Common use of Variation Procedure Clause in Contracts

Variation Procedure. Subject to the provisions of this Clause 21 and of Call Off Schedule 3 (Call Off Contract Charges, Payment and Invoicing), either Party may request a variation to this Call Off Contract provided that such variation does not amount to a material change of this Call Off Contract within the meaning of the Regulations and the Law. Such a change once implemented is hereinafter called a Variation. A Party may request a Variation by completing and sending the Variation Form to the other Party giving sufficient information for the receiving Party to assess the extent of the proposed Variation and any additional cost that may be incurred. The Customer may require the Supplier to carry out an impact assessment of the Variation on the Services (the Impact Assessment). The Impact Assessment shall be completed in good faith and shall include: details of the impact of the proposed Variation on the Services and the Supplier's ability to meet its other obligations under this Call Off Contract; details of the cost of implementing the proposed Variation; details of the ongoing costs required by the proposed Variation when implemented, including any increase or decrease in the Call Off Contract Charges, any alteration in the resources and/or expenditure required by either Party and any alteration to the working practices of either Party; a timetable for the implementation, together with any proposals for the testing of the Variation; and such other information as the Customer may reasonably request in (or in response to) the Variation request. [Where the Customer has requested the Variation and the Supplier can show that the Impact Assessment required resources other than those ordinarily deployed in the provision of the Services the Customer shall pay any reasonable costs incurred by the Supplier in producing the Impact Assessment.] The Parties may agree to adjust the time limits specified in the Variation request to allow for the preparation of the Impact Assessment. Subject to 21.1.5, the receiving Party shall respond to the request within the time limits specified in the Variation Form. Such time limits shall be reasonable and ultimately at the discretion of the Customer having regard to the nature of the Order and the proposed Variation. In the event that: the Supplier is unable to agree to or provide the Variation; and/or the Parties are unable to agree a change to the Call Off Contract Charges that may be included in a request of a Variation or response to it as a consequence thereof, the Customer may: agree to continue to perform its obligations under this Call Off Contract without the Variation; or terminate this Call Off Contract with immediate effect, except where the Supplier has already fulfilled part or all of the Order in accordance with this Call Off Contract or where the Supplier can show evidence of substantial work being carried out to fulfil the Order, and in such a case the Parties shall attempt to agree upon a resolution to the matter. Where a resolution cannot be reached, the matter shall be dealt with under the Dispute Resolution Procedure. If the Parties agree the Variation, the Supplier shall implement such Variation and be bound by the same provisions so far as is applicable, as though such Variation was stated in this Call Off Contract.

Appears in 4 contracts

Samples: Agreement, Local Authority Software Applications Call Off Terms, assets.crowncommercial.gov.uk

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Variation Procedure. Subject to the provisions of this Clause 21 22 and of Call Off Schedule 3 (Call Off Contract Charges, Payment and Invoicing), either Party may request a variation to this Call Off Contract provided that such variation does not amount to a material change of this Call Off Contract within the meaning of the Regulations and the Law. Such a change once implemented is hereinafter called a "Variation". A Party may request a Variation by completing completing, signing and sending the Variation Form to the other Party giving sufficient information for the receiving Party to assess the extent of the proposed Variation and any additional cost that may be incurred. The Where the Customer may require has so specified on receipt of a Variation Form from the Supplier, the Supplier to shall carry out an impact assessment of the Variation on the Services (the Impact Assessment). The Impact Assessment shall be completed in good faith and shall include: details of the impact of the proposed Variation on the Services and the Supplier's ability to meet its other obligations under this Call Off Contract; details of the cost of implementing the proposed Variation; details of the ongoing costs required by the proposed Variation when implemented, including any increase or decrease in the Call Off Contract Charges, any alteration in the resources and/or expenditure required by either Party and any alteration to the working practices of either Party; a timetable for the implementation, together with any proposals for the testing of the Variation; and such other information as the Customer may reasonably request in (or in response to) the Variation request. [Where the Customer has requested the Variation and the Supplier can show that the Impact Assessment required resources other than those ordinarily deployed in the provision of the Services the Customer shall pay any reasonable costs incurred by the Supplier in producing the Impact Assessment.] The Parties may agree to adjust the time limits specified in the Variation request Form to allow for the preparation of the Impact Assessment. Subject to 21.1.522.1.4, the receiving Party shall respond to the request within the time limits specified in the Variation Form. Such time limits shall be reasonable and ultimately at the discretion of the Customer having regard to the nature of the Order Services and the proposed Variation. In the event that: the Supplier is unable to agree to or provide the Variation; and/or the Parties are unable to agree a change to the Call Off Contract Charges that may be included in a request of a Variation or response to it as a consequence thereof, the Customer may: agree to continue to perform its obligations under this Call Off Contract without the Variation; or terminate this Call Off Contract with immediate effect, except where the Supplier has already fulfilled part or all of the Order provision of the Services in accordance with this Call Off Contract or where the Supplier can show evidence of substantial work being carried out to fulfil provide the OrderServices under this Call Off Contract, and in such a case the Parties shall attempt to agree upon a resolution to the matter. Where a resolution cannot be reached, the matter shall be dealt with under the Dispute Resolution Procedure. If the Parties agree the Variation, the Supplier shall implement such Variation and be bound by the same provisions so far as is applicable, as though such Variation was stated in this Call Off Contract.

Appears in 4 contracts

Samples: assets.crowncommercial.gov.uk, assets.crowncommercial.gov.uk, assets.crowncommercial.gov.uk

Variation Procedure. Subject to the provisions of this Clause 21 22 and of Call Off Schedule 3 (Call Off Contract Charges, Payment and Invoicing), either Party may request a variation to this Call Off Contract provided that such variation does not amount to a material change of this Call Off Contract within the meaning of the Regulations and the Law. Such a change once implemented is hereinafter called a "Variation". A Party may request a Variation by completing completing, signing and sending the Variation Form to the other Party giving sufficient information for the receiving Party to assess the extent of the proposed Variation and any additional cost that may be incurred. The Where the Customer may require has so specified on receipt of a Variation Form from the Supplier to Service Provider, the Service Provider shall carry out an impact assessment of the Variation on the Services (the Impact Assessment). The Impact Assessment shall be completed in good faith and shall include: details of the impact of the proposed Variation on the Services and the SupplierService Provider's ability to meet its other obligations under this Call Off Contract; details of the cost of implementing the proposed Variation; details of the ongoing costs required by the proposed Variation when implemented, including any increase or decrease in the Call Off Contract Charges, any alteration in the resources and/or expenditure required by either Party and any alteration to the working practices of either Party; a timetable for the implementation, together with any proposals for the testing of the Variation; and such other information as the Customer may reasonably request in (or in response to) the Variation request. [Where the Customer has requested the Variation and the Supplier can show that the Impact Assessment required resources other than those ordinarily deployed in the provision of the Services the Customer shall pay any reasonable costs incurred by the Supplier in producing the Impact Assessment.] The Parties may agree to adjust the time limits specified in the Variation request Form to allow for the preparation of the Impact Assessment. Subject to 21.1.522.1.4, the receiving Party shall respond to the request within the time limits specified in the Variation Form. Such time limits shall be reasonable and ultimately at the discretion of the Customer having regard to the nature of the Order Services and the proposed Variation. In the event that: the Supplier Service Provider is unable to agree to or provide the Variation; and/or the Parties are unable to agree a change to the Call Off Contract Charges that may be included in a request of a Variation or response to it as a consequence thereof, the Customer may: agree to continue to perform its obligations under this Call Off Contract without the Variation; or terminate this Call Off Contract with immediate effect, except where the Supplier Service Provider has already fulfilled part or all of the Order provision of the Services in accordance with this Call Off Contract or where the Supplier Service Provider can show evidence of substantial work being carried out to fulfil provide the OrderServices under this Call Off Contract, and in such a case the Parties shall attempt to agree upon a resolution to the matter. Where a resolution cannot be reached, the matter shall be dealt with under the Dispute Resolution Procedure. If the Parties agree the Variation, the Supplier Service Provider shall implement such Variation and be bound by the same provisions so far as is applicable, as though such Variation was stated in this Call Off Contract.

