Common use of CHANGES IN SCOPE AND ADDITIONAL WORK Clause in Contracts

CHANGES IN SCOPE AND ADDITIONAL WORK. 3.1 If the Artist determines changes to the design to be necessary, the Artist shall, whenever required during the term of this Agreement, present to the FAC in writing, drawing or other appropriate media for further review and approval of any significant changes in the scope, design, color, size, material, utility and support requirements, texture, or location of the site or of the Work. A significant change is any change which affects the installation, scheduling, site preparation or maintenance of the Work, or the concept of the Work as represented in the original approved design. 3.2 The Artist shall be obligated to perform the services called for in Section 2, herein. The Artist and the City agree that the Artist shall retain Artistic control of his/her services in the performance of the services under this Agreement, subject only to the limitations imposed in Section 2. 3.3 Notwithstanding the provision of Section 3.2 immediately above, the City may, at any time, request the Artist in writing to: revise portions of the services that he/she has previously completed in a satisfactory manner; delete portions of the Work which has yet to be performed; perform additional Work beyond that provided in Section 2; or make other changes to the tasks to be performed under this Agreement. In the event of such a written request, the Artist may, but shall not be obligated to agree to any such request. a. In the event the request for change is agreed to by the Artist, this Agreement, if necessary, shall be amended, in writing, specifying the agreed changes, including, but not limited to, a description of services, additional budget, payment schedule and timetable. b. The Work to be completed by the Artist is unique and personal to the Artist, and may not be capable of completion by anyone other than the Artist. Therefore, in the event the Artist does not agree to a City request to modify the Work called for by this agreement, the City shall be entitled to terminate the Agreement for cause pursuant to Article 11.4 hereinafter. However, if the City determines, in its sole and reasonable discretion, that the Artist’s failure or refusal to modify the Work is justifiable, in good faith, and for reasons beyond the control of the Artist, the City may authorize the Artist to keep payments made under this agreement for tasks already completed. In such case, the City may, at its option, engage another Artist to complete the Work. 3.4 No services for which additional compensation will be charged shall be provided by the Artist without the prior written authorization by the City.

CHANGES IN SCOPE AND ADDITIONAL WORK. 3.1 If the Artist ARTIST determines changes to the design to be necessary, the Artist ARTIST shall, whenever required during the term of this Agreement, present to the FAC CITY in writing, drawing or other appropriate media for further review and approval of any significant changes in the scope, design, color, size, material, utility and support requirements, texture, or location of the site or of the WorkWORK. A significant change is any change which affects the installation, scheduling, site preparation or maintenance of the WorkWORK, or the concept of the Work WORK as represented in the original approved design. 3.2 The Artist ARTIST shall be obligated to perform the services called for in Section 2, herein. Exhibit A. The Artist ARTIST and the City CITY agree that the Artist ARTIST shall retain Artistic artistic control of his/her services in the performance of the services under this Agreement, subject only to the limitations imposed in Section 2.Exhibit A. 3.3 Notwithstanding the provision of Section 3.2 4.2 immediately above, the City CITY may, at any time, request the Artist ARTIST in writing to: revise portions of the services that he/she has previously completed in a satisfactory manner; delete portions of the Work WORK which has yet to be performed; perform additional Work WORK beyond that provided in Section 2Exhibit A; or make other changes to the tasks to be performed under this Agreement. In the event of such a written request, the Artist ARTIST may, but shall not be obligated to agree to any such request. a. In the event the request for change is agreed to by the ArtistARTIST, this Agreement, if necessary, Agreement shall be amended, in writing, specifying the agreed changes, including, but not limited to, a description of services, additional budget, payment schedule and timetable. b. The Work WORK to be completed by the Artist ARTIST is unique and personal to the ArtistARTIST, and may not be capable of completion by anyone other than the ArtistARTIST. Therefore, in the event the Artist ARTIST does not agree to a City CITY request to modify the Work WORK called for by this agreement, the City CITY shall be entitled to terminate the Agreement for cause pursuant to Article 11.4 12.4 hereinafter. However, if the City CITY determines, in its sole and reasonable discretion, that the Artist’s ARTIST’S failure or refusal to modify the Work WORK is justifiable, in good faith, and for reasons beyond the control of the ArtistARTIST, the City CITY may authorize the Artist ARTIST to keep payments made under this agreement for tasks already completed. In such case, the City CITY may, at its option, engage another Artist ARTIST to complete the WorkWORK. 3.4 No services for which additional compensation will be charged shall be provided by the Artist ARTIST without the prior written authorization by the CityCITY.