ERRORS AND CHANGES Sample Clauses

ERRORS AND CHANGES. No rights can be derived from errors in communications (for example in transaction statements). Neither you, nor we have the right to derive advantage or profit from errors in the trading system. In the event that an error occurs, both you and we agree that reasonable adjustments may be carried out to remedy the error to arrive at the situation as if this error had not been made and in order to ensure that trading is carried out fairly for both parties. Only Open orders can be changed. Orders that have been executed or processed are binding and cannot be changed in any circumstances.
ERRORS AND CHANGES. 14.1 The Contractor shall be entitled to a Variation Order in respect of adjustment of the Contract Price (calculated in accordance with Appendix 3) and in respect of delays to the Contractor’s Scope resulting from an Objective Error as defined in the GANDRIA Topsides Agreement, to the extent not compensated for by the Sub-Contractor under the GANDRIA Topsides Agreement. 14.2 The Contractor shall be entitled to a Variation Order in respect of adjustment of the Contract Price calculated in accordance with Appendix 3 and in respect of delays to the Works resulting from a Subjective Error as defined in the GANDRIA Topsides Agreement, to the extent not compensated for by the Sub-Contractor under the GANDRIA Topsides Agreement. 14.3 Without prejudice to the exercise of rights under Clause 56 of the GANDRIA Topsides Agreement, in the event that (i) there is any disagreement as to the Certification Body’s decision on whether the Sub-Contractor’s interpretation of the discretionary elements of DNV-OS-E201 was in accordance with Prudent Engineering and Construction Practice; (ii) there is any disagreement as to whether changes to the Sub-Contract Works arising from HAZOP are due to the Sub-Contractor’s Objective Error(s) and/or Subjective Error(s); or (iii) the Certification Body fails to provide such opinion within 30 days of the Sub-Contractor’s written request (copied to the Contractor and Owner), such disagreement or decision shall be referred to an independent third party. The independent third party will be retained by the Sub-Contractor subject to the mutual agreement of the Owner, which shall not be unreasonably withheld. The costs of the independent third party shall be paid by whichever of the Owner or the Sub-Contractor, or such combination of the foregoing, as the independent third party decides. Either the Owner or the Sub-Contractor may seek to have the independent third party’s ruling adjudicated under Clause 56 of the GANDRIA Topsides Agreement. The Owner shall, pending the decision of such independent third party, have the right to instruct the Contractor to instruct the Sub-Contractor to comply with the decision of the Certification Body. 14.4 The Contractor shall be entitled to a Variation Order in respect of adjustment of the Contract Price calculated in accordance with Appendix 3 and in respect of delays to the Works arising from a Hazard & Operability Analysis study (“HAZOP”), to the extent not compensated for by the Sub-Contractor under the G...
ERRORS AND CHANGES. 15.1 The Contractor shall be entitled to a Variation Order in respect of adjustment of the Contract Price (calculated in accordance with Appendix 3 (Price Schedule)), to the extent not compensated for by the Sub-Contractor under the GIMI Topsides Agreement, and to a Variation Order in respect of delays to the Contractor's Scope, resulting from an Objective Error or a Subjective Error as defined in the GIMI Topsides Agreement. 15.2 In the event that: (a) there is any disagreement as to whether the Sub-Contractor's interpretation of the discretionary elements of DNV-OS-E201 was in accordance with Prudent Engineering and Construction Practice; or (b) there is any disagreement as to whether changes to the Sub-Contract Works arising from a Hazard & Operability Analysis study ("HAZOP") are due to the Sub-Contractor's Objective Error(s) and/or Subjective Error(s), such disagreements shall be resolved as a Technical Dispute in accordance with Clause 64 of the GIMI Topsides Agreement. 15.3 To the extent not caused by the Contractor, the Contractor shall be entitled to a Variation Order in respect of adjustment of the Contract Price calculated in accordance with Appendix 3 (Price Schedule) to the extent not compensated for by the Sub-Contractor under the GIMI Topsides Agreement, and to a Variation Order in respect of delays to the Contractor's Scope, resulting from a HAZOP.
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