Appears in 3 contracts

Samples: assets.crowncommercial.gov.uk, assets.crowncommercial.gov.uk, assets.crowncommercial.gov.uk

Variation Procedure. Subject to the provisions of this Clause 21 22 and of Call Off Schedule 3 (Call Off Contract Charges, Payment and Invoicing), either Party may request a variation to this Call Off Contract provided that such variation does not amount to a material change of this Call Off Contract within the meaning of the Regulations and the Law. Such a change once implemented is hereinafter called a "Variation". A Party may request a Variation by completing and sending the Variation Form to the other Party giving sufficient information for the receiving Party to assess the extent of the proposed Variation and any additional cost that may be incurred. The Customer may require the Supplier to carry out an impact assessment of the Variation on the Goods and/or Services (the Impact Assessment). The Impact Assessment shall be completed in good faith and shall include: details of the impact of the proposed Variation on the Goods and/or Services and the Supplier's ability to meet its other obligations under this Call Off Contract; details of the cost of implementing the proposed Variation; details of the ongoing costs required by the proposed Variation when implemented, including any increase or decrease in the Call Off Contract Charges, any alteration in the resources and/or expenditure required by either Party and any alteration to the working practices of either Party; a timetable for the implementation, together with any proposals for the testing of the Variation; and such other information as the Customer may reasonably request in (or in response to) the Variation request. [Where the Customer has requested the Variation and the Supplier can show that the Impact Assessment required resources other than those ordinarily deployed in the provision of the Services the Customer shall pay any reasonable costs incurred by the Supplier in producing the Impact Assessment.] The Parties may agree to adjust the time limits specified in the Variation request to allow for the preparation of the Impact Assessment. Subject to 21.1.522.1.4, the receiving Party shall respond to the request within the time limits specified in the Variation Form. Such time limits shall be reasonable and ultimately at the discretion of the Customer having regard to the nature of the Order and the proposed Variation. In the event that: the Supplier is unable to agree to or provide the Variation; and/or the Parties are unable to agree a change to the Call Off Contract Charges that may be included in a request of a Variation or response to it as a consequence thereof, the Customer may: agree to continue to perform its obligations under this Call Off Contract without the Variation; or terminate this Call Off Contract with immediate effect, except where the Supplier has already fulfilled part or all of the Order in accordance with this Call Off Contract or where the Supplier can show evidence of substantial work being carried out to fulfil the Order, and in such a case the Parties shall attempt to agree upon a resolution to the matter. Where a resolution cannot be reached, the matter shall be dealt with under the Dispute Resolution Procedure. If the Parties agree the Variation, the Supplier shall implement such Variation and be bound by the same provisions so far as is applicable, as though such Variation was stated in this Call Off Contract.

Appears in 3 contracts

Samples: assets.crowncommercial.gov.uk, assets.crowncommercial.gov.uk, assets.crowncommercial.gov.uk

Variation Procedure. Subject to the provisions of this Clause 21 22 and of Call Off Schedule 3 (Call Off Contract Charges, Payment and Invoicing), either Party may request a variation to this Call Off Contract provided that such variation does not amount to a material change of this Call Off Contract within the meaning of the Regulations and the Law. Such a change once implemented is hereinafter called a "Variation". A Party may request a Variation by completing and sending the Variation Form to the other Party giving sufficient information for the receiving Party to assess the extent of the proposed Variation and any additional cost that may be incurred. The Customer may require the Supplier to carry out an impact assessment of the Variation on the Services (the Impact Assessment). The Impact Assessment shall be completed in good faith and shall include: details of the impact of the proposed Variation on the Services and the Supplier's ability to meet its other obligations under this Call Off Contract; details of the cost of implementing the proposed Variation; details of the ongoing on going costs required by the proposed Variation when implemented, including any increase or decrease in the Call Off Contract Charges, any alteration in the resources and/or expenditure required by either Party and any alteration to the working practices of either Party; a timetable for the implementation, together with any proposals for the testing of the Variation; and such other information as the Customer may reasonably request in (or in response to) the Variation request. [Where the Customer has requested the Variation and the Supplier can show that the Impact Assessment required resources other than those ordinarily deployed in the provision of the Services the Customer shall pay any reasonable costs incurred by the Supplier in producing the Impact Assessment.] The Parties may agree to adjust the time limits specified in the Variation request to allow for the preparation of the Impact Assessment. Subject to 21.1.522.1.4, the receiving Party shall respond to the request within the time limits specified in the Variation Form. Such time limits shall be reasonable and ultimately at the discretion of the Customer having regard to the nature of the Order and the proposed Variation. In the event that: the Supplier is unable to agree to or provide the Variation; and/or the Parties are unable to agree a change to the Call Off Contract Charges that may be included in a request of a Variation or response to it as a consequence thereof, the Customer may: agree to continue to perform its obligations under this Call Off Contract without the Variation; or terminate this Call Off Contract with immediate effect, except where the Supplier has already fulfilled part or all of the Order in accordance with this Call Off Contract or where the Supplier can show evidence of substantial work being carried out to fulfil the Order, and in such a case the Parties shall attempt to agree upon a resolution to the matter. Where a resolution cannot be reached, the matter shall be dealt with under the Dispute Resolution Procedure. If the Parties agree the Variation, the Supplier shall implement such Variation and be bound by the same provisions so far as is applicable, as though such Variation was stated in this Call Off Contract.

Appears in 3 contracts

Samples: assets.crowncommercial.gov.uk, www.contractsfinder.service.gov.uk, data.gov.uk

