Changes in Basic Configuration Clause Samples
The "Changes in Basic Configuration" clause defines the process and conditions under which modifications to the fundamental setup or structure of a product, system, or service may be made during the term of an agreement. Typically, this clause outlines who has the authority to request or approve such changes, the procedures for documenting and implementing them, and any limitations or requirements for notification. For example, it may specify that any alterations to core system components or key service parameters must be mutually agreed upon in writing. The core function of this clause is to ensure that both parties maintain control and clarity over significant changes, thereby preventing misunderstandings and managing the risks associated with altering essential aspects of the agreement.
Changes in Basic Configuration. 2.1.3.1 DB Contractor shall not make any material change in the Basic Configuration of the Project, except as approved by TxDOT and authorized by a Change Order in accordance with Section 13, and subject to the limitations contained in Section 6.10. A Change Order is required regardless of the reason underlying the change and regardless of whether the change increases, decreases or has no effect on DB Contractor’s costs.
2.1.3.2 DB Contractor shall be responsible for any cost increases and/or delays which affect the duration of a Critical Path resulting from changes in requirements and obligations of DB Contractor relating to the Project due to inaccuracies in the Concept Plan. Notwithstanding the foregoing, DB Contractor shall be entitled to a Change Order to account for any additional costs incurred as a result of required modifications to the USACE Individual Permits due to, Hazardous Materials management on and additional Utility Adjustment Work on Additional Properties required due to a Necessary Basic Configuration Change to the extent set forth in Section 13.8.6. Further, any right, title or interest in real property DB Contractor must acquire as a result of such Necessary Basic Configuration Change shall be considered Additional Properties, and TxDOT shall be responsible for the purchase price, as well as any relocation assistance and title insurance, therefor. Any other changes in the Basic Configuration, including Basic Configuration changes due to an Error in the Concept Plan that do not require the acquisition of Additional Properties, shall be the responsibility of DB Contractor with the exception of a TxDOT-Directed Change involving more than $10,000 in additional direct costs or involving a delay to a Critical Path.
2.1.3.3 No Change Order shall be required for any non-material changes in the Basic Configuration which have been approved by TxDOT in the design approval process, unless DB Contractor claims that it is entitled to an increase in the Price or extension of any Completion Deadline(s) in connection with a proposed change in accordance with Section 13. DB Contractor acknowledges and agrees that constraints set forth in the TxDOT-Provided Approvals, TxDOT Standard Specification and other Contract Documents, as well as site conditions and the Concept Plan, will impact DB Contractor’s ability to make non-material changes in the Basic Configuration.
Changes in Basic Configuration. 2.1.3.1. If a VE results in a material change in Basic Configuration of the Project, any cost savings from such VE shall be shared in accordance with Section 22.
2.1.3.2. DB Contractor shall not make any material change in the Basic Configuration of the Project, except as approved by TxDOT and authorized by a Change Order in accordance with Section 13, and subject to the limitations contained in Section
Changes in Basic Configuration. 2 6.3.1 Developer shall not make any change in the Basic Configuration of the
Changes in Basic Configuration. 2.1.3.1 Any material change in the Basic Configuration must be approved by TxDOT and authorized by a Change Order in accordance with Section 13 and subject to the limitations contained in Section 6.10. A Change Order is required regardless of the reason underlying the change and regardless of whether the change increases, decreases or has no effect on DB Contractor’s costs. For the avoidance of doubt, any VE and any DB Contractor request for an increase in the Price or an extension of a Completion Deadline in connection with a change to the Basic Configuration constitutes a material change.
2.1.3.2 DB Contractor shall be responsible for any cost increases or delays due to inaccuracies or Errors in the TxDOT Schematic Design, except where such inaccuracies or Errors result in a Necessary Basic Configuration Change in accordance with the requirements and limitations set forth in Section 13. Any other changes in the Basic Configuration, including any change due to an Error in the TxDOT Schematic Design that does not result in a Necessary Basic Configuration Change, shall be the responsibility of DB Contractor, with the exception of a TxDOT-Directed Change involving more than $10,000 in additional direct costs or involving a delay to a Critical Path and subject to the limitations set forth in this Agreement, including Section 13.
2.1.3.3 No Change Order shall be required for any non- material changes in the Basic Configuration that (a) have been approved by TxDOT,
Changes in Basic Configuration. 2.1.3.1 If, as the result of an Error in the Schematic Design, it becomes apparent that the Basic Configuration of the Project must be materially modified, such modification shall be considered a Necessary Basic Configuration Change and shall be eligible for a Change Order as provided in Section 13.8.
2.1.3.2 If a VE results in a change in Basic Configuration, any cost savings from such VE shall be shared in accordance with Section 22.
2.1.3.3 Developer shall not make any change in the Basic Configuration except as approved by TxDOT and authorized by a Change Order in accordance with Section 13, and subject to the limitations contained in Section 6.10. A Change Order is required regardless of the reason underlying the change and regardless of whether the change increases, decreases or has no effect on Developer’s costs or schedule.
2.1.3.4 Except for a TxDOT-Directed Change (including a Necessary Basic Configuration Change) involving more than $5,000 in additional direct costs or involving a delay to a Critical Path, Developer shall not be entitled to an adjustment in the Price or a Completion Deadline or any other relief for any changes in the Basic Configuration.
