Changes Force Majeure and Owner Caused Delay Clause Samples

Changes Force Majeure and Owner Caused Delay. 6.1 Change Orders Requested by Owner. Owner shall be entitled to a Change Order upon request in accordance with this Section 6.1. 6.1.1. If Owner submits to Contractor in writing a duly signed proposed Change Order, Contractor must respond to Owner within ten (10) Business Days with a written statement setting forth the effect, if any, which such proposed Change Order would have on the Guaranteed Maximum Price, the Design Basis, the Guaranteed Substantial Completion Date or Guaranteed Final Completion Date or any other obligation or potential liability of Contractor hereunder (collectively or individually, the “Changed Criteria”). The written statement shall be in the form of Schedule D-3, and shall include all information required by Section 6.5.2. 6.1.2. If the Parties agree on such Changed Criteria of the proposed Change Order (or modify such Change Order so that the Parties agree on such Changed Criteria), the Parties shall execute such Change Order, which shall be in the form of Schedule D-1 and such Change Order shall become binding on the Parties, as part of this Agreement. An adjustment to the Guaranteed Maximum Price, if any, resulting from Owner’s proposed Change Order, unless otherwise agreed between the Parties, shall be an increase by an amount equal to Contractor’s reasonable and documented additional costs, net of any cost savings or, to the extent that the cost savings are greater than the additional costs associated with effecting Owner’s proposed Change Order, a decrease by an amount equal to Contractor’s net cost savings associated with effecting Owner’s proposed Change Order. 6.1.3. If the Parties cannot agree on such Changed Criteria of the proposed Change Order within ten (10) Business Days of Contractor’s receipt of Owner’s proposed Change Order, or if Owner desires that the proposed changed Work set forth in the proposed Change Order commence immediately without the requirement of a written statement by Contractor as required under Section 6.1.1, Owner may, by issuance of a unilateral Change Order in the form attached hereto as Schedule D-2, require Contractor to commence and perform the changed Work specified in the unilateral Change Order, on a time and materials basis using the rates set forth in Attachment C, with the effect of such unilateral Change Order on the Changed Criteria (or if the Parties agree on the effect of such unilateral Change Order for some but not all of the Changed Criteria, the impact of each of the componen...