Common use of CHANGES AND ADDITIONAL WORK Clause in Contracts

CHANGES AND ADDITIONAL WORK. (a) Buyer shall have the right, at any time or times, to request that reasonable change or changes be made in any of the Specifications, and Buyer shall issue to Seller a written change order to be executed by Buyer and Seller; provided, however, if such requested change or changes in the aggregate would materially increase the overall scope of work so as to adversely impact Seller's other work or commitments or if LeTour▇▇▇▇ ▇▇▇▇▇es to agree to any requested change with respect to the Package or the Equipment or if Seller and Buyer cannot reach agreement as to a lump sum price or credit or change in the Scheduled Delivery Date or other terms and conditions of this Agreement or the Specifications, Seller shall have no obligation to Buyer to perform same. If any change necessitates an increase or decrease in the quantity or quality of the materials or the nature of the labor to be furnished by Seller for the Platform, then the Contract Price shall be increased or decreased on a lump sum basis in accordance with the mutual agreement of the parties. Seller shall be entitled to make minor changes to the Specifications, if found necessary, for the introduction of improved production methods or otherwise, subject to Buyer's approval not to be unreasonably withheld. (b) If any such change will prolong the time for completion of the Platform, the Scheduled Delivery Date provided hereunder shall be extended accordingly. (c) Seller and Buyer recognize that the Contract Price set forth hereinabove is based upon the scope of work for the platform designated as Seller's Yard No. P178 and that the license agreement from LeTour▇▇▇▇ ▇▇ ▇▇ecifically limited to the LeTour▇▇▇▇ ▇▇▇▇▇ 116 design. Accordingly, the parties agree that the Platform will be built as a Super 116 and that the Specifications will be amended and changed to accommodate same at such time as LeTour▇▇▇▇ ▇▇▇▇▇ies the drawings and other information for the Super 116 design and that this change will be reflected as Change Order No.

CHANGES AND ADDITIONAL WORK. 9.1 In any case where, after the signing of this Agreement, the Principal requests the Contractor to make any changes in the Work and/or to perform any additional work and/or to provide any additional equipment, the Principal will inform the Contractor in writing of the intention and/or the necessity to do so (aa “Proposed Deviation”). Changes in the Work resulting from the Contractor encountering conditions at the Site that are subsurface or otherwise concealed physical conditions that differ materially from (i) Buyer representations made by the Principal in this Agreement and/or (ii) those indicated in the reports attached to this Agreement shall have be considered as changes to be addressed in this Article 9. 9.2 Upon receipt of a Proposed Deviation, and as soon as practically possible, the rightContractor shall prepare and submit to the Principal: (i) a description of the works required in order to implement the Proposed Change Order; (ii) the Contractor’s proposals for any necessary modifications to the specifications documents and the Workflow Plan, at any time if any, or times, to request that reasonable change or changes be made in any of the Specifications, Contractor’s obligations under this Agreement; and Buyer shall issue to Seller a written change order to be executed by Buyer and Seller; provided, however, (iii) if such requested change or changes the Contractor is of the view that the Proposed Deviation will result in the aggregate would materially increase the overall scope of work so as to adversely impact Seller's other work or commitments or if LeTour▇▇▇▇ ▇▇▇▇▇es to agree to any requested change with respect to the Package or the Equipment or if Seller and Buyer cannot reach agreement as to a lump sum price or credit or change in the Scheduled Delivery Date or other terms and conditions of this Agreement or the Specifications, Seller shall have no obligation to Buyer to perform same. If any change necessitates an increase or decrease in the quantity Contract Price, its proposed adjustment to the Contract Price, payment schedule and the extended Workflow Plan (the “Proposed Change Order”). 9.3 The Principal may approve the Proposed Change Order in its sole discretion by providing the Contractor with a signed version thereof (a “Change Order”), and the Contractor shall be bound to carry out the Change Order as if the provisions of such had been incorporated into this Agreement. All changes resulting from the Change Order, with respect to any adjustment to the Contract Price, the Workflow plan, the penalties, Substantial Completion Date, or quality passing the Performance Test shall be adjusted accordingly 9.4 The price of any changed or additional work within the materials scope of this Article 9 shall be on a lump-sum fixed price agreed upon by the Parties in writing; provided that, if the Parties are unable to agree on a fixed price for such changed or the nature of the labor additional work and Lender consents in writing to be furnished by Seller a cost plus arrangement with respect to such changed or additional work or Principal arranges payment for the Platformsuch changed or additional work from sources other than Lender, then the Contract Price Contractor shall be increased or decreased perform such work on a lump sum direct cost-plus fifteen percent (15%) basis in accordance with the mutual agreement of the parties. Seller shall be entitled to make minor changes to the Specifications, if found necessary, for the introduction of improved production methods or otherwise, subject to Buyer's approval not to be unreasonably withheldthereon. (b) If any such change will prolong the time for completion of the Platform, the Scheduled Delivery Date provided hereunder shall be extended accordingly. (c) Seller and Buyer recognize that the Contract Price set forth hereinabove is based upon the scope of work for the platform designated as Seller's Yard No. P178 and that the license agreement from LeTour▇▇▇▇ ▇▇ ▇▇ecifically limited to the LeTour▇▇▇▇ ▇▇▇▇▇ 116 design. Accordingly, the parties agree that the Platform will be built as a Super 116 and that the Specifications will be amended and changed to accommodate same at such time as LeTour▇▇▇▇ ▇▇▇▇▇ies the drawings and other information for the Super 116 design and that this change will be reflected as Change Order No.

CHANGES AND ADDITIONAL WORK. (a) Buyer shall have the right, at any time or times, to request that reasonable change or changes be made in any of the Specifications, and Buyer shall issue to Seller a written change order to be executed by Buyer and Seller; provided, however, if such requested change or changes in the aggregate would materially increase the overall scope of work so as to adversely impact Seller's other work or commitments or if LeTour▇▇▇▇ ▇▇▇▇▇es ▇▇▇▇▇ refuses to agree to any requested change with respect to the Package or the Equipment or if Seller and Buyer cannot reach agreement as to a lump sum price or credit or change in the Scheduled Delivery Date or other terms and conditions of this Agreement or the Specifications, Seller shall have no obligation to Buyer to perform same. If any change necessitates an increase or decrease in the quantity or quality of the materials or the nature of the labor to be furnished by Seller for the Platform, then the Contract Price shall be increased or decreased on a lump sum basis in accordance with the mutual agreement of the parties. Seller shall be entitled to make minor changes to the Specifications, if found necessary, for the introduction of improved production methods or otherwise, subject to Buyer's approval not to be unreasonably withheld. (b) If any such change will prolong the time for completion of the Platform, the Scheduled Delivery Date provided hereunder shall be extended accordingly. (c) Seller and Buyer recognize that the Contract Price set forth hereinabove is based upon the scope of work for the platform designated as Seller's Yard No. P178 and that the license agreement from LeTour▇▇▇▇ ▇▇ ▇▇ecifically limited to the LeTour▇▇▇▇ ▇▇▇▇▇ is specifically limited to the ▇▇▇▇▇▇▇▇▇▇ Super 116 design. Accordingly, the parties agree that the Platform will be built as a Super 116 and that the Specifications will be amended and changed to accommodate same at such time as LeTour▇▇▇▇ ▇▇▇▇▇ies ▇▇▇▇▇ supplies the drawings and other information for the Super 116 design and that this change will be reflected as Change Order No.