Variation Procedure. Subject to the provisions of this Clause 21 22 and of Call Off Schedule 3 (Call Off Contract Charges, Payment and Invoicing), either Party may request a variation to this Call Off Contract provided that such variation does not amount to a material change of this Call Off Contract within the meaning of the Regulations and the Law. Such a change once implemented is hereinafter called a "Variation". A Party may request a Variation by completing completing, signing and sending the Variation Form to the other Party giving sufficient information for the receiving Party to assess the extent of the proposed Variation and any additional cost that may be incurred. The Where the Customer may require has so specified on receipt of a Variation Form from the Supplier, the Supplier to shall carry out an impact assessment of the Variation on the Goods and/or Services (the Impact Assessment). The Impact Assessment shall be completed in good faith and shall include: details of the impact of the proposed Variation on the Goods and/or Services and the Supplier's ability to meet its other obligations under this Call Off Contract; details of the cost of implementing the proposed Variation; details of the ongoing costs required by the proposed Variation when implemented, including any increase or decrease in the Call Off Contract Charges, any alteration in the resources and/or expenditure required by either Party and any alteration to the working practices of either Party; a timetable for the implementation, together with any proposals for the testing of the Variation; and such other information as the Customer may reasonably request in (or in response to) the Variation request. [Where the Customer has requested the Variation and the Supplier can show that the Impact Assessment required resources other than those ordinarily deployed in the provision of the Services the Customer shall pay any reasonable costs incurred by the Supplier in producing the Impact Assessment.] The Parties may agree to adjust the time limits specified in the Variation request Form to allow for the preparation of the Impact Assessment. Subject to 21.1.522.1.4, the receiving Party shall respond to the request within the time limits specified in the Variation Form. Such time limits shall be reasonable and ultimately at the discretion of the Customer having regard to the nature of the Order Goods and/or Services and the proposed Variation. In the event that: the Supplier is unable to agree to or provide the Variation; and/or the Parties are unable to agree a change to the Call Off Contract Charges that may be included in a request of a Variation or response to it as a consequence thereof, the Customer may: agree to continue to perform its obligations under this Call Off Contract without the Variation; or terminate this Call Off Contract with immediate effect, except where the Supplier has already fulfilled part or all of the Order provision of the Goods and/or Services in accordance with this Call Off Contract or where the Supplier can show evidence of substantial work being carried out to fulfil provide the OrderGoods and/or Services under this Call Off Contract, and in such a case the Parties shall attempt to agree upon a resolution to the matter. Where a resolution cannot be reached, the matter shall be dealt with under the Dispute Resolution Procedure. If the Parties agree the Variation, the Supplier shall implement such Variation and be bound by the same provisions so far as is applicable, as though such Variation was stated in this Call Off Contract.

Appears in 2 contracts

Samples: assets.crowncommercial.gov.uk, assets.crowncommercial.gov.uk

Variation Procedure. Subject to the provisions of this Clause 21 22. and of Call Off Schedule 3 (Call Off Contract Charges, Payment and Invoicing), either Party may request a variation to this Call Off Contract provided that such variation does not amount to a material change of this Call Off Contract within the meaning of the Regulations and the Law. Such a change once implemented is hereinafter called a "Variation". A Party may request a Variation by completing completing, signing and sending the Variation Form to the other Party giving sufficient information for the receiving Party to assess the extent of the proposed Variation and any additional cost that may be incurred. The Where the Customer may require has so specified on receipt of a Variation Form from the Supplier, the Supplier to shall carry out an impact assessment of the Variation on the Services (the Impact Assessment). The Impact Assessment shall be completed in good faith and shall include: details of the impact of the proposed Variation on the Services and the Supplier's ability to meet its other obligations under this Call Off Contract; details of the cost of implementing the proposed Variation; details of the ongoing costs required by the proposed Variation when implemented, including any increase or decrease in the Call Off Contract Charges, any alteration in the resources and/or expenditure required by either Party and any alteration to the working practices of either Party; a timetable for the implementation, together with any proposals for the testing of the Variation; and such other information as the Customer may reasonably request in (or in response to) the Variation request. [Where the Customer has requested the Variation and the Supplier can show that the Impact Assessment required resources other than those ordinarily deployed in the provision of the Services the Customer shall pay any reasonable costs incurred by the Supplier in producing the Impact Assessment.] The Parties may agree to adjust the time limits specified in the Variation request Form to allow for the preparation of the Impact Assessment. Subject to 21.1.522.1.4, the receiving Party shall respond to the request within the time limits specified in the Variation Form. Such time limits shall be reasonable and ultimately at the discretion of the Customer having regard to the nature of the Order Services and the proposed Variation. In the event that: the Supplier is unable to agree to or provide the Variation; and/or the Parties are unable to agree a change to the Call Off Contract Charges that may be included in a request of a Variation or response to it as a consequence thereof, the Customer may: agree to continue to perform its obligations under this Call Off Contract without the Variation; or terminate this Call Off Contract with immediate effect, except where the Supplier has already fulfilled part or all of the Order provision of the Services in accordance with this Call Off Contract or where the Supplier can show evidence of substantial work being carried out to fulfil provide the OrderServices under this Call Off Contract, and in such a case the Parties shall attempt to agree upon a resolution to the matter. Where a resolution cannot be reached, the matter shall be dealt with under the Dispute Resolution Procedure. If the Parties agree the Variation, the Supplier shall implement such Variation and be bound by the same provisions so far as is applicable, as though such Variation was stated in this Call Off Contract.

Appears in 2 contracts

Samples: assets.crowncommercial.gov.uk, assets.crowncommercial.gov.uk

Variation Procedure. Subject to the provisions of this Clause 21 22 and of Call Off Schedule 3 (Call Off Contract Charges, Payment and Invoicing), either Party may request a variation to this Call Off Contract provided that such variation does not amount to a material change of this Call Off Contract within the meaning of the Regulations and the Law. Such a change once implemented is hereinafter called a "Variation". A Party may request a Variation by completing completing, signing and sending the Variation Form to the other Party giving sufficient information for the receiving Party to assess the extent of the proposed Variation and any additional cost that may be incurred. The Where the Customer may require has so specified on receipt of a Variation Form from the Supplier, the Supplier to shall carry out an impact assessment of the Variation on the Goods and/or Services (the Impact Assessment). The Impact Assessment shall be completed in good faith and shall include: details of the impact of the proposed Variation on the Goods and/or Services and the Supplier's ability to meet its other obligations under this Call Off Contract; details of the cost of implementing the proposed Variation; details of the ongoing costs required by the proposed Variation when implemented, including any increase or decrease in the Call Off Contract Charges, any alteration in the resources and/or expenditure required by either Party and any alteration to the working practices of either Party; a timetable for the implementation, together with any proposals for the testing of the Variation; and such other information as the Customer may reasonably request in (or in response to) the Variation request. [Where the Customer has requested the Variation and the Supplier can show that the Impact Assessment required resources other than those ordinarily deployed in the provision of the Services the Customer shall pay any reasonable costs incurred by the Supplier in producing the Impact Assessment.] The Parties may agree to adjust the time limits specified in the Variation request Form to allow for the preparation of the Impact Assessment. Subject to 21.1.522.1.4, the receiving Party shall respond to the request within the time limits specified in the Variation Form. Such time limits shall be reasonable and ultimately at the discretion of the Customer having regard to the nature of the Order Goods and/or Services and the proposed Variation. In the event that: the Supplier is unable to agree to or provide the Variation; and/or the Parties are unable to agree a change to the Call Off Contract Charges that may be included in a request of a Variation or response to it as a consequence thereof, the Customer may: agree to continue to perform its obligations under this Call Off Contract without the Variation; or terminate this Call Off Contract with immediate effect, except where the Supplier has already fulfilled part or all of the Order in accordance with this Call Off Contract or where the Supplier can show evidence of substantial work being carried out to fulfil the Order, and in such a case the Parties shall attempt to agree upon a resolution to the matter. Where a resolution cannot be reached, the matter shall be dealt with under the Dispute Resolution Procedure. If the Parties agree the Variation, the Supplier shall implement such Variation and be bound by the same provisions so far as is applicable, as though such Variation was stated in this Call Off Contract.:

