Common use of CHANGES AND CHANGE ORDERS Clause in Contracts

CHANGES AND CHANGE ORDERS. The Subcontractor may be asked by BluSky, without invalidating the Agreement, to make changes in the Work within the general scope of this Agreement consisting of additions, deletions or other revisions to the Work on a Project. Subcontractor, prior to the commencement of such changed or revised Work, shall promptly submit to BluSky any Proposed Change Order for adjustment to the scope, price, or performance Schedule because of such changed or revised Work. All Change Orders shall be in writing, signed and authorized by BluSky, and no additional Work shall be performed by Subcontractor that is not provided under this Agreement without a written and executed Change Order, signed by both the Subcontractor and BluSky. This requirement of a writing shall not be modified by the application of the “course of performance” doctrine. The Parties agree the U.C.C. shall not apply to this Agreement, but only to the extent it modifies any express term of the Agreement or Purchase Order. Subcontractor shall incur all cost associated for such additional Work that was performed without a written and executed Change Order. Subcontractor also hereby acknowledges and agrees that the limit of its claims and recovery against BluSky arising hereunder and/or for Work performed for BluSky is limited to the agreed upon contract price (as modified by written change orders signed by BluSky) and that any other actual, consequential, special, incidental, exemplary or other damages are not recoverable and are waived.

Appears in 2 contracts

Samples: Master Subcontractor Agreement, Master Subcontractor Agreement

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CHANGES AND CHANGE ORDERS. The Subcontractor may be asked by BluSkyXxxXxx, without invalidating the Subcontractor Agreement, to make changes in the Work within the general scope of this Agreement Subcontract consisting of additions, deletions or other revisions to the Work on a ProjectWork. Subcontractor, prior to the commencement of such changed or revised Work, shall promptly submit to BluSky any Proposed Change Order for adjustment to the scope, price, Subcontract Agreement or performance Schedule because of such changed or revised Work. All Change Orders shall be in writing, signed and authorized by BluSky, XxxXxx and no additional Work work shall be performed by Subcontractor that is not provided under this Agreement without a written and executed Change Order, signed by both the Subcontractor and BluSky. This requirement of a writing shall not be modified by the application of the “course of performance” doctrine. The Parties agree the U.C.C. shall not apply to this Subcontract Agreement, but only to the extent it modifies any express term of the Agreement or Purchase Order. Subcontractor shall incur all cost associated for such additional Work work that was performed without a written and executed Change Order. Subcontractor also hereby acknowledges and agrees that the limit of its claims and recovery against BluSky arising hereunder and/or for Work work performed for BluSky is limited to the agreed upon contract price (as modified by written change orders signed by BluSkyXxxXxx) and that any other actual, consequential, special, incidental, exemplary or other damages are not recoverable and are waived.

Appears in 1 contract

Samples: Subcontract Agreement

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CHANGES AND CHANGE ORDERS. The Subcontractor may be asked by BluSky, without invalidating the Subcontractor Agreement, to make changes in the Work within the general scope of this Agreement Subcontract consisting of additions, deletions or other revisions to the Work on a ProjectWork. Subcontractor, prior to the commencement of such changed or revised Work, shall promptly submit to BluSky any Proposed Change Order for adjustment to the scope, price, Subcontract Agreement or performance Schedule because of such changed or revised Work. All Change Orders shall be in writing, signed and authorized by BluSky, BluSky and no additional Work work shall be performed by Subcontractor that is not provided under this Agreement without a written and executed Change Order, signed by both the Subcontractor and BluSky. This requirement of a writing shall not be modified by the application of the “course of performance” doctrine. The Parties agree the U.C.C. shall not apply to this Subcontract Agreement, but only to the extent it modifies any express term of the Agreement or Purchase Order. Subcontractor shall incur all cost associated for such additional Work work that was performed without a written and executed Change Order. Subcontractor also hereby acknowledges and agrees that the limit of its claims and recovery against BluSky arising hereunder and/or for Work work performed for BluSky is limited to the agreed upon contract price (as modified by written change orders signed by BluSky) and that any other actual, consequential, special, incidental, exemplary or other damages are not recoverable and are waived.

Appears in 1 contract

Samples: Subcontract Agreement

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