Equipment Modification Clause Samples

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Equipment Modification. Seller reserves the right to make any changes in the design or construction of Seller’s Products without incurring any obligation to make any updates or changes whatsoever in the Covered Equipment under the Support Plan. Buyer agrees to allow Seller, at its expense and option, to make retrofits or design changes which improve product reliability, but do not change its performance characteristics. Any Buyer requests to modify or add devices or accessories to Covered Equipment that are not manufactured by Seller are outside the scope of the Support Plans and covered Support Services.
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Equipment Modification. Because of the high concentration of H2S, CHK Compression, at its sole discretion, may modify or replace certain components of any affected Equipment, which modifications or replacements shall be solely related to the safety of personnel and the safe operation of the affected Equipment, so as to allow it to safely compress High H2S Gas without undue damage or wear or risk to personnel. The reasonable cost of these equipment modifications will be borne by MLP OpCo.
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Equipment Modification. In the event that (a) the Buyer modifies the Goods or any product sold pursuant to these T&C’s or the Order without the express written consent of the Seller; or (b) the Buyer fails to implement any changes in the Goods or product directed by the Seller; or (c) any Goods or any product to be furnished under these T&C’s or the Order are made in accordance with drawings, samples or manufacturing specifications provided by or designated by the Buyer, then ▇▇▇▇▇ agrees to indemnify and hold harmless the Seller from all claims, demands, actions or causes of action or costs and expenses incurred in connection therewith, whether in contract, tort or admiralty.
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Equipment Modification. RiT shall have the right to modify, alter, or improve any or all of the Products, and shall have the right to discontinue specific Products. Consequently, RiT may modify Appendix A (by addition, deletion or otherwise) by written notice to Distributor, from time to time, at its discretion. If RiT deletes a Product from Appendix A, such notice shall be effective no fewer than sixty (60) days from the date of such notice.
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Equipment Modification. Tenant may update, replace, relocate or add to the Equipment from time to time in compliance with a new site plan approved in advance by Landlord in writing. The new site plan will be substituted for the existing Exhibit "A" to reflect the modified Equipment. The new Exhibit "A" and any adjustment to the applicable rental amount for increasing the burden on the Tower or Property will be incorporated into this Agreement by execution of an Amendment to this Agreement. Tenant will pay all costs associated with modifying the Equipment including structural studies, if required by Landlord’s engineer, and Landlord’s legal fees for drafting the amendment.
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Equipment Modification. Because of the high concentration of H2S, EXLP and ACMP, by mutual consent, may modify or replace certain components of any affected Equipment, which modifications or replacements will be solely related to the safety of personnel and the safe operation of the affected Equipment, so as to allow it to be used to safely compress High H2S/CO2 Gas without undue damage or wear or risk to personnel. The reasonable cost of these equipment modifications, including the reasonable cost of any equipment modifications necessary to satisfy Section 9 of the Compression Technical Specifications in Exhibit 2.5.9 (Sour Gas Units), will be borne by ACMP.
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Equipment Modification. The Equipment will perform as warranted during any applicable initial warranty period. However, RD may thereafter be required to modify the Equipment in order to improve its use and reliability. All such modifications shall be the subject of a detailed cost estimate by RD and shall be assented to by Customer by submitting a purchase order to RD. Any terms and conditions of Customer's purchase order that conflict with the terms of this Agreement or the applicable Service Schedule are hereby rejected and the terms of this Agreement or the applicable Service Schedule shall control. All modification work shall be billed separately except for modifications required to improve use or reliability which occur during any applicable warranty period, which shall be free. Modified Equipment shall be subject to this Agreement and any applicable Service Schedule in all respects. Modifications shall not extend the normal warranty period. E6. REMOTE ACCESS SERVICE: To optimize the functionality, performance and use of Equipment, Customer agrees that RD may from time to time desire to access the Equipment to provide Customer with remote access service via connectivity solution (e.g. modem) and a software teleservice tool. Remote access service (“RA Service”) may include any of the following: (i) Screen sharing (remote viewing of Customer screens) to view software user interface; (ii) Remote operation of equipment in diagnostic mode; (iii) Performance of component and/or mechanism checks; (iv) Remote configuration of equipment; (v) Data uploads/downloads, data capture, database exporting and transmission of log files; (vi) Transmittal of application software updates; and (vii) any other Service which may be performed under this Agreement. RA Service will be provided at RD’s discretion on a case-specific basis for troubleshooting and repair and/or a long-term basis to perform data tracking, evaluation and review of equipment use to facilitate optimization or enhanced functionality. RA Service will be provided at RD’s option and will only be provided with respect to Equipment manufactured, sold, distributed and/or serviced by RD. Nothing contained herein shall obligate RD to provide RA Service with respect to any diagnostics equipment. RD will have no obligation to alert or notify Customer of any issues or problems arising in connection with any Equipment which are or E7. LIMITED SERVICE WARRANTY: RD warrants that the Service provided under this Agreement and any attachments ...
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Equipment Modification. RiT shall have the right to modify, alter, or improve any or all of the Products, and shall have the right to discontinue specific Products upon not less than sixty (60) days prior written notice to Distributor. RiT will make available to Distributor documentation describing any such modification, alteration, or product improvement if required to perform maintenance or repair of the Product. Distributor shall not make any modifications, alterations, or improvements in any of the Products without the prior written consent of RiT.
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Equipment Modification. Because of the high concentration of H2S, MidCon and CMO, by mutual consent, may modify or replace certain components of any affected Equipment, which modifications or replacements shall be solely related to the safety of personnel and the safe operation of the affected Equipment, so as to allow it to safely compress High H2S/CO2 Gas without undue damage or wear or risk to personnel. The reasonable cost of these equipment modifications will be borne by CMO.
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Related to Equipment Modification

