Common use of IN THE EVENT THAT Clause in Contracts

IN THE EVENT THAT. THE PARTIES ARE UNABLE TO AGREE AS TO THE REASONABLE COST AND TIME TO PERFORM THE CHANGE IN OR ADDITION TO THE WORK BASED UPON THE CM'S PROPOSAL AND THE OWNER DOES NOT ELECT TO HAVE THE CHANGE IN THE WORK PERFORMED ON A TIME AND MATERIAL BASIS, THE OWNER MAY CHOOSE TO MAKE A DETERMINATION OF THE REASONABLE COST AND TIME TO PERFORM THE CHANGE IN THE WORK, BASED UPON THEIR OWN ESTIMATES, THE CM'S SUBMISSION OR A COMBINATION THEREOF, EXCEPT FOR A CHANGE ORDER INITIALLY ESTABLISHING THE GMP FOR THE PROJECT OR INITIALLY ESTABLISHING A PARTIAL GMP FOR A PORTION OF THE WORK INCLUDED IN THE ORIGINAL PROJECT SCOPE. A CHANGE ORDER SHALL BE ISSUED IN THIS CASE FOR THE AMOUNTS OF COST AND TIME DETERMINED BY THE OWNER AND SHALL BECOME BINDING UPON THE CM UNLESS THE CM SUBMITS ITS PROTEST IN WRITING TO THE OWNER WITHIN THIRTY (30) DAYS OF THE ISSUANCE OF THE CHANGE ORDER. OWNER HAS THE RIGHT TO DIRECT IN WRITING THE CM TO PERFORM THE CHANGE IN THE WORK, WHICH IS THE SUBJECT OF SUCH CHANGE ORDER. FAILURE OF THE PARTIES TO REACH AGREEMENT REGARDING THE COST AND TIME OF THE PERFORMING THE CHANGE IN THE WORK AND/OR ANY PENDING PROTEST, SHALL NOT RELIEVE THE CM FROM PERFORMING THE CHANGE IN THE WORK PROMPTLY AND EXPEDITIOUSLY.

IN THE EVENT THAT. THE PARTIES ARE UNABLE TO AGREE AS TO THE REASONABLE COST AND TIME TO PERFORM THE CHANGE IN OR ADDITION TO THE WORK BASED UPON THE CM'S PROPOSAL AND THE OWNER DOES NOT ELECT TO HAVE THE CHANGE IN THE WORK PERFORMED ON A TIME AND MATERIAL BASIS, THE OWNER MAY CHOOSE TO MAKE A DETERMINATION OF THE REASONABLE COST AND TIME TO PERFORM THE CHANGE IN THE WORK, BASED UPON THEIR OWN ESTIMATES, THE CM'S SUBMISSION OR A COMBINATION THEREOF, EXCEPT FOR A CHANGE ORDER INITIALLY ESTABLISHING THE GMP FOR THE PROJECT OR INITIALLY ESTABLISHING A PARTIAL GMP FOR A PORTION OF THE WORK INCLUDED IN THE ORIGINAL PROJECT SCOPE. A CHANGE ORDER SHALL BE ISSUED IN THIS CASE FOR THE AMOUNTS OF COST AND TIME DETERMINED BY THE OWNER AND SHALL BECOME BINDING UPON THE CM UNLESS THE CM SUBMITS ITS PROTEST IN WRITING TO THE OWNER WITHIN THIRTY (30) DAYS OF THE ISSUANCE OF THE CHANGE ORDER. OWNER HAS THE RIGHT TO DIRECT IN WRITING THE CM TO PERFORM THE CHANGE IN THE WORK, WHICH IS THE SUBJECT OF SUCH CHANGE ORDER. FAILURE OF THE PARTIES TO REACH AGREEMENT REGARDING THE COST AND TIME OF THE PERFORMING THE CHANGE IN THE WORK AND/OR ANY PENDING PROTEST, SHALL NOT RELIEVE THE CM FROM PERFORMING THE CHANGE IN PROPOSAL FORM ATTACHED AS APPENDIX B-2 SHALL BE USED TO SUBMIT THE FINAL CHANGE PROPOSAL TO THE OWNER AFTER THE WORK PROMPTLY IS COMPLETE. THE FINAL CHANGE PROPOSAL SHALL DOCUMENT ALL COSTS AND EXPEDITIOUSLYEXPENSES. APPENDIX B-2 SHALL BE FILLED OUT IN ACCORDANCE WITH THE INSTRUCTIONS IN PARAGRAPH 5.2.1.1, AND ITS SUBPARAGRAPHS.

