Common use of Authority Changes Clause in Contracts

Authority Changes. Subject always to Condition 6 (Amendments to Contract), the Authority shall be entitled, acting reasonably, to require changes to the Contractor Deliverables (a " Change") in accordance with this Schedule 4. Notice of Change If the Authority requires a Change, it shall serve a Notice (an "Authority Notice of Change") on the Contractor. The Authority Notice of Change shall set out the change required to the Contractor Deliverables in sufficient detail to enable the Contractor to provide a written proposal (a "Contractor Change Proposal") in accordance with clause 3 below. Contractor Change Proposal As soon as practicable, and in any event within fifteen (15) Business Days (or such other period as the Parties may agree) after having received the Authority Notice of Change, the Contractor shall deliver to the Authority a Contractor Change Proposal. The Contractor Change Proposal shall include: the effect of the Change on the Contractor's obligations under the Contract; a detailed breakdown of any costs which result from the Change; the programme for implementing the Change; any amendment required to this Contract as a result of the Change, including, where appropriate, to the Contract Price; and such other information as the Authority may reasonably require. The price for any Change shall be based on the prices (including all rates) already agreed for the Contract and shall include, without double recovery, only such charges that are fairly and properly attributable to the Change. Contractor Change Proposal – Process and Implementation As soon as practicable after the Authority receives a Contractor Change Proposal, the Authority shall: evaluate the Contractor Change Proposal; where necessary, discuss with the Contractor any issues arising and following such discussions the Authority may modify the Authority Notice of Change and the Contractor shall as soon as practicable, and in any event not more than ten (10) Business Days (or such other period as the Parties may agree) after receipt of such modification, submit an amended Contractor Change Proposal. As soon as practicable after the Authority has evaluated the Contractor Change Proposal (amended as necessary) the Authority shall: indicate its acceptance of the Change Proposal by issuing an amendment to the Contract in accordance with Condition 6 (Amendments to Contract); or serve a Notice on the Contractor rejecting the Contractor Change Proposal and withdrawing (where issued) the Authority Notice of Change. If the Authority rejects the Change Proposal, it shall not be obliged to give its reasons for such rejection. The Authority shall not be liable to the Contractor for any additional work undertaken or expense incurred unless a Contractor Change Proposal has been accepted in accordance with Clause 4b.(1) above.

Authority Changes. Subject always The Authority has the right to Condition 6 (Amendments to Contract), the Authority shall be entitled, acting reasonably, to require propose changes to the Contractor Deliverables (a " Change") in accordance with this Schedule 4condition. Notice of Change If the Authority requires a change (an “Authority Change”), it shall must serve a Notice notice (an "“Authority Notice of Change"Change Notice”) on the ContractorSupplier in accordance with the provisions of this condition. The Authority Change Notice of Change shall set shall: Set out the change in Services required to the Contractor Deliverables in sufficient detail to enable to Supplier to implement such change or provide the estimated change in Service costs in accordance with this condition (as appropriate); State whether it is a notification of required variation to contract (“NRVC”) or a notification of proposed variation to contract (“NRPC”); and Require the Contractor to provide a written proposal to the Authority within 15 business days of receipt of the Authority Change Notice an estimate of the likely effects of the requested variation including without limitation its effect on the Contract Price (a "Contractor the “Estimate”). Notwithstanding any other condition in the Contract, where the Authority Change Proposal") Notice indicates that it is an NRVC the Supplier shall implement the changes required as soon as reasonably practicable (and for the avoidance of doubt prior to any applicable alteration to the Contract Price being determined in accordance with clause 3 belowthe provisions of this condition). Contractor Change Proposal As soon as practicable, practicable and in any event within fifteen (15) Business Days (or such other period as the Parties may agree) business days after having received the Authority Notice of ChangeChange Notice, the Contractor Supplier shall deliver to the Authority a Contractor Change Proposalthe Estimate. The Contractor Change Proposal Estimate shall include: include the effect opinion of the Change on the Contractor's obligations under the Contract; a detailed breakdown of any costs which result from the Change; the programme for implementing the Change; any Supplier on: Any amendment required to this the Contract or any ancillary document as a result of the Authority Change, including, where appropriate, to ; Any estimated change in the Contract PricePrice that results from the Authority Change; [any regulatory approvals which are required]; and such other information as the Authority may reasonably require. The price for any Change shall be based [and impact on the prices (including all rates) already agreed for provision of the Contract and shall include, without double recovery, only such charges that are fairly and properly attributable to the Change. Contractor Change Proposal – Process and Implementation Services as a whole.] As soon as practicable after the Authority receives a Contractor Change Proposalthe Estimate, the Authority shall: evaluate parties shall discuss and agree the Contractor Change Proposal; issues set out in the Estimate, including providing evidence that the Supplier has used reasonable endeavours (including where necessary, discuss with practicable the Contractor use of competitive quotes) to oblige its Sub-contractors to minimise any issues arising increase in costs and following maximise any reduction in costs. In such discussions the Authority may modify the Authority Notice of Change and Notice, in which case the Contractor Supplier shall as soon as practicable, practicable (and in any event not more than ten (10) Business Days (or such other period as the Parties may agreewithin 10 business days) after receipt of such modification, submit an amended Contractor Change Proposalnotify the Authority of any consequential changes to the Estimate. If the parties cannot agree on the contents of the Estimate, then the dispute will be determined in accordance with the dispute resolution procedure set out at condition 48 of the General Conditions of Contract. As soon as practicable after the Authority has evaluated contents of the Contractor Change Proposal (amended as necessary) Estimate have been agreed the Authority shall: indicate its acceptance of the Change Proposal by issuing an amendment Confirm in writing to the Contract Supplier the Estimate (as modified); or Withdraw the Authority Change Notice; PROVIDED THAT if the Authority withdraws an Authority Change Notice expressed to be a NRVC the Authority shall indemnify the Supplier in respect of any costs incurred by the Supplier in implementing such change in accordance with Condition 6 (Amendments the provisions of condition [1.3] above. Such indemnity is only given to Contract); the extent that such costs are reasonable, reasonably incurred and are supported by documentary evidence to the Authority’s reasonable satisfaction. The Supplier shall also be under an obligation to mitigate any costs incurred as a result of the relevant Authority Change Notice. Where an Estimate is confirmed the parties shall execute a variation in the form and shall enter into any such further documentation or serve a Notice on the Contractor rejecting the Contractor Change Proposal and withdrawing (where issued) the Authority Notice of Change. If the Authority rejects the Change Proposal, it shall not agreements as may be obliged necessary to give its reasons for such rejection. The Authority shall not be liable effect to the Contractor for any additional work undertaken or expense incurred unless a Contractor Change Proposal has been accepted in accordance with Clause 4b.(1) aboverelevant change.