Common use of CHANGES IN CONTRACT Clause in Contracts

CHANGES IN CONTRACT. 5.1 The Purchaser shall have the right at any time to make changes in the design and/or the specifications of any or all of the Products or part thereof, delivery terms, scope or other provisions of the Contract, by means of a written notice to the Supplier. If in the Supplier’s reasonable opinion such changes affect the cost or time required for performance of the Goods and Services or any other provision(s) of the Contract, the Supplier shall notify the Purchaser promptly in writing, but in no event later than ten (10) days after the receipt of the Purchaser’s notice, including appropriate substantiation regarding the claimed impact of the change. Subject to the Supplier’s notification in accordance with the foregoing, if and to the extent that the changes requested by the Purchaser reasonably justify in the circumstances an adjustment of the price, delivery schedule and/or other provision of the Contract, then an equitable adjustment will be made by the Purchaser (“Change Order”). The Purchaser has the right to instruct the Supplier to commence the changes prior to having finalised the adjustment to the Change Order. In the absence of a notification by the Supplier in accordancewith this Article5.1, the Supplier shall be deemed tohavewaived its rights for an adjustment and shall carry out the change, and the Purchaser shall be entitled to assume that such changewill nothave any impacton anymaterial term of the Contract, including time schedule, warranties and price.

Appears in 31 contracts

Samples: www.alstom.com, www.alstom.com, www.alstom.com

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CHANGES IN CONTRACT. 5.1 The Purchaser shall have the right at any time to make changes in the design and/or the specifications of any or all of the Products Goods and/or Service or part thereof, delivery terms, scope or other provisions of the Contract, by means of a written notice to the Supplier. If in the Supplier’s reasonable opinion such changes affect the cost or time required for performance of the Goods and Services or any other provision(s) of the Contract, the Supplier shall notify the Purchaser promptly in writing, but in no event later than ten (10) days after the receipt of the Purchaser’s notice, including appropriate substantiation regarding the claimed impact of the change. Subject to the Supplier’s notification in accordance with the foregoing, if and to the extent that the changes requested by the Purchaser reasonably justify in the circumstances an adjustment of the price, delivery schedule and/or scheduleand/or other provision of provisionof the Contract, then an equitable adjustment will be made adjustmentwill bemade by the Purchaser (“Change Order”). The Purchaser has the right to instruct the Supplier to commence the changes prior to having finalised the adjustment to the Change Order. In the absence of a notification anotification by the Supplier in accordancewith accordance with this Article5.1Article 5.1, the Supplier shall be deemed tohavewaived its to have waivedits rights for an adjustment and adjustmentand shall carry out the change, and the Purchaser shall be entitled to assume that such changewill nothave change will not have any impacton anymaterial impact on any material term of the Contract, including time schedule, warranties and price.

Appears in 4 contracts

Samples: www.alstom.com, www.alstom.com, www.alstom.com

CHANGES IN CONTRACT. 5.1 The Purchaser shall have the right at any time to make changes in the design and/or the specifications of any or all of the Products or part thereof, delivery terms, scope or other provisions of the Contract, by means of a written notice to the Supplier. If in the Supplier’s reasonable opinion such changes affect the cost or time required for performance of the Goods and Services or any other provision(s) of the Contract, the Supplier shall notify the Purchaser promptly in writing, but in no event later than ten (10) days after the receipt of the Purchaser’s notice, including appropriate substantiation regarding the claimed impact of the change. Subject to the Supplier’s notification in accordance with the foregoing, if and to the extent that the changes requested by the Purchaser reasonably justify warrant in the circumstances an adjustment of the price, delivery schedule and/or other provision of the Contract, then an equitable adjustment will be made by the Purchaser (“Change Order”). The Purchaser has the right to instruct the Supplier to commence the changes prior to having finalised the adjustment to the Change Order. Supplier’s failure to commence performance of any Change Order, when so directed in writing by the Purchaser, whether or not all terms of the Change Order have been agreed upon, shall be deemed a material breach. In the absence of a notification by the Supplier in accordancewith accordance with this Article5.1Article 5.1, the Supplier shall be deemed tohavewaived tohave waived its rights for an adjustment and adjustmentand shall carry out the change, and the Purchaser shall be entitled to assume that such changewill nothave change will not have any impacton anymaterial impact on any material term of the Contract, including time schedule, warranties and price.

