Changes Required by Governmental Bodies Sample Clauses

Changes Required by Governmental Bodies. The parties recognize that a Governmental Body may impose terms and conditions in connection with a Governmental Approval after the issuance of the Notice to Proceed with Stage 2 Design-Build Work that require a Baseline Design Requirements Change. In the event of the imposition of any such additional terms and conditions imposed by a Governmental Body, the Design-Builder shall promptly proceed, subject to the City’s approval, to make or cause to be made all Baseline Design Requirements Changes reasonably necessary to comply with such additional terms and conditions, or the City may elect to contest any such additional terms and conditions if such terms and conditions are not acceptable to the City; provided that, if such contest by the City delays the performance of the Design-Build Work, the Design-Builder shall be entitled to Uncontrollable Circumstance relief as and to the extent provided in Article 39. As set forth in Section 6.5(H), the City shall bear the risk of the imposition of any such additional terms and conditions imposed by a Governmental Body in connection with a Governmental Approval. Without limiting the right of the City to issue a Work Change Directive under Section 31.11., any such Baseline Design Requirements Change and any related change in the terms and conditions of this Design-Build Contract shall be reflected in a Change Order.

Changes Required by Governmental Bodies. The parties recognize that a Governmental Body may impose terms and conditions in connection with a Governmental Approval that require a Design and Construction Requirements Change. In the event of the imposition of any such additional terms and conditions imposed by a Governmental Body, the DBOM Contractor shall promptly proceed, subject to the BWS’s approval, to make or cause to be made all changes in the scope of the Design-Build Work, including all Design and Construction Requirements Changes, reasonably necessary to comply with such additional terms and conditions. The risk of the imposition of any such material additional terms and conditions imposed by a Governmental Body in connection with a Governmental Approval shall constitute an Uncontrollable Circumstance, subject to subsection (A) (Changes Made Due To Uncontrollable Circumstances) of this Section, only if and to the extent the following requirements are met: (1) The DBOM Contractor has submitted all applications, data, studies, reports, responses and other information required under Applicable Law and the adopted administrative practice of the Governmental Body in order to obtain the Governmental Approval with terms and conditions that would not require material changes to the Design and Construction Requirements (2) The DBOM Contractor demonstrates that it has complied with the requirements of this Service Agreement and has used all reasonable efforts to obtain the Governmental Approval with terms and conditions that would not require material changes to the Design and Construction Requirements; (3) The DBOM Contractor has responded to all Governmental Body requests for data and other additional information with respect to the Governmental Approval in a timely manner; and (4) The DBOM Contractor satisfies all requirements and makes all demonstrations specified in Article 19 (Uncontrollable Circumstances). In the event any of the preceding conditions are not met, however, the DBOM Contractor shall bear the risk of the imposition of any such additional terms and conditions imposed by a Governmental Body in connection with a Governmental Approval and the design and construction costs resulting from any Design and Construction Requirements Change required under this subsection, and any related costs associated with the impact of any such change on the performance of the Operation Services, if any, shall be borne by the DBOM Contractor.

Changes Required by Governmental Bodies. The parties recognize that a Governmental Body may impose terms and conditions in connection with a Governmental Approval that require a Design and Construction Requirement Change. In the event of the imposition of any such additional terms and conditions imposed by a Governmental Body, SRWA shall promptly proceed to make or cause to be made all Design and Construction Requirement Changes reasonably necessary or appropriate to comply with such additional terms and conditions. The Company shall bear the risk of the imposition of any such additional terms and conditions imposed by a Governmental Body in connection with a Governmental Approval and the design and construction costs resulting from any Design and Construction Requirement Change required under this Section shall be borne by the Company, except as otherwise provided by Section 4.6(K) (Failure of a Governmental Body to Comply with Applicable Law). Without limiting the right of SRWA to issue a Unilateral Change Directive under Section 4.12 (Unilateral Change Directives), any such Design and Construction Requirement Change and any related change in the terms and conditions of this Contract shall be reflected in a Contract Administration Memorandum or Change Order, as applicable depending upon the materiality of the change, as provided in Sections 10.3 (Contract Administration) and 10.4 (Change Orders).