CHANGE IN CONTRACT ELEMENTS AND OPTIONAL SERVICES Clause Samples

CHANGE IN CONTRACT ELEMENTS AND OPTIONAL SERVICES. 38 CHANGE IN THE DELIVERABLES 38.1 Introducing a Change 38.1.1 Subject to the provisions set out herein, HPC shall have the right, from time to time during the performance of the Contract, to propose and require, that the Supplier make any change, modification, addition or deletion to, in or from the Deliverables (hereinafter referred to as "Change"), provided that such Change falls within the general scope of the Deliverables and does not constitute unrelated work that is technically impracticable, taking into account both the state of advancement of the Works and the technical compatibility of the Change envisaged with the nature of the Deliverables as specified in the Contract. The Supplier shall be obliged to execute such Change in accordance with the terms of this Contract. 38.1.2 The Supplier may from time to time during its performance of the Contract propose to HPC (with a copy to the HPM) any Change that the Supplier considers necessary or desirable to improve the quality, efficiency or safety of the Deliverables. HPC may at its sole discretion approve or reject any Change proposed by the Supplier. 38.1.3 Notwithstanding Sub-Clauses 38.1.1 and 38.1.2, no change that (i) is made necessary because of any failure or default or breach of the Supplier in the performance of its obligations under the Contract, (ii) or is made due to any other circumstances depending on the Supplier, or