Common use of Effect of Changes Clause in Contracts

Effect of Changes. To the extent that a Change adversely affects Contractor's or its Subcontractors' ability to perform the Work, increases the costs for the Work, affects “[**]” in this Exhibit 10.01 indicates material that has been omitted pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission. Execution Version Confidential Trade Secret Information—Subject to Restricted Procedures Contractor's ability to achieve the Net Unit Electrical Output Guarantee or Warranties or its other obligations under this Agreement, or causes a delay in the Project Schedule, Contractor shall be entitled to an equitable adjustment as appropriate to the Contract Price, the Project Schedule, the Milestone Payment Schedule, the Guaranteed Substantial Completion Dates, the Scope of Work and/or such other parts of this Agreement as may be affected by such Change. Similarly, to the extent that a Change enhances Contractor's or its Subcontractors' ability to perform the Work, reduces the cost of the Work or its other obligations under this Agreement, or shortens the Project Schedule, Owner shall be entitled to an equitable adjustment as appropriate to the Contract Price, the Project Schedule, the Milestone Payment Schedule, the Guaranteed Substantial Completion Dates, the Scope of Work and/or such other parts of this Agreement as may be affected by such Change. Any increase or decrease in the Contract Price resulting from a Change shall be determined and shall be payable as follows:

Appears in 1 contract

Samples: Limited Agency Agreement (South Carolina Electric & Gas Co)

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Effect of Changes. To the extent that a Change adversely affects Contractor's ’s or its Subcontractors' ability to perform the Work, increases the costs for the Work, affects “[**]” in this Exhibit 10.01 indicates material that has been omitted pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission. Execution Version Confidential Trade Secret Information—Subject to Restricted Procedures Contractor's ’s ability to achieve the Net Unit Electrical Output Guarantee or Warranties or its other obligations under this Agreement, or causes a delay in the Project Schedule, Contractor shall be entitled to an equitable adjustment as appropriate to the Contract Price, the Project Schedule, the Milestone Payment Schedule, the Guaranteed Substantial Completion Dates, the Scope of Work and/or such other parts of this Agreement as may be affected by such Change. Similarly, to the extent that a Change enhances Contractor's ’s or its Subcontractors' ability to perform the Work, reduces the cost of the Work or its other obligations under this Agreement, or shortens the Project Schedule, Owner shall be entitled to an equitable adjustment as appropriate to the Contract Price, the Project Schedule, the Milestone Payment Schedule, the Guaranteed Substantial Completion Dates, the Scope of Work and/or such other parts of this Agreement as may be affected by such Change. Any increase or decrease in the Contract Price resulting from a Change shall be determined and shall be payable as follows:

Appears in 1 contract

Samples: Engineering, Procurement and Construction Agreement (Scana Corp)

Effect of Changes. To the extent that a Change adversely affects Contractor's or its Subcontractors' ability to perform the Work, increases the costs for the Work, affects “[**]” in this Exhibit 10.01 10.02 indicates material that has been omitted pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission. Execution Version Confidential Trade Secret Information—Subject to Restricted Procedures Contractor's ability to achieve the Net Unit Electrical Output Guarantee or Warranties or its other obligations under this Agreement, or causes a delay in the Project Schedule, Contractor shall be entitled to an equitable adjustment as appropriate to the Contract Price, the Project Schedule, the Milestone Payment Schedule, the Guaranteed Substantial Completion Dates, the Scope of Work and/or such other parts of this Agreement as may be affected by such Change. Similarly, to the extent that a Change enhances Contractor's or its Subcontractors' ability to perform the Work, reduces the cost of the Work or its other obligations under this Agreement, or shortens the Project Schedule, Owner shall be entitled to an equitable adjustment as appropriate to the Contract Price, the Project Schedule, the Milestone Payment Schedule, the Guaranteed Substantial Completion Dates, the Scope of Work and/or such other parts of this Agreement as may be affected by such Change. Any increase or decrease in the Contract Price resulting from a Change shall be determined and shall be payable as follows:

Appears in 1 contract

Samples: Engineering, Procurement and Construction Agreement

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Effect of Changes. To the extent that a Change adversely affects Contractor's ’s or its Subcontractors' ’ or Vendors’ ability to perform the Work, increases the Contractor’s costs for the Work, affects “[**]” in this Exhibit 10.01 indicates material that has been omitted pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission. Execution Version Confidential Trade Secret Information—Subject to Restricted Procedures Contractor's ’s ability to achieve the Net Unit Electrical Output Guarantee Performance Guarantees or Warranties or its other obligations under this Agreement, or causes a delay in the Project Schedule, such Change shall entitle Contractor shall be entitled to an equitable adjustment a Change Order as appropriate to the extent allowed under Sections 9.3(a) and 9.3(b) to the Contract Price, the Project Schedule, the Milestone Payment ScheduleSchedules, the Guaranteed Substantial Completion Dates, the Scope of Work Critical Milestones and/or such other parts of this Agreement as may be affected by such Change; [***]. SimilarlyEach Party shall reasonably cooperate with the other Party in preserving the standardization of the design and finality of the DCD. Notwithstanding the foregoing, to [***]. To the extent that a Change enhances Contractor's ’s or its Subcontractors' ’ or Vendors’ ability to perform the Work, reduces the cost of Contractor’s costs for the Work or its other obligations under this Agreement, or shortens the Project Schedule, Owner Owners shall be entitled to an equitable adjustment a Change Order as appropriate to the Contract Price, the Project Schedule, the Milestone Payment ScheduleSchedules, the Guaranteed Substantial Completion Dates, the Scope of Work Critical Milestones and/or such other parts of this Agreement as may be affected by such Change. Any increase or decrease in the Contract Price resulting from a Change shall be determined and shall be payable as follows:

Appears in 1 contract

Samples: Guaranty Agreement (Alabama Power Co)

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