Appears in 2 contracts

Samples: Contract For, www.contractsfinder.service.gov.uk

Variation Procedure. Subject to the provisions of this Clause 21 22 and of Call Off Contract Schedule 3 (Call Off Contract Charges, Payment and Invoicing), either Party may request a variation to this Call Off Contract provided that such variation does not amount to a material change of this Call Off Contract within the meaning of the Regulations and the Law. Such a change once implemented is hereinafter called a "Variation". A Party may request a Variation by completing completing, signing and sending the Variation Form to the other Party giving sufficient information for the receiving Party to assess the extent of the proposed Variation and any additional cost that may be incurred. The Where the Customer may require has so specified on receipt of a Variation Form from the Supplier, the Supplier to shall carry out an impact assessment of the Variation on the Goods and/or Services (the Impact Assessment). The Impact Assessment shall be completed in good faith and shall include: details of the impact of the proposed Variation on the Goods and/or Services and the Supplier's Suppliers ability to meet its other obligations under this Call Off Contract; details of the cost of implementing the proposed Variation; details of the ongoing costs required by the proposed Variation when implemented, including any increase or decrease in the Call Off Contract Charges, any alteration in the resources and/or expenditure required by either Party and any alteration to the working practices of either Party; a timetable for the implementation, together with any proposals for the testing of the Variation; and such other information as the Customer may reasonably request in (or in response to) the Variation request. [Where the Customer has requested the Variation and the Supplier can show that the Impact Assessment required resources other than those ordinarily deployed in the provision of the Services the Customer shall pay any reasonable costs incurred by the Supplier in producing the Impact Assessment.] The Parties may agree to adjust the time limits specified in the Variation request Form to allow for the preparation of the Impact Assessment. Subject to 21.1.522.1.4, the receiving Party shall respond to the request within the time limits specified in the Variation Form. Such time limits shall be reasonable and ultimately at the discretion of the Customer having regard to the nature of the Order Goods and/or Services and the proposed Variation. In the event that: the Supplier is unable to agree to or provide the Variation; and/or the Parties are unable to agree a change to the Call Off Contract Charges that may be included in a request of a Variation or response to it as a consequence thereof, the Customer may: agree to continue to perform its obligations under this Call Off Contract without the Variation; or terminate this Call Off Contract with immediate effect, except where the Supplier has already fulfilled part or all of the Order provision of the Goods and/or Services in accordance with this Call Off Contract or where the Supplier can show evidence of substantial work being carried out to fulfil provide the OrderGoods and/or Services under this Contract, and in such a case the Parties shall attempt to agree upon a resolution to the matter. Where a resolution cannot be reached, the matter shall be dealt with under the Dispute Resolution Procedure. If the Parties agree the Variation, the Supplier shall implement such Variation and be bound by the same provisions so far as is applicable, as though such Variation was stated in this Call Off Contract.

Appears in 2 contracts

Samples: assets.crowncommercial.gov.uk, assets.crowncommercial.gov.uk

Variation Procedure. Subject to the provisions of this Clause 21 22. and of Call Off Schedule 3 (Call Off Contract Charges, Payment and Invoicing), either Party may request a variation to this Call Off Contract provided that such variation does not amount to a material change of this Call Off Contract within the meaning of the Regulations and the Law. Such a change once implemented is hereinafter called a "Variation". A Party may request a Variation by completing completing, signing and sending the Variation Form to the other Party giving sufficient information for the receiving Party to assess the extent of the proposed Variation and any additional cost that may be incurred. The Customer may require Where the Contracting Authority has so specified on receipt of a Variation Form from the Supplier, the Supplier to shall carry out an impact assessment of the Variation on the Services (the Impact Assessment). The Impact Assessment shall be completed in good faith and shall include: details of the impact of the proposed Variation on the Services and the Supplier's ’s ability to meet its other obligations under this Call Off Contract; details of the cost of implementing the proposed Variation; details of the ongoing costs required by the proposed Variation when implemented, including any increase or decrease in the Call Off Contract Charges, any alteration in the resources and/or expenditure required by either Party and any alteration to the working practices of either Party; a timetable for the implementation, together with any proposals for the testing of the Variation; and such other information as the Customer Contracting Authority may reasonably request in (or in response to) the Variation request. [Where the Customer has requested the Variation and the Supplier can show that the Impact Assessment required resources other than those ordinarily deployed in the provision of the Services the Customer shall pay any reasonable costs incurred by the Supplier in producing the Impact Assessment.] The Parties may agree to adjust the time limits specified in the Variation request Form to allow for the preparation of the Impact Assessment. Subject to 21.1.522.1.4, the receiving Party shall respond to the request within the time limits specified in the Variation Form. Such time limits shall be reasonable and ultimately at the discretion of the Customer Contracting Authority having regard to the nature of the Order Services and the proposed Variation. In the event that: the Supplier is unable to agree to or provide the Variation; and/or the Parties are unable to agree a change to the Call Off Contract Charges that may be included in a request of a Variation or response to it as a consequence thereof, the Customer Contracting Authority may: agree to continue to perform its obligations under this Call Off Contract without the Variation; or terminate this Call Off Contract with immediate effect, except where the Supplier has already fulfilled part or all of the Order provision of the Services in accordance with this Call Off Contract or where the Supplier can show evidence of substantial work being carried out to fulfil provide the OrderServices under this Call Off Contract, and in such a case the Parties shall attempt to agree upon a resolution to the matter. Where a resolution cannot be reached, the matter shall be dealt with under the Dispute Resolution Procedure. If the Parties agree the Variation, the Supplier shall implement such Variation and be bound by the same provisions so far as is applicable, as though such Variation was stated in this Call Off Contract.

Appears in 2 contracts

Samples: Framework Agreement, www.hcpc-uk.org

Variation Procedure. Subject to the provisions of this Clause 21 24 and of Call Off Schedule 3 (Call Off Contract Charges, Payment and Invoicing), either Party may request a variation to this Call Off Contract provided that such variation does not amount to a material change of this Call Off Contract within the meaning of the Regulations and the Law. Such a change once implemented is hereinafter called a "Variation". A Party may request a Variation by completing completing, signing and sending the Variation Form to the other Party giving sufficient information for the receiving Party to assess the extent of the proposed Variation and any additional cost that may be incurred. The Where the Customer may require has so specified on receipt of a Variation Form from the Supplier, the Supplier to shall carry out an impact assessment of the Variation on the Products and/or Services (the Impact Assessment). The Impact Assessment shall be completed in good faith and shall include: details of the impact of the proposed Variation on the Products and/or Services and the Supplier's ability to meet its other obligations under this Call Off Contract; details of the cost of implementing the proposed Variation; details of the ongoing costs required by the proposed Variation when implemented, including any increase or decrease in the Call Off Contract Charges, any alteration in the resources and/or expenditure required by either Party and any alteration to the working practices of either Party; a timetable for the implementation, together with any proposals for the testing of the Variation; and such other information as the Customer may reasonably request in (or in response to) the Variation request. [Where the Customer has requested the Variation and the Supplier can show that the Impact Assessment required resources other than those ordinarily deployed in the provision of the Services the Customer shall pay any reasonable costs incurred by the Supplier in producing the Impact Assessment.] The Parties may agree to adjust the time limits specified in the Variation request Form to allow for the preparation of the Impact Assessment. Subject to 21.1.524.1.4, the receiving Party shall respond to the request within the time limits specified in the Variation Form. Such time limits shall be reasonable and ultimately at the discretion of the Customer having regard to the nature of the Order and Products and/or Servicesand the proposed Variation. In the event that: the Supplier is unable to agree to or provide the Variation; and/or the Parties are unable to agree a change to the Call Off Contract Charges that may be included in a request of a Variation or response to it as a consequence thereof, the Customer may: agree to continue to perform its obligations under this Call Off Contract without the Variation; or terminate this Call Off Contract with immediate effect, except where the Supplier has already fulfilled part or all of the Order provision of the Products and/or Services in accordance with this Call Off Contract or where the Supplier can show evidence of substantial work being carried out to fulfil provide the OrderProducts and/or Services under this Call Off Contract, and in such a case the Parties shall attempt to agree upon a resolution to the matter. Where a resolution cannot be reached, the matter shall be dealt with under the Dispute Resolution Procedure. If the Parties agree the Variation, the Supplier shall implement such Variation and be bound by the same provisions so far as is applicable, as though such Variation was stated in this Call Off Contract.