Changes in Basic Configuration. 4 6.3.1 Developer shall not make any change in the Basic Configuration of the 5 Project, except as approved by ADOT in its sole discretion and authorized by ▇ 6 Supplemental Agreement in accordance with Article 15. A Supplemental Agreement is 7 required regardless of the reason underlying the change and regardless of whether the 8 change increases, decreases or has no effect on Developer’s costs.
Changes in Basic Configuration. 2.1.3.1 If, as the result of an Error in the Schematic Design pertaining to Configuration 1, Configuration 2 or Configuration 3, it becomes apparent that the Basic Configuration of Configuration 1, Configuration 2 or Configuration 3, as applicable, must be materially modified, such modification shall be considered a Necessary Basic Configuration Change and shall be eligible for a Change Order as provided in Section 13.8.
2.1.3.2 If a VE results in a change in Basic Configuration of Configuration 1, Configuration 2 or Configuration 3, any cost savings from such VE shall be shared in accordance with Section 22.
2.1.3.3 Developer shall not make any change in the Basic Configuration of Configuration 1, Configuration 2 or Configuration 3, except as approved by TxDOT and authorized by a Change Order in accordance with Section 13, and subject to the limitations contained in Section 6.10. A Change Order is required regardless of the reason underlying the change and regardless of whether the change increases, decreases or has no effect on Developer’s costs or schedule.
2.1.3.4 Except for a TxDOT-Directed Change (including a Necessary Basic Configuration Change) involving more than $5,000 in additional direct costs or involving a delay to a Critical Path, Developer shall not be entitled to an adjustment in the Price or a Completion Deadline or any other relief for any changes in the Basic Configuration of Configuration 1, Configuration 2 or Configuration 3.
Changes in Basic Configuration. 2.1.3.1 Where Owner Design Documents are provided by TxDOT for a Project Segment, if, as the result of an Error in the Owner Design Documents, it becomes apparent that such Basic Configuration must be materially modified, such modification shall be considered a Necessary Basic Configuration Change and shall be eligible for a Change Order as provided in Section 13.8.
2.1.3.2 If a VE results in a change in a Basic Configuration, any cost savings from such VE shall be shared in accordance with Section 22.
2.1.3.3 Integrator shall not make any change in a Basic Configuration except as approved by TxDOT and authorized by a Change Order in accordance with Section 13, and subject to the limitations contained in Section 6.4. A Change Order is required regardless of the reason underlying the change and regardless of whether the change increases, decreases or has no effect on Integrator’s costs or schedule.
2.1.3.4 Except for a TxDOT-Directed Change (including a Necessary Basic Configuration Change) that does not fall within Integrator’s responsibilities under Section 13.2.3 or involving a delay to a Critical Path, any changes in a Basic Configuration shall be the responsibility of Integrator.
Changes in Basic Configuration. 4.3.1 Design/Builder shall not make any material change in the Basic Configuration except as approved by the Alamo RMA and authorized by a Change Order. Except as set forth in Section 4.3.3, a Change Order is required regardless of the reason underlying the change and regardless of whether the change increases, decreases or has no effect on Design/Builder’s costs. Any such Change Order shall be subject to the conditions and requirements contained in this Section 4.3, as well as the conditions and requirements which are generally applicable to Change Orders in Section 14 and subject to the limitations contained in Section 7.6.
4.3.2 Design/Builder shall be responsible for any cost increases and/or delays which affect the duration of a Critical Path activity resulting from changes in requirements and obligations of Design/Builder relating to the Project due to inaccuracies in the Schematic Plan or the Existing Design Plans. Any changes in the Basic Configuration shall be the responsibility of Design/Builder with the exception of an Alamo RMA-Directed Change involving additional Direct Costs or a delay to a Critical Path.
4.3.3 No Change Order shall be required for any non-material changes in the Basic Configuration which have been approved by the Alamo RMA, in writing, in the design approval process. Design/Builder acknowledges and agrees that constraints set forth in the Alamo RMA- Provided Approvals, TxDOT Standards and Specifications and other Contract Documents, as well as site conditions and the Schematic Plan, will impact Design/Builder’s ability to make changes in the Basic Configuration.
Changes in Basic Configuration. 2.1.3.1 If a VE results in a material change in Basic Configuration of the Project, any cost savings from such VE shall be shared in accordance with Section 22.
2.1.3.2 Developer shall not make any material change in the Basic Configuration of the Project, except as approved by TxDOT and authorized by a Change Order in accordance with Section 13, and subject to the limitations contained in Section 6.10. A Change Order is required regardless of the reason underlying the change and regardless of whether the change increases, decreases or has no effect on Developer’s costs.
2.1.3.3 Developer shall be responsible for any cost increases and/or delays which affect the duration of a Critical Path resulting from changes in requirements and obligations of Developer relating to the Project due to inaccuracies in the Schematic Design. Any changes in the Basic Configuration shall be the responsibility of Developer with the exception of a TxDOT-Directed Change involving more than $10,000 in additional direct costs or involving a delay to a Critical Path.
2.1.3.4 No Change Order shall be required for any non-material changes in the Basic Configuration which have been approved by TxDOT in the design approval process, unless Developer claims that it is entitled to an increase in the Price or extension of any Completion Deadline(s) in connection with a proposed change in accordance with Section 13 or unless the proposed change constitutes a VE pursuant to Section 22. Developer acknowledges and agrees that constraints set forth in the TxDOT- Provided Approvals, TxDOT Standards and other Contract Documents, as well as site conditions and the Schematic Design, will impact Developer’s ability to make non-material changes in the Basic Configuration.