Common use of MATERIAL VARIATIONS Clause in Contracts

MATERIAL VARIATIONS. 24.1 Either Party may request a material variation to this Agreement (a “Material Variation”) pursuant to the process set out in this Clause 24. 24.2 A Party may request a Material Variation at any time by sending the request in writing to the Sightsavers Contract Officer or the Subcontract Contract Officer, as relevant. The request shall contain sufficient information setting out: 24.2.1 the extent of the proposed Material Variation and any additional cost that may be incurred; and 24.2.2 a formal, technical and commercial justification. 24.3 In the event that the Parties are unable to agree to a Material Variation Sightsavers may: 24.3.1 continue to perform its obligations under this Agreement without the Material Variation; or 24.3.2 in the event that it requested the Material Variation, terminate this Agreement with immediate effect, in accordance with this Agreement or where the Subcontractor can show evidence of substantial work having been carried out to provide the Services under this Agreement, the Parties shall treat this as a dispute in accordance with the Dispute Resolution Procedure in Clause 34. 24.4 If the Parties agree the Material Variation, the Material Variation shall be effected upon both Parties signing a contract amendment letter, in such form as may be reasonably specified by Sightsavers (the “Contract Amendment Letter”) and the Subcontractor shall implement such Material Variation and be bound by the same provisions so far as it is applicable, as though such Material Variation was stated in this Agreement. Sightsavers will not pay for any extra-contractual action, activity or expenditure otherwise undertaken by the Supplier where the Parties have not agreed it in writing in an executed Contract Amendment Letter in accordance with this Clause 24 for such costs to be incurred or for the additional activity to be undertaken. The Subcontractor shall promptly return on request by Sightsavers, any monies which Sightsavers may have paid the Subcontractor in respect of activities or payments which have not been authorised by Sightsavers in accordance with this Clause 24.

MATERIAL VARIATIONS. 24.1 Either Party may request a material variation to this Agreement (a “Material Variation”) pursuant to the process set out in this Clause 24. 24.2 . A Party may request a Material Variation at any time by sending the request in writing to the Sightsavers Contract Officer or the Subcontract Contract Officer, as relevant. The request shall contain sufficient information setting out: 24.2.1 : the extent of the proposed Material Variation and any additional cost that may be incurred; and 24.2.2 and a formal, technical and commercial justification. 24.3 . In the event that the Parties are unable to agree to a Material Variation Sightsavers may: 24.3.1 : continue to perform its obligations under this Agreement without the Material Variation; or 24.3.2 or in the event that it requested the Material Variation, terminate this Agreement with immediate effect, in accordance with this Agreement or where the Subcontractor can show evidence of substantial work having been carried out to provide the Services under this Agreement, the Parties shall treat this as a dispute in accordance with the Dispute Resolution Procedure in Clause 34. 24.4 . If the Parties agree the Material Variation, the Material Variation shall be effected upon both Parties signing a contract amendment letter, in such form as may be reasonably specified by Sightsavers (the “Contract Amendment Letter”) and the Subcontractor shall implement such Material Variation and be bound by the same provisions so far as it is applicable, as though such Material Variation was stated in this Agreement. Sightsavers will not pay for any extra-contractual action, activity or expenditure otherwise undertaken by the Supplier where the Parties have not agreed it in writing in an executed Contract Amendment Letter in accordance with this Clause 24 for such costs to be incurred or for the additional activity to be undertaken. The Subcontractor shall promptly return on request by Sightsavers, any monies which Sightsavers may have paid the Subcontractor in respect of activities or payments which have not been authorised by Sightsavers in accordance with this Clause 24.