  • Agreement Modification 15.1 Any agreement to change the terms of this Agreement in any way shall be valid only if the change is made in writing and approved by mutual agreement of authorized representatives of the parties hereto.

  • CONTRACT MODIFICATION The following is adopted as the new CTC for the Contract effective December 29, 2022:

  • Agreement Modifications No waiver, alteration or modification of any of the provisions of this Construction Services Agreement shall be binding upon either District or Contractor unless the same shall be in writing and signed by both District and Contractor.

  • Cost Modifications The parties may agree to a reduction in the cost of the Contract at any time during which the Contract is in effect. Without intending to impose a limitation on the nature of the reduction, the reduction may be to hourly, staffing or unit costs, the total cost of the Contract or the reduction may take such other form as the State deems to be necessary or appropriate.

  • Contract Modifications It is understood that changes are inherent in operations of the type covered by this contract. The number of changes, the scope of those changes, and the impact they have on the progress of the original operations cannot be defined at this time. The PURCHASER is notified that changes are anticipated and that there will be no compensation made to the PURCHASER directly related to the number of changes made. Each change will be evaluated for extension of contract time and increase or decrease in compensation based on its own merit. STATE reserves the right to make, at any time during the contract, such modifications as are necessary or desirable; provided such modifications shall not change the character of the operations to be done nor increase the cost, unless such operations or cost increase is approved in writing by PURCHASER. Any modifications so made shall not invalidate this contract nor release PURCHASER of obligations under the performance bond. PURCHASER agrees to do the modified operations as if it had been a part of the original contract. If any change under this section causes an increase or decrease in the PURCHASER's cost of, or the time required for the performance of any part of the operations, the PURCHASER must submit a written statement setting forth the nature and specific extent of the claim. Such claim shall include all time and cost impacts against the contract and be submitted as soon as possible, but no later than 30 days after receipt of any written notice of modification of the contract. If the PURCHASER discovers site conditions which differ materially from what was represented in the contract or from conditions that would normally be expected to exist and be inherent to the activities defined in the contract, the PURCHASER shall notify the STATE's Authorized Representative immediately and before the area has been disturbed. The STATE's Authorized Representative will investigate the area and make a determination as to whether or not the conditions differ materially from either the conditions stated in the contract or those which could reasonably be expected in execution of this particular contract. If it is determined that a differing site condition exists, any compensation or credit will be determined based on an analysis by STATE's Authorized Representative. If the PURCHASER does not concur with the decision of the STATE's Authorized Representative and/or believes that it is entitled to additional compensation, the PURCHASER may proceed to file a claim. All claims shall be submitted in writing and shall include a detailed, factual statement of the basis of the claim, pertinent dates, contract provisions which support or allow the claim, reference to or copies of any documents which support the claim, the exact dollar value of the claim, and specific time extension requested for the claim. If the claim involves operations to be completed by subcontractors, the PURCHASER will analyze and evaluate the merits of the subcontractor's claim. PURCHASER shall forward the subcontractor's claim and PURCHASER's evaluation of such claim to STATE's Authorized Representative. The STATE's Authorized Representative will not consider direct claims from subcontractors, suppliers, manufacturers, or others not a party to this contract. The decision of the STATE shall be final and binding unless the PURCHASER requests mediation.