Common use of Developer Changes Clause in Contracts

Developer Changes. If Developer desires to make changes to the Final Plans, then Developer shall submit a Change Order Request to Owner for review and approval, together with an estimate of any increases to the BOT Purchase Price that would result from the change proposed in the Change Order Request. Within fourteen (14) days after Owner receives the Change Order Request, Owner shall deliver to Developer written notice that it approves or rejects the Change Order Request; provided that: (i) Owner shall not withhold its approval unreasonably. (ii) by way of example, and not limitation, it shall not be unreasonable for Owner to reject a Change Order Request from Developer if the change proposed in the Change Order Request would result in: (A) use of construction materials inferior to those contemplated in the Final Plans; (B) a change in the Construction Schedule that would make it unlikely, impracticable, or impossible for Developer to complete the Project by the then-current date set forth therein; ; (C) an increase operational costs, required man power or difficulty or (D) an increase in the BOT Purchase Price. (iii) if Owner approves a Change Order Request for a change that would result in an increase in the BOT Purchase Price (notwithstanding that, as provided above, Owner has the right to reject such Change Order Request), then, notwithstanding anything to the contrary set forth herein, the amount of such increase: (A) shall not be included in the BOT Purchase Price; and (B) instead, shall be paid by Owner as such costs are incurred. If Owner rejects all or any part of the Change Order Request, then such notice shall: (i) specify the part or parts that Owner is rejecting; and (ii) include the specific basis for such rejection. If Owner approves a Change Order Request, then Developer and Owner shall execute a Change Order.

Developer Changes. If Developer desires to make any changes to the Final Plans, then Developer shall submit a Change Order Request to Owner FRC for review and approval, together with an estimate of any increases to the BOT Purchase Price approved Project Budget that would result from the change proposed in the Change Order Request. Within fourteen (14) ten days after Owner FRC receives the Change Order Request, Owner FRC shall deliver to Developer written notice that it approves or rejects the Change Order Request; provided that: : (i) Owner FRC shall not withhold its approval unreasonably. ; (ii) by way of example, and not limitation, it shall not be unreasonable for Owner FRC to reject a Change Order Request from Developer if the change proposed in the Change Order Request would result in: (A) use of construction materials inferior to those contemplated in the Final Plans; (B) a change in the Construction Schedule that would make it unlikely, impracticable, or impossible for Developer to complete the Project by the then-current date set forth therein; ; (C) an increase operational costs, required man power or difficulty or (D) an increase in the BOT Purchase Price. Project Budget; and (iii) if Owner FRC approves a Change Order Request for a change that would result in an increase in the BOT Purchase Price (notwithstanding that, as provided above, Owner has the right to reject such Change Order Request)Project Budget, then, notwithstanding anything to the contrary set forth herein, the amount of such increase: (A) shall not be included in the BOT Payment Rights Price or the Installment Purchase Price; and (B) instead, shall be paid by Owner FRC as such costs are incurred; provided that, in no event shall Developer have any obligations with respect to the payment of the amount of such increase. If Owner FRC rejects all or any part of the Change Order Request, then such notice shall: (i) specify the part or parts that Owner FRC is rejecting; and (ii) include the specific basis for such rejection. If Owner FRC approves a Change Order Request, then Developer and Owner FRC shall execute a Change Order.