Appears in 4 contracts

Samples: www.alstom.com, www.alstom.com, www.alstom.com

CHANGES IN CONTRACT. 5.1 The Purchaser shall have the right at any time to make changes in the design and/or the specifications of any or all of the Products Goods and/or Services or part thereof, delivery terms, scope or other provisions of the Contract, by means of a written notice to the Supplier. If in the Supplier’s reasonable opinion such changes affect the cost or time required for performance of the Goods and Services or any other provision(s) of the Contract, the Supplier shall notify the Purchaser promptly in writing, but in no event later than ten (10) days after the receipt of the Purchaser’s notice, including appropriate substantiation regarding the claimed impact of the change. Subject to the Supplier’s notification in accordance with the foregoing, if and to the extent that the changes requested by the Purchaser reasonably justify in the circumstances an adjustment of the price, delivery schedule and/or scheduleand/or other provision of the Contract, then an equitable adjustment will be made adjustmentwill bemade by the Purchaser (“Change Order”). The Purchaser has the right to instruct the Supplier to commence the changes prior to having finalised the adjustment to the Change Order. In the absence of a notification anotification by the Supplier in accordancewith accordance with this Article5.1Article 5.1, the Supplier shall be deemed tohavewaived its to have waivedits rights for an adjustment and adjustmentand shall carry out the change, and the Purchaser shall be entitled to assume that such changewill nothave change will not have any impacton anymaterial impact on any material term of the Contract, including time schedule, warranties and price.

Appears in 4 contracts

Samples: www.alstom.com, www.alstom.com, www.alstom.com

CHANGES IN CONTRACT. 5.1 The Purchaser shall have the right at any time to make changes in the design and/or the specifications of any or all of the Products or part thereof, delivery terms, scope or other provisions of the Contract, by means of a written notice to the Supplier. If in the Supplier’s reasonable opinion reasonableopinion such changes affect the cost or time required for performance of the changesaffectthecostor timerequiredforperformanceofthe Goods and Services or any other provision(s) of the Contract, the Supplier shall notify the Purchaser promptly in writinginwriting, but in no event later butinnoeventlater than ten (10) days after daysafter the receipt of receiptof the Purchaser’s notice, including appropriate substantiation regarding the claimed impact of the change. Subject to the Supplier’s notification in accordance with accordancewith the foregoing, if and to the extent that the changes requested by the Purchaser reasonably justify in the circumstances an adjustment thechangesrequestedbythePurchaserreasonablyjustifyinthecircumstancesanadjustment of the price, delivery schedule and/or other provision of the Contract, then an equitable adjustment will adjustmentwill be made by the Purchaser (“Change Order”). The Purchaser has the right to instruct the Supplier to commence the changes prior to having changesprior tohaving finalised the adjustment to the Change Order. In the absence of a notification by the Supplier in accordancewith accordance with this Article5.1Article 5.1, the Supplier shall be deemed tohavewaived to have waived its rights for an adjustment and shall carry out the change, and the Purchaser shall be entitled to assume that such changewill change will nothave any impacton anymaterial impact on any material term of the Contract, including time schedule, warranties and price.

Appears in 3 contracts

Samples: www.alstom.com, www.alstom.com, www.alstom.com

CHANGES IN CONTRACT. 5.1 The Purchaser shall have the right at any time to make changes in the design and/or the specifications of any or all of the Products Goods and/or Services or part thereof, delivery terms, scope or other provisions of the Contract, by means of a written notice to the Supplier. If in the Supplier’s reasonable opinion such changes affect the cost or time required for performance of the Goods and Services or any other provision(s) of the Contract, the Supplier shall notify the Purchaser promptly in writing, but in no event later than ten (10) days after the receipt of the Purchaser’s notice, including appropriate substantiation regarding the claimed impact of the change. Subject to the Supplier’s notification in accordance with the foregoing, if and to the extent that the changes requested by the Purchaser reasonably justify in the circumstances an adjustment of the price, delivery schedule and/or other provision of the Contract, then an equitable adjustment will be made by the Purchaser (“Change Order”). The Purchaser has the right to instruct the Supplier to commence the changes prior to having finalised the adjustment to the Change Order. In the absence of a notification by the Supplier in accordancewith accordance with this Article5.1Article 5.1, the Supplier shall be deemed tohavewaived to have waived its rights for an adjustment and shall carry out the change, and the Purchaser shall be entitled to assume that such changewill nothave change will not have any impacton anymaterial impact on any material term of the Contract, including time schedule, warranties and price.