Appears in 2 contracts

Samples: assets.crowncommercial.gov.uk, assets.webuat.crowncommercial.gov.uk

Variation Procedure. Subject to the provisions of this Clause 21 25 and of Call Off Schedule 3 (Call Off Contract Charges, Payment and Invoicing), either Party may request a variation to this Call Off Contract provided that such variation does not amount to a material change of this Call Off Contract within the meaning of the Regulations and the Law. Such a change once implemented is hereinafter called a "Variation". A Party may request a Variation by completing completing, signing and sending the Variation Form to the other Party giving sufficient information for the receiving Party to assess the extent of the proposed Variation and any additional cost that may be incurred. The Where the Customer may require has so specified on receipt of a Variation Form from the Supplier, the Supplier to shall carry out an impact assessment of the Variation on the Goods and/or Services (the Impact Assessment). The Impact Assessment shall be completed in good faith and shall include: details of the impact of the proposed Variation on the Goods and/or Services and the Supplier's ability to meet its other obligations under this Call Off Contract; details of the cost of implementing the proposed Variation; details of the ongoing costs required by the proposed Variation when implemented, including any increase or decrease in the Call Off Contract Charges, any alteration in the resources and/or expenditure required by either Party and any alteration to the working practices of either Party; a timetable for the implementation, together with any proposals for the testing of the Variation; and such other information as the Customer may reasonably request in (or in response to) the Variation request. [Where the Customer has requested the Variation and the Supplier can show that the Impact Assessment required resources other than those ordinarily deployed in the provision of the Services the Customer shall pay any reasonable costs incurred by the Supplier in producing the Impact Assessment.] The Parties may agree to adjust the time limits specified in the Variation request Form to allow for the preparation of the Impact Assessment. Subject to 21.1.526.1.4, the receiving Party shall respond to the request within the time limits specified in the Variation Form. Such time limits shall be reasonable and ultimately at the discretion of the Customer having regard to the nature of the Order Goods and/or Services and the proposed Variation. In the event that: the Supplier is unable to agree to or provide the Variation; and/or the Parties are unable to agree a change to the Call Off Contract Charges that may be included in a request of a Variation or response to it as a consequence thereof, the Customer may: agree to continue to perform its obligations under this Call Off Contract without the Variation; or terminate this Call Off Contract with immediate effect, except where the Supplier has already fulfilled part or all of the Order provision of the Goods and/or Services in accordance with this Call Off Contract or where the Supplier can show evidence of substantial work being carried out to fulfil provide the OrderGoods and/or Services under this Call Off Contract, and in such a case the Parties shall attempt to agree upon a resolution to the matter. Where a resolution cannot be reached, the matter shall be dealt with under the Dispute Resolution Procedure. If the Parties agree the Variation, the Supplier shall implement such Variation and be bound by the same provisions so far as is applicable, as though such Variation was stated in this Call Off Contract.

Appears in 2 contracts

Samples: assets.crowncommercial.gov.uk, assets.crowncommercial.gov.uk

Variation Procedure. Subject to the provisions of this Clause 21 22. and of Call Off Schedule 3 (Call Off Contract Charges, Payment and Invoicing), either Party may request a variation to this Call Off Contract provided that such variation does not amount to a material change of this Call Off Contract within the meaning of the Regulations and the Law. Such a change once implemented is hereinafter called a "Variation". A Party may request a Variation by completing completing, signing and sending the Variation Form to the other Party giving sufficient information for the receiving Party to assess the extent of the proposed Variation and any additional cost that may be incurred. The Where the Customer may require has so specified on receipt of a Variation Form from the Supplier, the Supplier to shall carry out an impact assessment of the Variation on the Goods and/or Services (the Impact Assessment). The Impact Assessment shall be completed in good faith and shall include: details of the impact of the proposed Variation on the Goods and/or Services and the Supplier's ability to meet its other obligations under this Call Off Contract; details of the cost of implementing the proposed Variation; details of the ongoing costs required by the proposed Variation when implemented, including any increase or decrease in the Call Off Contract Charges, any alteration in the resources and/or expenditure required by either Party and any alteration to the working practices of either Party; a timetable for the implementation, together with any proposals for the testing of the Variation; and such other information as the Customer may reasonably request in (or in response to) the Variation request. [Where the Customer has requested the Variation and the Supplier can show that the Impact Assessment required resources other than those ordinarily deployed in the provision of the Services the Customer shall pay any reasonable costs incurred by the Supplier in producing the Impact Assessment.] The Parties may agree to adjust the time limits specified in the Variation request Form to allow for the preparation of the Impact Assessment. Subject to 21.1.522.1.4, the receiving Party shall respond to the request within the time limits specified in the Variation Form. Such time limits shall be reasonable and ultimately at the discretion of the Customer having regard to the nature of the Order Goods and/or Services and the proposed Variation. In the event that: the Supplier is unable to agree to or provide the Variation; and/or the Parties are unable to agree a change to the Call Off Contract Charges that may be included in a request of a Variation or response to it as a consequence thereof, the Customer may: agree to continue to perform its obligations under this Call Off Contract without the Variation; or terminate this Call Off Contract with immediate effect, except where the Supplier has already fulfilled part or all of the Order provision of the Goods and/or Services in accordance with this Call Off Contract or where the Supplier can show evidence of substantial work being carried out to fulfil provide the OrderGoods and/or Services under this Call Off Contract, and in such a case the Parties shall attempt to agree upon a resolution to the matter. Where a resolution cannot be reached, the matter shall be dealt with under the Dispute Resolution Procedure. If the Parties agree the Variation, the Supplier shall implement such Variation and be bound by the same provisions so far as is applicable, as though such Variation was stated in this Call Off Contract.

