Contract variations. A. Either Party may request, during construction of the System or any System Upgrade, by written order, a contract variation ("Contract Variation") requiring additions or alterations to, deviations or deductions from the System or System Upgrade. If the other Party consents, in its sole discretion, this change will be formalized as an amendment to this Contract by a Contract Variation; provided, that the Contractor will not unreasonably withhold its -------- consent to a Contract Variation requested by the Purchaser. B. A Contract Variation shall not become effective unless and until the price adjustment, the terms and schedule of payment and the extension of time and all other terms have been mutually agreed upon by the Parties (and the Parties shall act reasonably and in good faith in connection with all such terms) and such Contract Variation is signed by an authorized representative of each Party. Each Contract Variation shall be incorporated as an amendment to the Contract. C. Contractor may seek a Contract Variation for any change, after the date hereof, of any Law (except those, and to the extent, affecting only Taxes or wages) which requires a change in the Work or the Upgrade Work or affects the costs (other than wages) incurred or to be incurred by the Contractor or any combination of the foregoing and Purchaser shall agree to any such change in Work or Upgrade Work as may be required and to an equitable adjustment to the Contract Price or the applicable Upgrade Price. As of the date hereof, neither Party has Actual Knowledge of any proposed change in any Law that would require a change in the Work or the Upgrade Work.
Appears in 2 contracts
Sources: Project Development and Construction Contract (Global Crossing LTD), Project Development and Construction Contract (Global Crossing LTD)
Contract variations. A. Either Subject to subparagraph C below, either Party may request, during construction of the System or any System Upgrade, by written order, a contract variation ("Contract Variation") requiring additions or alterations to, deviations or deductions from the System or System UpgradeSystem. If the other Party consents, in its sole discretion, this change will be formalized as an amendment to this Contract by a Contract Variation; provided, that the Contractor Seller will not unreasonably withhold its -------- consent to a Contract Variation requested by the Purchaser.
B. A Contract Variation shall not become effective unless and until the price adjustment, the terms and schedule of payment and the extension of time and all other terms have been mutually agreed upon by the Parties (and the Parties shall act reasonably and in good faith in connection with all such terms) and such Contract Variation is signed by an authorized representative of each Party. Each Contract Variation shall be incorporated as an amendment to the Contract.
C. Contractor Seller may seek a Contract Variation for any changeonly if, after the date hereof, a change of any Law (except those, and to the extent, affecting only Taxes or wages) occurs which requires a change in the Work or the Upgrade Work or which affects the costs (other than wages) incurred or to be incurred by the Contractor Seller or any combination of the foregoing and Purchaser shall agree to any such change in Work or Upgrade Work as may be required and to an equitable adjustment to the Contract Price or the applicable Upgrade Price. As of the date hereof, neither Party has Actual Knowledge of any proposed change in any Law that would require a change in the Work or the Upgrade Work.
Appears in 1 contract
Sources: Equipment Purchase and Sales Contract (U S Precious Metals Inc)