Common use of Changes Requested by Contractor Clause in Contracts

Changes Requested by Contractor. 6.4.1 If (a) Contractor considers that a direction by MSG constitutes a Change, or (b) Contractor considers that a direction by MSG is likely to prevent Contractor from fulfilling any of its obligations, Contractor must notify MSG in what respect it considers the direction to involve a Change or that it is likely to prevent it from fulfilling its obligations. Such notice must be given within ten (10) Business Days of the date of the direction and before Contractor proceeds with the direction and must contain sufficient detail for MSG to assess the request. If Contractor fails to submit such notice as required, Contractor will not be entitled to submit any claim for a Change Order, recover as a Cost of the Work or be entitled to an adjustment to the Incentive Benchmark or to the Substantial Completion Date with respect to the direction. 6.4.2 Within thirty (30) Days of receipt of the notice in Section 6.4.1 above, and which notice complies with the requirements of Section 6.4.1, MSG shall: 6.4.2.1 issue a Change Order pursuant to Section 6.5; or 6.4.2.2 issue a written response to Contractor of the reasons the request for a Change Order is unreasonable or explain that additional information and time are necessary to make a determination regarding the request. 6.4.3 [*****]

Appears in 3 contracts

Sources: Construction Agreement (MSG Entertainment Spinco, Inc.), Construction Agreement (MSG Entertainment Spinco, Inc.), Construction Agreement (Madison Square Garden Co)