Appears in 1 contract

Samples: www.whatdotheyknow.com

Variation Procedure. Subject to the provisions of this Clause 21 24 and of Call Off Schedule 3 (Call Off Contract Charges, Payment and Invoicing), either Party may request a variation to this Call Off Contract provided that such variation does not amount to a material change of this Call Off Contract within the meaning of the Regulations and the Law. Such a change once implemented is hereinafter called a "Variation". A Party may request a Variation by completing completing, signing and sending the Variation Form to the other Party giving sufficient information for the receiving Party to assess the extent of the proposed Variation and any additional cost that may be incurred. The Where the Customer may require has so specified on receipt of a Variation Form from the Supplier, the Supplier to shall carry out an impact assessment of the Variation on the Goods and/or Services (the Impact Assessment). The Impact Assessment shall be completed in good faith and shall include: details of the impact of the proposed Variation on the Goods and/or Services and the Supplier's ability to meet its other obligations under this Call Off Contract; details of the cost of implementing the proposed Variation; details of the ongoing costs required by the proposed Variation when implemented, including any increase or decrease in the Call Off Contract Charges, any alteration in the resources and/or expenditure required by either Party and any alteration to the working practices of either Party; a timetable for the implementation, together with any proposals for the testing of the Variation; and such other information as the Customer may reasonably request in (or in response to) the Variation request. [Where the Customer has requested the Variation and the Supplier can show that the Impact Assessment required resources other than those ordinarily deployed in the provision of the Services the Customer shall pay any reasonable costs incurred by the Supplier in producing the Impact Assessment.] The Parties may agree to adjust the time limits specified in the Variation request Form to allow for the preparation of the Impact Assessment. Subject to 21.1.524.1.4, the receiving Party shall respond to the request within the time limits specified in the Variation Form. Such time limits shall be reasonable and ultimately at the discretion of the Customer having regard to the nature of the Order Goods and/or Services and the proposed Variation. In the event that: the Supplier is unable to agree to or provide the Variation; and/or the Parties are unable to agree a change to the Call Off Contract Charges that may be included in a request of a Variation or response to it as a consequence thereof, the Customer may: agree to continue to perform its obligations under this Call Off Contract without the Variation; or terminate this Call Off Contract with immediate effect, except where the Supplier has already fulfilled part or all of the Order provision of the Goods and/or Services in accordance with this Call Off Contract or where the Supplier can show evidence of substantial work being carried out to fulfil provide the OrderGoods and/or Services under this Call Off Contract, and in such a case the Parties shall attempt to agree upon a resolution to the matter. Where a resolution cannot be reached, the matter shall be dealt with under the Dispute Resolution Procedure. If the Parties agree the Variation, the Supplier shall implement such Variation and be bound by the same provisions so far as is applicable, as though such Variation was stated in this Call Off Contract.

Appears in 1 contract

Samples: assets.crowncommercial.gov.uk

Variation Procedure. Subject to the provisions of this Clause 21 24 and of Call Off Schedule 3 (Call Off Contract Charges, Payment and Invoicing), either Party may request a variation to this Call Off Contract provided that such variation does not amount to a material change of this Call Off Contract within the meaning of the Regulations and the Law. Such a change once implemented is hereinafter called a "Variation". A Party may request a Variation by completing completing, signing and sending the Variation Form to the other Party giving sufficient information for the receiving Party to assess the extent of the proposed Variation and any additional cost that may be incurred. The Where the Customer may require has so specified on receipt of a Variation Form from the Supplier, the Supplier to shall carry out an impact assessment of the Variation on the Goods and/or Services (the Impact Assessment). The Impact Assessment shall be completed in good faith and shall include: details of the impact of the proposed Variation on the Goods and/or Services and the Supplier's ability to meet its other obligations under this Call Off Contract; details of the cost of implementing the proposed Variation; details of the ongoing costs required by the proposed Variation when implemented, including any increase or decrease in the Call Off Contract Charges, any alteration in the resources and/or expenditure required by either Party and any alteration to the working practices of either Party; a timetable for the implementation, together with any proposals for the testing of the Variation; and such other information as the Customer may reasonably request in (or in response to) the Variation request. [Where the Customer has requested the Variation and the Supplier can show that the Impact Assessment required resources other than those ordinarily deployed in the provision of the Services the Customer shall pay any reasonable costs incurred by the Supplier in producing the Impact Assessment.] The Parties may agree to adjust the time limits specified in the Variation request Form to allow for the preparation of the Impact Assessment. Subject to 21.1.525.1.4, the receiving Party shall respond to the request within the time limits specified in the Variation Form. Such time limits shall be reasonable and ultimately at the discretion of the Customer having regard to the nature of the Order Goods and/or Services and the proposed Variation. In the event that: the Supplier is unable to agree to or provide the Variation; and/or the Parties are unable to agree a change to the Call Off Contract Charges that may be included in a request of a Variation or response to it as a consequence thereof, the Customer may: agree to continue to perform its obligations under this Call Off Contract without the Variation; or terminate this Call Off Contract with immediate effect, except where the Supplier has already fulfilled part or all of the Order provision of the Goods and/or Services in accordance with this Call Off Contract or where the Supplier can show evidence of substantial work being carried out to fulfil provide the OrderGoods and/or Services under this Call Off Contract, and in such a case the Parties shall attempt to agree upon a resolution to the matter. Where a resolution cannot be reached, the matter shall be dealt with under the Dispute Resolution Procedure. If the Parties agree the Variation, the Supplier shall implement such Variation and be bound by the same provisions so far as is applicable, as though such Variation was stated in this Call Off Contract.

Appears in 1 contract

Samples: assets.crowncommercial.gov.uk

Variation Procedure. Subject to the provisions of this Clause 21 21. and of Call Off Schedule 3 (Call Off Contract Charges, Payment and Invoicing), either Party may request a variation to this Call Off Contract provided that such variation does not amount to a material change of this Call Off Contract within the meaning of the Regulations and the Law. Such a change once implemented is hereinafter called a Variation. A Party may request a Variation by completing and sending the Variation Form to the other Party giving sufficient information for the receiving Party to assess the extent of the proposed Variation and any additional cost that may be incurred. The Customer may require the Supplier to carry out an impact assessment of the Variation on the Services (the Impact Assessment). The Impact Assessment shall be completed in good faith and shall include: details of the impact of the proposed Variation on the Services and the Supplier's ability to meet its other obligations under this Call Off Contract; details of the cost of implementing the proposed Variation; details of the ongoing costs required by the proposed Variation when implemented, including any increase or decrease in the Call Off Contract Charges, any alteration in the resources and/or expenditure required by either Party and any alteration to the working practices of either Party; a timetable for the implementation, together with any proposals for the testing of the Variation; and such other information as the Customer may reasonably request in (or in response to) the Variation request. [Where the Customer has requested the Variation and the Supplier can show that the Impact Assessment required resources other than those ordinarily deployed in the provision of the Services the Customer shall pay any reasonable costs incurred by the Supplier in producing the Impact Assessment.] The Parties may agree to adjust the time limits specified in the Variation request to allow for the preparation of the Impact Assessment. Subject to 21.1.5, the receiving Party shall respond to the request within the time limits specified in the Variation Form. Such time limits shall be reasonable and ultimately at the discretion of the Customer having regard to the nature of the Order and the proposed Variation. In the event that: the Supplier is unable to agree to or provide the Variation; and/or the Parties are unable to agree a change to the Call Off Contract Charges that may be included in a request of a Variation or response to it as a consequence thereof, the Customer may: agree to continue to perform its obligations under this Call Off Contract without the Variation; or terminate this Call Off Contract with immediate effect, except where the Supplier has already fulfilled part or all of the Order in accordance with this Call Off Contract or where the Supplier can show evidence of substantial work being carried out to fulfil the Order, and in such a case the Parties shall attempt to agree upon a resolution to the matter. Where a resolution cannot be reached, the matter shall be dealt with under the Dispute Resolution Procedure. If the Parties agree the Variation, the Supplier shall implement such Variation and be bound by the same provisions so far as is applicable, as though such Variation was stated in this Call Off Contract.

