changes in a Specification or a Statement of Work during a Project. Without undue delay upon receipt of such a request from a Customer, or concurrent with its own request, Contractor shall evaluate the requested changes and inform Customers of the effects associated with such changes, including the effects on non-recurring engineering costs, prices and the applicable Milestone Plan schedule and to Contractor’s best knowledge at the time of change request any third party Intellectual Property licenses that are required as a result of the change. If the changes requested by the Customer are technically unfeasible or technically or commercially unreasonable for Contractor, then Contractor shall reasonably substantiate this unfeasibility or unreasonableness and may decline the change; otherwise, the Parties shall negotiate in good faith to find a mutually acceptable solution to implement the changes, agree on the non-recurring engineering costs therefore and amend the respective Exhibit Set accordingly. Any amendment of the Milestone Plan proposed by Contractor for the implementation of the change shall be in accordance with additional time periods reasonably necessary for Contractor to implement the change and any amendment to the non-recurring engineering costs and price proposed by Contractor shall be consistent with Contractor’s pricing as applied to similar Services and/or Deliverables under the original Project unless a need for a different pricing due to change in Contractor’s cost basis is reasonably substantiated by Contractor.
Appears in 2 contracts
Sources: Contract for Design and Development (Terrestar Corp), Contract for Design and Development (Skyterra Communications Inc)