For Deleted Work. When a proposed change order contains a deletion of any Work, and the Trustees and the Licensee are unable to agree upon the value thereof, the Trustees’ estimate may be deducted from the Contract price and may be withheld from any payment due the Licensee until the Licensee presents proof convincing to the Trustees that the Trustees’ estimate was in error. The amount to be deducted, other than deletion of an entire item as addressed in Article 38.01- b (7), shall be the costs to the Licensee for labor, materials, and equipment which would have been used on the deleted Work together with the credit mark-up. The guidelines set forth in Article 38.01-b, shall be used in computing the amounts involved for changes other than deletion of an entire item.
Appears in 2 contracts
Sources: Energy Storage Site License and Services Agreement, License Power Purchase Agreement