Common use of CHANGED CONDITION Clause in Contracts

CHANGED CONDITION. 10.01 If a Changed Condition occurs during the course of the Work, the following applies: (a) The Parties shall immediately advise each other of particulars of the Changed Condition and the Contractor Representative and CoastalNRM Representative shall meet to attempt to deal with the condition. (b) If the Changed Condition is so substantial that amending the Agreement to deal with the change would change the essential nature of the Work, then either Party may elect not to proceed with the Work any further and the contract shall be brought to an end. If either Party so elects, the following shall apply: (i) The Contractor shall be entitled to receive payment for any Work which the Contractor has satisfactorily completed; (ii) If the payment under (i) is for 90% or greater of the original total volume of Work the Contractor shall be entitled to no additional payments; (iii) If the payment under (i) is for less than 90% of the original total volume of Work the Contractor shall be entitled to an additional payment calculated as 15% of the Shortfall that is less than 90% of the original volume of Work multiplied by the average price per unit as shown in the following equation: 0.15 x (0.90 x [original volume of Work] minus [volume of Work completed]) x (average price per unit).

CHANGED CONDITION. 10.01 If a Changed Condition occurs during the course of the Work, the following applies: (a) The Parties shall immediately advise each other of particulars of the Changed Condition and the Contractor Representative and CoastalNRM the Chinook Representative shall meet to attempt to deal with the condition. (b) If the Changed Condition is so substantial that amending the Agreement to deal with the change would change the essential nature of the Work, then either Party may elect not to proceed with the Work any further and the contract shall be brought to an end. If either Party so elects, the following shall apply: (i) The Contractor shall be entitled to receive payment for any Work which the Contractor has satisfactorily completed; (ii) If the payment under (i) is for 90% or greater of the original total volume of Work the Contractor shall be entitled to no additional payments; (iii) If the payment under (i) is for less than 90% of the original total volume of Work the Contractor shall be entitled to an additional payment calculated as 15% of the Shortfall that is less than 90% of the original volume of Work multiplied by the average price per unit as shown in the following equation: 0.15 x (0.90 x [original volume of Work] minus [volume of Work completed]) x (average price per unit).

CHANGED CONDITION. 10.01 If a Changed Condition occurs during the course of the Work, the following applies: (a) The Parties shall immediately advise each other of particulars of the Changed Condition and the Contractor Representative Representative, and CoastalNRM the Ministry Representative shall meet to attempt to deal with the condition. (b) If the Changed Condition is so substantial that amending the Agreement to deal with the change would change the essential nature of the Work, then either Party may elect not to proceed with the Work any further and the contract shall be brought to an end. If either Party so elects, the following shall apply: (i) The Contractor shall be entitled to receive payment for any Work which the Contractor has satisfactorily completed; (ii) If the payment under (i) is for 90% or greater of the original total volume of Work the Contractor shall be entitled to no additional payments; (iii) If the payment under (i) is for less than 90% of the original total volume of Work the Contractor shall be entitled to an additional payment calculated as 15% of the Shortfall that is less than 90% of the original volume of Work multiplied by the average price per unit as shown in the following equation: 0.15 x (0.90 x [original volume of Work] minus [volume of Work completed]) x (average price per unit).