Change orders clause samples

This Change Order will be executed at the same time as Change Order 21 (Secondary Access Road, DMPA-1 Scope and Use, Credit for Material Disposal, and Power Pole Relocation), Change Order 23 (Differing Soil Conditions and Bed 24 Over-Excavation Due to Differing Soil Conditions), Change Order 25 (Priority 6 Roads Differing Soil Conditions and 102-J01 Over-Excavation due to Differing Soil Conditions), and Change Order 27 (Lines Traversing Laydown Area Access Road and Underground Utilities for Temporary Facilities), and Contractor agrees that this Change Order fully resolves all schedule claims related to Change Orders 21, 23, 25 and 27, and that Contractor waives any and all rights to claim any schedule delays or adjustment to the Project Schedule with respect to those Change Orders. Therefore, notwithstanding anything to the contrary in such Change Orders, this Change Order, collectively with Change Orders 21, 23, 25 and 27, shall constitute a full and final settlement and accord and satisfaction of the changes reflected in Change Orders 21, 23, 25 and 27 upon the Changed Criteria and shall be deemed to compensate Contractor fully for such change. In the event of any conflict between or among any provision in Change Orders 21, 23, 25 or 27 and this Change Order 30, the provisions in this Change Order shall control.

12.Credit Change Orders.Owner hereby waives any and all rights to credits against the Contract Price for the Change Orders identified in Exhibit B to this Agreement.

13.Pending Change Orders.All Change Orders previously executed by the parties remain in full force and effect according to their terms except as expressly set forth herein.Included in Exhibit A is a list of all outstanding Change Orders which have been proposed but not yet executed (“Outstanding Change Orders”).All of such Outstanding Change Orders are hereby mutually agreed, with the time for such Change Orders included in the additional time granted by Section 8 of this Agreement and the cost for which to be paid as set forth in Section 5 of this Agreement.

14.Additional Change Orders.From the date of this Agreement onward, the Parties shall endeavor to minimize their initiation of Change Orders to fullest extent practicable.To expedite the resolution of Change Order issues, notwithstanding any provisions in the VCA to the contrary, the Parties agree to the following changes to the Change Order procedure as set out in Article 9 to the VCA.

The actual construction costs of the Trains may be significantly higher than our current estimates as a result of many factors, including change orders under existing or future EPC contracts resulting from the occurrence of certain specified events that may give Bechtel the right to cause us to enter into change orders or resulting from changes with which we otherwise agree. We have already experienced increased costs due to change orders. See “Description of Principal Project Documents—EPC Contract (Trains 1 and 2)”, “—EPC Contract (Trains 3 and 4)” and “—EPC Contract (Train 5).” We do not have any prior experience in constructing liquefaction facilities, and other than Trains 1 and 2 of the Liquefaction Project, no liquefaction facilities have been constructed and placed in service in the United States in over 40 years. As construction progresses, we may decide or be forced to submit change orders to our contractor that could result in longer construction periods, higher construction costs or both, including change orders to comply with existing or future environmental or other regulations.

(f)Landlord shall provide project management services in connection with the construction of the Tenant Improvements and the Change Orders (defined below). Such project management services shall be performed at Tenant’s sole cost and expense, subject to the TI Allowance, for a fee of five percent (5%) of all costs related to the preparation of the Tenant Improvement Plans and the construction of the Tenant Improvements and the Change Orders. Except for the fee described in the immediately preceding sentence, and for the general conditions, overhead and profit of the general contractor, no other administrative or supervisory fee shall be payable by Tenant in connection with the Tenant Improvements or Change Orders. Tenant may, at Tenant’s discretion and sole cost and expense, engage a representative to oversee construction activities on Tenant’s behalf. Said representative shall coordinate its efforts with Landlord’s project manager and/or contractor, shall have full access to all information and documentation with respect to the Tenant Improvements and may be engaged throughout the design and construction process of the Tenant Improvements.

Landlord shall either approve or disapprove such Change Orders, and if Landlord disapproves such Change Orders, Landlord shall advise Tenant of the revisions required. Tenant shall revise and redeliver the plans and specifications to Landlord within five (5)business days after Landlord’s advice of its disapproval of a proposed Change Order or Tenant shall be deemed to have abandoned its request for such Change Orders. Tenant shall pay the reasonable, out-of-pocket costs for all preparations and revisions of plans and specifications for, and the construction of, all Change Orders, subject to the TI Allowance.