Appears in 1 contract

Samples: Local Authority Software Applications Call Off Terms

Variation Procedure. Subject to the provisions of this Clause 21 22 and of Call Off Schedule 3 (Call Off Contract Charges, Payment and Invoicing), either Party may request a variation to this Call Off Contract provided that such variation does not amount to a material change of this Call Off Contract within the meaning of the Regulations and the Law. Such a change once implemented is hereinafter called a "Variation". A Party may request a Variation by completing completing, signing and sending the Variation Form to the other Party giving sufficient information for the receiving Party to assess the extent of the proposed Variation and any additional cost that may be incurred. The Where the Customer may require has so specified on receipt of a Variation Form from the Supplier, the Supplier to shall carry out an impact assessment of the Variation on the Services (the Impact Assessment). The Impact Assessment shall be completed in good faith and shall include: details of the impact of the proposed Variation on the Services and the Supplier's Suppliers ability to meet its other obligations under this Call Off Contract; details of the cost of implementing the proposed Variation; details of the ongoing costs required by the proposed Variation when implemented, including any increase or decrease in the Call Off Contract Charges, any alteration in the resources and/or expenditure required by either Party and any alteration to the working practices of either Party; a timetable for the implementation, together with any proposals for the testing of the Variation; and such other information as the Customer may reasonably request in (or in response to) the Variation request. [Where the Customer has requested the Variation and the Supplier can show that the Impact Assessment required resources other than those ordinarily deployed in the provision of the Services the Customer shall pay any reasonable costs incurred by the Supplier in producing the Impact Assessment.] The Parties may agree to adjust the time limits specified in the Variation request Form to allow for the preparation of the Impact Assessment. Subject to 21.1.522.1.4, the receiving Party shall respond to the request within the time limits specified in the Variation Form. Such time limits shall be reasonable and ultimately at the discretion of the Customer having regard to the nature of the Order Services and the proposed Variation. In the event that: the Supplier is unable to agree to or provide the Variation; and/or the Parties are unable to agree a change to the Call Off Contract Charges that may be included in a request of a Variation or response to it as a consequence thereof, the Customer may: agree to continue to perform its obligations under this Call Off Contract without the Variation; or terminate this Call Off Contract with immediate effect, except where the Supplier has already fulfilled part or all of the Order provision of the Services in accordance with this Call Off Contract or where the Supplier can show evidence of substantial work being carried out to fulfil provide the OrderServices under this Call Off Contract, and in such a case the Parties shall attempt to agree upon a resolution to the matter. Where a resolution cannot be reached, the matter shall be dealt with under the Dispute Resolution Procedure. If the Parties agree the Variation, the Supplier shall implement such Variation and be bound by the same provisions so far as is applicable, as though such Variation was stated in this Call Off Contract.

Appears in 1 contract

Samples: www.contractsfinder.service.gov.uk

Variation Procedure. Subject to the provisions of this Clause 21 23 and of Call Off Schedule 3 (Call Off Contract Charges, Payment and Invoicing), either Party may request a variation to this Call Off Contract provided that such variation does not amount to a material change of this Call Off Contract within the meaning of the Regulations and the Law. Such a change once implemented is hereinafter called a "Variation". A Party may request a Variation by completing completing, signing and sending the Variation Form to the other Party giving sufficient information for the receiving Party to assess the extent of the proposed Variation and any additional cost that may be incurred. The Where the Customer may require has so specified on receipt of a Variation Form from the Supplier, the Supplier to shall carry out an impact assessment of the Variation on the Services (the Impact Assessment). The Impact Assessment shall be completed in good faith and shall include: details of the impact of the proposed Variation on the Services and the Supplier's ability to meet its other obligations under this Call Off Contract; details of the cost of implementing the proposed Variation; details of the ongoing costs required by the proposed Variation when implemented, including any increase or decrease in the Call Off Contract Charges, any alteration in the resources and/or expenditure required by either Party and any alteration to the working practices of either Party; a timetable for the implementation, together with any proposals for the testing of the Variation; and such other information as the Customer may reasonably request in (or in response to) the Variation request. [Where the Customer has requested the Variation and the Supplier can show that the Impact Assessment required resources other than those ordinarily deployed in the provision of the Services the Customer shall pay any reasonable costs incurred by the Supplier in producing the Impact Assessment.] The Parties may agree to adjust the time limits specified in the Variation request Form to allow for the preparation of the Impact Assessment. Subject to 21.1.523.1.4, the receiving Party shall respond to the request within the time limits specified in the Variation Form. Such time limits shall be reasonable and ultimately at the discretion of the Customer having regard to the nature of the Order Services and the proposed Variation. In the event that: the Supplier is unable to agree to or provide the Variation; and/or the Parties are unable to agree a change to the Call Off Contract Charges that may be included in a request of a Variation or response to it as a consequence thereof, the Customer may: agree to continue to perform its obligations under this Call Off Contract without the Variation; or terminate this Call Off Contract with immediate effect, except where the Supplier has already fulfilled part or all of the Order provision of the Services in accordance with this Call Off Contract or where the Supplier can show evidence of substantial work being carried out to fulfil provide the OrderServices under this Call Off Contract, and in such a case the Parties shall attempt to agree upon a resolution to the matter. Where a resolution cannot be reached, the matter shall be dealt with under the Dispute Resolution Procedure. If the Parties agree the Variation, the Supplier shall implement such Variation and be bound by the same provisions so far as is applicable, as though such Variation was stated in this Call Off Contract.

Appears in 1 contract

Samples: assets.crowncommercial.gov.uk

Variation Procedure. Subject to the provisions of this Clause 21 22 and of Call Off Schedule 3 (Call Off Contract Charges, Payment and Invoicing), either Party may request a variation to this Call Off Contract provided that such variation does not amount to a material change of this Call Off Contract within the meaning of the Regulations and the Law. Such a change once implemented is hereinafter called a "Variation". A Party may request a Variation by completing completing, signing and sending the Variation Form to the other Party giving sufficient information for the receiving Party to assess the extent of the proposed Variation and any additional cost that may be incurred. The Where the Customer may require has so specified on receipt of a Variation Form from the Supplier, the Supplier to shall carry out an impact assessment of the Variation on the Goods and Services (the Impact Assessment). The Impact Assessment shall be completed in good faith and shall include: details of the impact of the proposed Variation on the Goods and Services and the Supplier's ability to meet its other obligations under this Call Off Contract; details of the cost of implementing the proposed Variation; details of the ongoing costs required by the proposed Variation when implemented, including any increase or decrease in the Call Off Contract Charges, any alteration in the resources and/or expenditure required by either Party and any alteration to the working practices of either Party; a timetable for the implementation, together with any proposals for the testing of the Variation; and such other information as the Customer may reasonably request in (or in response to) the Variation request. [Where the Customer has requested the Variation and the Supplier can show that the Impact Assessment required resources other than those ordinarily deployed in the provision of the Services the Customer shall pay any reasonable costs incurred by the Supplier in producing the Impact Assessment.] The Parties may agree to adjust the time limits specified in the Variation request Form to allow for the preparation of the Impact Assessment. Subject to 21.1.522.1.5, the receiving Party shall respond to the request within the time limits specified in the Variation Form. Such time limits shall be reasonable and ultimately at the discretion of the Customer having regard to the nature of the Order Goods and Services and the proposed Variation. In the event that: the Supplier is unable to agree to or provide the Variation; and/or the Parties are unable to agree a change to the Call Off Contract Charges that may be included in a request of a Variation or response to it as a consequence thereof, the Customer may: agree to continue to perform its obligations under this Call Off Contract without the Variation; or terminate this Call Off Contract with immediate effect, except where the Supplier has already fulfilled part or all of the Order provision of the Goods and Services in accordance with this Call Off Contract or where the Supplier can show evidence of substantial work being carried out to fulfil provide the OrderGoods and Services under this Call Off Contract, and in such a case the Parties shall attempt to agree upon a resolution to the matter. Where a resolution cannot be reached, the matter shall be dealt with under the Dispute Resolution Procedure. If the Parties agree the Variation, the Supplier shall implement such Variation and be bound by the same provisions so far as is applicable, as though such Variation was stated in this Call Off Contract.

