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XTP IJ <br />CHANGES <br />9.1 (a) Site Plan[Pefmittin Chanties. If during the site planning and permitting <br />process, changes or additions to the Improvements contemplated herein are required to obtain site <br />! plan approval or permits, and as a result the cost of said Improvements increases by more than <br />$270,000, the Dodgers may elect to terminate this Agreement and other Project Documents, as <br />provided in the Escrow Agreement. <br />(b)ges to Project. No Change shall be made that would cause the Project <br />to fail to conform with applicable Minimum Standards, and in all material respects with the <br />description in the Proposal, the Design Build Agreement or the Construction Drawings without the <br />prior written approval of the County, which shall not be unreasonably withheld. It is understood and <br />agreed that no substitutions for material major components of the Project specified in the Design <br />Build Agreement and the Construction. Drawings to be used in construction of the Project shall be <br />made by the Dodgers without the prior written approval of the County, which shall not be <br />unreasonably withheld. <br />9.2 Minar Chanties. The Dodgers at their sole discretion and without County approval <br />may order minor changes to the Project that enhance or do not detract from the reliability or quality <br />of the Project or any component parts thereof, provided that such changes are not materially <br />inconsistent with the intent of the Design Build Agreement and the Construction Drawings, do not <br />substantially alter the design or appearance of the Project or require any material upward adjustment <br />to the Project Costs, Draw Schedule, or materially extend the Scheduled Completion Date. <br />9,3 Claims and2is,pptes. A "Claire" is a demand or assertion by one of the parties <br />seeking, as a matter of right, adjustment or interpretation of contract terms, payment of money, <br />extension of time or other reliefwith respect to the terms of this Agreement. The term "Claim" also <br />includes other disputes and matters in question between the County and the Dodgers arising out of <br />or relating to this Agreement. Claims must be made by written notice. The responsibility to <br />substantiate Claims shall rest with the party masking the Claim. <br />9.4 Time Limits on Claim&. Claims by either party must be made within sixty (60) <br />calendar days after discovery of the event giving rise to such Claim. Claims must be made by written <br />notice. <br />9,5 C nnti[tuins reIf2EMfiM• Pentlin8 final resolution of a Claim, unless otherwise <br />agreed in writing, the Dodgers and the County shall proceed diligently with performance of this <br />Agreement and the Dodgers and the appropriate contractors shall continue to be paid in accordance <br />with this Agreement. <br />19 <br />