Common use of Notice of Variation Clause in Contracts

Notice of Variation. If the Subcontractor believes a direction by the Contractor's Representative, other than a Variation Order under clause 10.2, constitutes or involves a Variation it must within 7 days of, and before complying with, the direction give notice to the Contractor's Representative that it considers the direction constitutes or involves a Variation. If the notice in paragraph (a) is not given: the Subcontract Price will not be adjusted as a result of that direction; and to the extent permitted by law, the Subcontractor will not be entitled to make (nor will the Contractor be liable upon) any claim (whether under the Subcontract or otherwise at law or in equity) arising out of or in connection with that direction. Despite that the Subcontractor considers that such a direction by the Contractor's Representative constitutes or involves a Variation, the Subcontractor must continue to perform the Subcontractor's Activities in accordance with the Subcontract and all directions of the Contractor's Representative, including any direction in respect of which notice has been given under this clause 10.4.

Appears in 3 contracts

Samples: Formal Agreement, Formal Agreement, Formal Agreement

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Notice of Variation. If the Subcontractor believes a direction by the Contractor's Representative, other than a Variation Order direction under clause 10.27.3 or a "Variation Order" under clause 10.1, constitutes or involves a Variation it must within 7 days of, and before complying with, the direction give notice to the Contractor's Representative that it considers the direction constitutes or involves a Variation. If the this notice in paragraph (a) is not given: the Subcontract Price will not be adjusted as a result of that direction; and to the extent permitted by law, the Subcontractor Contractor will not be entitled to make (nor will the Contractor be liable upon) upon any claim (whether under by the Subcontract or otherwise at law or in equity) Subcontractor arising out of or in connection with that direction, whether under the Subcontract or (insofar as is permitted by law) any other principle of law. Despite that the Subcontractor considers that such a direction by the Contractor's Representative constitutes or involves a Variation, the Subcontractor must continue to perform the Subcontractor's Activities in accordance with the Subcontract and all directions of the Contractor's Representative, including any direction in respect of which notice has been given under this clause 10.4clause.

Appears in 1 contract

Samples: Formal Agreement

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Notice of Variation. If the Subcontractor believes a direction by the Contractor's Representative, other than a direction under clause 7.3 or a Variation Order under clause 10.2, 10.2 constitutes or involves a Variation it must within 7 days of, and before complying with, the direction give notice to the Contractor's Representative that it considers the direction constitutes or involves a Variation. If the this notice in paragraph (a) is not given: the Subcontract Price will not be adjusted as a result of that direction; and to the extent permitted by law, the Subcontractor will not be entitled to make (nor will the Contractor be liable upon) any claim (whether under the Subcontract or otherwise at law or in equity) arising out of or in connection with that direction. Despite that the Subcontractor considers that such a direction by the Contractor's Representative constitutes or involves a Variation, the Subcontractor must continue to perform the Subcontractor's Activities in accordance with the Subcontract and all directions of the Contractor's Representative, including any direction in respect of which notice has been given under this clause 10.4.

Appears in 1 contract

Samples: Formal Agreement

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