IN THE EVENT THAT. ARTICLE 2a OF THE PARTIES ARE UNABLE UNIFORM COMMERCIAL CODE HAS BEEN ADOPTED IN THE JURISDICTION WHOSE LAWS GOVERN THIS LEASE, AND SUCH ARTICLE IS DEEMED TO AGREE AS APPLY TO THIS LEASE, THEN THIS LEASE IS INTENDED TO BE A "FINANCE LEASE" WITHIN THE MEANING OF SUCH ARTICLE. IN SUCH EVENT, THIS LEASE SHALL NOT BECOME EFFECTIVE UNLESS AND UNTIL LESSEE SHALL APPROVE LESSOR'S PURCHASE ORDER OR OTHER CONTRACT EVIDENCING LESSOR'S PURCHASE OF THE EQUIPMENT. NO WARRANTIES. THE EQUIPMENT LEASED HEREUNDER IS LEASED AS-IS. LESSOR NOT BEING THE MANUFACTURER OR SUPPLIER OF THE EQUIPMENT NOR AN AGENT OF EITHER, MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER IN REGARD TO THE REASONABLE COST EQUIPMENT. LESSOR HEREBY DISCLAIMS ANY AND TIME TO PERFORM THE CHANGE ALL REPRESENTATIONS AND WARRANTIES IN OR ADDITION REGARD TO THE WORK BASED UPON THE CM'S PROPOSAL AND THE OWNER DOES NOT ELECT TO HAVE THE CHANGE IN THE WORK PERFORMED ON A TIME AND MATERIAL BASISEQUIPMENT, THE OWNER MAY CHOOSE TO MAKE A DETERMINATION INCLUDING, WITHOUT LIMITATION, THOSE OF THE REASONABLE COST AND TIME TO PERFORM THE CHANGE IN THE WORKMERCHANTABILITY OR FITNESS FOR USE OR FITNESS FOR ANY PARTICULAR PURPOSE OR OF QUALITY, BASED UPON THEIR OWN ESTIMATESDESIGN, THE CM'S SUBMISSION CONDITION, CAPACITY, SUITABILITY OR A COMBINATION THEREOFPERFORMANCE. LESSOR FURTHER DISCLAIMS ANY WARRANTY AGAINST INTERFERENCE OR INFRINGEMENT. Lessee acknowledges that it has made the selection of each item of Equipment and of the supplier thereof (the "Supplier"). Such selection was based upon Lessee's own judgment, EXCEPT FOR A CHANGE ORDER INITIALLY ESTABLISHING THE GMP FOR THE PROJECT OR INITIALLY ESTABLISHING A PARTIAL GMP FOR A PORTION OF THE WORK INCLUDED IN THE ORIGINAL PROJECT SCOPEand Lessee expressly disclaims any reliance upon statements made by Lessor. A CHANGE ORDER SHALL BE ISSUED IN THIS CASE FOR THE AMOUNTS OF COST AND TIME DETERMINED BY THE OWNER AND SHALL BECOME BINDING UPON THE CM UNLESS THE CM SUBMITS ITS PROTEST IN WRITING TO THE OWNER WITHIN THIRTY (30) DAYS OF THE ISSUANCE OF THE CHANGE ORDERLessee is aware that Lessor is not in a position to have any special knowledge, or greater knowledge than Lessee, in regard to the design, inspection, selection or operation of the Equipment. OWNER HAS THE RIGHT TO DIRECT IN WRITING THE CM TO PERFORM THE CHANGE IN THE WORKLessee further acknowledges that the Equipment will be shipped directly to Lessee and that Lessor will have no opportunity to inspect, WHICH IS THE SUBJECT OF SUCH CHANGE ORDERand will not inspect the Equipment, and that Lessor will not assist Lessee in inspecting, maintaining or servicing the Equipment, Lessee acknowledges that Lessor is acquiring the Equipment solely for purposes of this Lease. FAILURE OF THE PARTIES TO REACH AGREEMENT REGARDING THE COST AND TIME OF THE PERFORMING THE CHANGE IN THE WORK AND/OR ANY PENDING PROTESTLessor agrees to order the Equipment from the Supplier thereof, SHALL NOT RELIEVE THE CM FROM PERFORMING THE CHANGE IN THE WORK PROMPTLY AND EXPEDITIOUSLYbut shall not be liable for specific performance of this Lease or for damages if for any reason the Supplier delays or fails to fill the order or to properly install the Equipment or if the Equipment is not accepted by Lessee. Lessor hereby informs Lessee that Lessee may have rights under Lessor's Purchase Order or other contract evidencing Lessor's purchase of the Equipment. Lessee shall be entitled to whatever rights in regard to the Equipment which Lessor or Lessee may have against any person other than the Lessor, including any rights against the Supplier and/or the manufacturer of the Equipment, to the extent permitted by law. Lessee may contact such Supplier for a description of such rights. No agency relationship exists or shall be deemed to exist between Lessor and any manufacturer, the Supplier or Lessee. No salesman, representative or agent of any manufacturer or the Supplier is authorized to waive or alter any term or condition ot this Lease. No representation in regard to the Equipment, this Lease, or any other matter by any manufacturer or the Supplier shall in any way affect Lessee's duty to perform the obligations set forth in this Lease and any Equipment Schedule.