Cost of variation. Any losses, additional costs (excluding Charges) or other damage suffered by a party in complying with a variation under this clause 11 (other than clauses 11.4 and 11.5), 16 and 21.1 will be borne between the parties to this agreement in such proportion as the parties agree (based on negotiations carried on in good faith), or in the absence of such agreement, by the party which incurs such losses, additional costs or other damages.
Cost of variation. The Fee will be increased or decreased for all Variations which have been the subject of a direction by the Commonwealth's Representative: as agreed under clause 9.2(a); if paragraph (a) does not apply, in accordance with the rates and prices in the Schedule of Rates, if and insofar as the Commonwealth's Representative determines that those rates or prices are applicable to, or it is reasonable to use them for valuing, the Variation; or to the extent paragraphs (a) and (b) do not apply, by a reasonable amount: to be agreed between the parties; or failing agreement, determined by the Commonwealth's Representative; and if the Fee is adjusted under this clause 9.3 and a Milestone Fee Payment Schedule applies, the Milestone Fee Payment Schedule will be adjusted on a pro rata basis: to be agreed between the parties; or failing agreement, determined by the Commonwealth's Representative.
Cost of variation. The Fee will be increased or decreased for all Variations which have been the subject of a direction by the Contract Administrator: as agreed under clause 8.2(a); if paragraph (a) does not apply, in accordance with the rates and prices in the Table of Variation Rates and Prices, if and insofar as the Contract Administrator determines that those rates or prices are applicable to, or it is reasonable to use them for valuing, the Variation; or to the extent paragraphs (a) and (b) do not apply, by a reasonable amount: to be agreed between the parties; or failing agreement, determined by the Contract Administrator.
Cost of variation. The Fee will be increased or decreased for all Variations which have been the subject of a direction by the Contractor's Representative: as agreed under clause 9.2(a); if paragraph (a) does not apply, in accordance with the rates and prices in the Schedule of Rates, if and insofar as the Contractor's Representative determines that those rates or prices are applicable to, or it is reasonable to use them for valuing, the Variation; or to the extent paragraphs (a) and (b) do not apply, by a reasonable amount: to be agreed between the parties; or failing agreement, determined by the Contractor's Representative; and if the Fee is adjusted under this clause 9.3 and a Milestone Fee Payment Schedule applies, the Milestone Fee Payment Schedule will be adjusted on a pro rata basis: to be agreed between the parties; or failing agreement, determined by the Contractor's Representative.
Cost of variation. The Fee will be increased or decreased for all Variations which have been the subject of a direction by the Consultant's Representative: as agreed under clause 9.2(a); if paragraph (a) does not apply, in accordance with the rates and prices in the Table of Variation Rates and Prices, if and insofar as the Consultant's Representative determines that those rates or prices are applicable to, or it is reasonable to use them for valuing, the Variation; or to the extent paragraphs (a) and (b) do not apply, by a reasonable amount: to be agreed between the parties; or failing agreement, determined by the Consultant's Representative, provided that the amount of the increase or decrease cannot exceed the corresponding amount determined by the DSC Contract Administrator under clause 9.3 of the Design Services Contract.
Cost of variation. Subject to clauses 5.7(c), 9.5(b), 9.11 and 15, any losses, additional costs (excluding Charges) or other damage suffered by a party in complying with a variation under clauses 9, 19.2 and 22 will be borne between the parties to this Agreement in such proportions as the parties agree (based on negotiations carried on in good faith) or, in the absence of such agreement, and subject to a party’s obligations under clauses 5.7(c) and 15 to indemnify the other in the circumstances set out in those clauses, by the party which incurs such losses, additional costs or other damages.
Cost of variation. Subject to Clause 11.4, the Independent Monitor will be entitled to be paid the fee in respect of a Variation which shall be mutually agreed between the Government and the Independent Monitor.
Cost of variation. The Fee will be increased or decreased for all Variations which have been the subject of a direction by the Commonwealth's Representative:
Cost of variation. (a) Subject to Section 8.2 [No Adjustment], the Fee shall be adjusted for all Variations or suspensions pursuant to Section 5.3(a) by:
Cost of variation. Subject to clauses 9.9(b) and 11.8, the amounts payable under the Contract will be adjusted as follows: where the Variation requires more or less Reimbursable Work, the adjustments to the Reimbursable Costs will be valued as follows: as agreed under clause 11.2(c); if subsubparagraph A does not apply, in accordance with the rates or prices included in any schedule of rates or schedule of prices under any relevant Approved Subcontract Agreement, if and insofar as the Contract Administrator determines that those rates or prices are applicable to the Variation; or if subsubparagraph B does not apply, the amount of the cost properly and actually incurred or saved, or which ought reasonably to have been incurred or saved, by the Contractor as determined by the Contract Administrator; in the case of a Planning Phase Strategic Works Variation or a Design Continuation Variation, the adjustment to the Contractor's Work Fee (Planning) will be: as agreed under clause 11.2(c); if subsubparagraph A does not apply, in accordance with the rates and prices in the Table of Variation Rates and Prices, if and insofar as the Contract Administrator determines that those rates or prices are applicable; or if subsubparagraph B does not apply, the amount of the cost properly and actually incurred or saved, or which ought reasonably to have been incurred or saved, by the Contractor as determined by the Contract Administrator, to which will be added or from which will be subtracted the percentage set out in the Table of Variation Rates and Prices of the amount otherwise calculated under this subparagraph (ii); and