Appears in 3 contracts

Samples: www.alstom.com, www.alstom.com, www.alstom.com

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CHANGES IN CONTRACT. 5.1 The Purchaser shall have the right at any time to make changes in the design and/or the specifications of any or all of the Products or part thereof, delivery terms, scope or other provisions of the Contract, by means of a written notice to the Supplier. If in the Supplier’s reasonable opinion such changes affect the cost or time required for performance of the Goods and Services or any other provision(s) of the Contract, the Supplier shall notify the Purchaser promptly in writing, but in no event later than ten (10) days after the receipt of the Purchaser’s notice, including appropriate substantiation regarding the claimed impact of the change. Subject to the Supplier’s notification in accordance with the foregoing, if and to the extent that the changes requested by the Purchaser reasonably justify in the circumstances an adjustment of the price, delivery schedule and/or other provision of the Contract, then an equitable adjustment will be made by the Purchaser (“Change Order”). The Purchaser has the right to instruct the Supplier to commence the changes prior to having finalised the adjustment to the Change Order. In the absence of a notification by the Supplier in accordancewith accordance with this Article5.1Article 5.1, the Supplier shall be deemed tohavewaived to have waived its rights for an adjustment and shall carry out the change, and the Purchaser shall be entitled to assume that such changewill nothave change will not have any impacton anymaterial impact on any material term of the Contract, including time schedule, warranties and price.. The Supplier expressly accepts this contractual provision

Appears in 2 contracts

Samples: www.alstom.com, www.alstom.com

CHANGES IN CONTRACT. 5.1 The Purchaser shall have the right at any time to make changes in the design and/or the specifications of any or all of the Products or part thereof, delivery terms, scope or other provisions of the Contract, by means of a written notice to the Supplier. If in the Supplier’s reasonable opinion such changes affect the cost or time required for performance of the Goods and Services or any other provision(s) of the Contract, the Supplier shall notify the Purchaser promptly in writing, but in no event later than ten (10) days after the receipt of the Purchaser’s notice, including appropriate substantiation regarding the claimed impact of the change. Subject to the Supplier’s notification in accordance with the foregoing, if and to the extent that the changes requested by the Purchaser reasonably justify in the circumstances an adjustment of the price, delivery schedule and/or other provision of the Contract, then an equitable adjustment will be made by the Purchaser (“Change Order”). The Purchaser has the right to instruct the Supplier to commence the changes prior to having finalised the adjustment to the Change Order. In the absence of a notification by the Supplier in accordancewith this Article5.1Article 5.1, the Supplier shall be deemed tohavewaived its rights for an adjustment and shall carry out the change, and the Purchaser shall be entitled to assume that such changewill nothave any impacton anymaterial term of the Contract, including time schedule, warranties and price.

Appears in 1 contract

Samples: www.alstom.com

CHANGES IN CONTRACT. 5.1 The Purchaser shall have the right at any time to make changes in the design and/or the specifications of any or all of the Products Goods and Services or part thereof, delivery terms, scope or other provisions of the Contract, by means of a written notice to the Supplier. If in the Supplier’s reasonable opinion such changes affect the cost or time required for performance of the Goods and Services or any other provision(s) of the Contract, the Supplier shall notify the Purchaser promptly in writing, but in no event later than ten (10) days after the receipt of the Purchaser’s notice, including appropriate substantiation regarding the claimed impact of the change. Subject to the Supplier’s notification in accordance with the foregoing, if and to the extent that the changes requested by the Purchaser reasonably justify in the circumstances an adjustment of the price, delivery schedule and/or scheduleand/or other provision of the Contract, then an equitable adjustment will be made adjustmentwill bemade by the Purchaser (“Change Order”). The Purchaser has the right to instruct the Supplier to commence the changes prior to having finalised the adjustment to the Change Order. In the absence of a notification anotification by the Supplier in accordancewith accordance with this Article5.1Article 5.1, the Supplier shall be deemed tohavewaived its to have waivedits rights for an adjustment and adjustmentand shall carry out the change, and the Purchaser shall be entitled to assume that such changewill nothave change will not have any impacton anymaterial impact on any material term of the Contract, including time schedule, warranties and price.

Appears in 1 contract

Samples: www.alstom.com

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