Appears in 1 contract

Samples: assets.crowncommercial.gov.uk

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Variation Procedure. Subject to the provisions of this Clause 21 25 and of Call Off Lease Agreement Schedule 3 (Call Off Contract Lease Agreement Charges, Payment and Invoicing), either Party may request a variation to this Call Off Contract Lease Agreement provided that such variation does not amount to a material change of this Call Off Contract Lease Agreement within the meaning of the Regulations and the Law. Such a change once implemented is hereinafter called a "Variation". A Party may request a Variation by completing completing, signing and sending the Variation Form to the other Party giving sufficient information for the receiving Party to assess the extent of the proposed Variation and any additional cost that may be incurred. The Where the Customer may require has so specified on receipt of a Variation Form from the Supplier, the Supplier to shall carry out an impact assessment of the Variation on the Goods and/or Services (the Impact Assessment). The Impact Assessment shall be completed in good faith and shall include: details of the impact of the proposed Variation on the Goods and/or Services and the Supplier's ability to meet its other obligations under this Call Off ContractLease Agreement; details of the cost of implementing the proposed Variation; details of the ongoing costs required by the proposed Variation when implemented, including any increase or decrease in the Call Off Contract Lease Agreement Charges, any alteration in the resources and/or expenditure required by either Party and any alteration to the working practices of either Party; a timetable for the implementation, together with any proposals for the testing of the Variation; and such other information as the Customer may reasonably request in (or in response to) the Variation request. [Where the Customer has requested the Variation and the Supplier can show that the Impact Assessment required resources other than those ordinarily deployed in the provision of the Services the Customer shall pay any reasonable costs incurred by the Supplier in producing the Impact Assessment.] The Parties may agree to adjust the time limits specified in the Variation request Form to allow for the preparation of the Impact Assessment. Subject to 21.1.526.1.4, the receiving Party shall respond to the request within the time limits specified in the Variation Form. Such time limits shall be reasonable and ultimately at the discretion of the Customer having regard to the nature of the Order Goods and/or Services and the proposed Variation. In the event that: the Supplier is unable to agree to or provide the Variation; and/or the Parties are unable to agree a change to the Call Off Contract Lease Agreement Charges that may be included in a request of a Variation or response to it as a consequence thereof, the Customer may: agree to continue to perform its obligations under this Call Off Contract Lease Agreement without the Variation; or terminate this Call Off Contract Lease Agreement with immediate effect, except where the Supplier has already fulfilled part or all of the Order provision of the Goods and/or Services in accordance with this Call Off Contract Lease Agreement or where the Supplier can show evidence of substantial work being carried out to fulfil provide the OrderGoods and/or Services under this Lease Agreement, and in such a case the Parties shall attempt to agree upon a resolution to the matter. Where a resolution cannot be reached, the matter shall be dealt with under the Dispute Resolution Procedure. If the Parties agree the Variation, the Supplier shall implement such Variation and be bound by the same provisions so far as is applicable, as though such Variation was stated in this Call Off ContractLease Agreement.

Appears in 1 contract

Samples: Lease Agreement

Variation Procedure. Subject to the provisions of this Clause 21 25 and of Call Off Schedule 3 (Call Off Contract Charges, Payment and Invoicing), either Party may request a variation to this Call Off Contract provided that such variation does not amount to a material change of this Call Off Contract within the meaning of the Regulations and the Law. Such a change once implemented is hereinafter called a "Variation". A Party may request a Variation by completing completing, signing and sending the Variation Form to the other Party giving sufficient information for the receiving Party to assess the extent of the proposed Variation and any additional cost that may be incurred. The Where the Customer may require has so specified on receipt of a Variation Form from the Supplier, the Supplier to shall carry out an impact assessment of the Variation on the Services Goods and the delivery of purchased Goods (the Impact Assessment). The Impact Assessment shall be completed in good faith and shall include: details of the impact of the proposed Variation on the Services Goods and the delivery of purchased Goods and the Supplier's ability to meet its other obligations under this Call Off Contract; details of the cost of implementing the proposed Variation; details of the ongoing costs required by the proposed Variation when implemented, including any increase or decrease in the Call Off Contract Charges, any alteration in the resources and/or expenditure required by either Party and any alteration to the working practices of either Party; a timetable for the implementation, together with any proposals for the testing of the Variation; and such other information as the Customer may reasonably request in (or in response to) the Variation request. [Where the Customer has requested the Variation and the Supplier can show that the Impact Assessment required resources other than those ordinarily deployed in the provision of the Services the Customer shall pay any reasonable costs incurred by the Supplier in producing the Impact Assessment.] The Parties may agree to adjust the time limits specified in the Variation request Form to allow for the preparation of the Impact Assessment. Subject to 21.1.526.1.4, the receiving Party shall respond to the request within the time limits specified in the Variation Form. Such time limits shall be reasonable and ultimately at the discretion of the Customer having regard to the nature of the Order Goods and the delivery of purchased Goods and the proposed Variation. In the event that: the Supplier is unable to agree to or provide the Variation; and/or the Parties are unable to agree a change to the Call Off Contract Charges that may be included in a request of a Variation or response to it as a consequence thereof, the Customer may: agree to continue to perform its obligations under this Call Off Contract without the Variation; or terminate this Call Off Contract with immediate effect, except where the Supplier has already fulfilled part or all of the Order provision of the Goods and the delivery of purchased Goods in accordance with this Call Off Contract or where the Supplier can show evidence of substantial work being carried out to fulfil provide the OrderGoods and the delivery of purchased Goods under this Call Off Contract, and in such a case the Parties shall attempt to agree upon a resolution to the matter. Where a resolution cannot be reached, the matter shall be dealt with under the Dispute Resolution Procedure. If the Parties agree the Variation, the Supplier shall implement such Variation and be bound by the same provisions so far as is applicable, as though such Variation was stated in this Call Off Contract.

Appears in 1 contract

Samples: assets.crowncommercial.gov.uk

Variation Procedure. Subject to the provisions of this Clause 21 19 and of Call Call-Off Schedule 3 (Call Call-Off Contract Charges, Payment and Invoicing), either Party may request a variation to this Call Call-Off Contract provided that such variation does not amount to a material change of this Call Call-Off Contract within the meaning of the Regulations and the Law. Such a change once implemented is hereinafter called a "Variation". A Party may request a Variation by completing and sending the Variation Form to the other Party giving sufficient information for the receiving Party to assess the extent of the proposed Variation and any additional cost that may be incurred. The Customer may require the Supplier to carry out an impact assessment of the Variation on the Services (the Impact Assessment). The Impact Assessment shall be completed in good faith and shall include: details of the impact of the proposed Variation on the Services and the Supplier's ability to meet its other obligations under this Call Call-Off Contract; details of the cost of implementing the proposed Variation; details of the ongoing costs required by the proposed Variation when implemented, including any increase or decrease in the Call Call-Off Contract Charges, any alteration in the resources and/or expenditure required by either Party and any alteration to the working practices of either Party; a timetable for the implementation, together with any proposals for the testing of the Variation; and such other information as the Customer may reasonably request in (or in response to) the Variation request. [Where the Customer has requested the Variation and the Supplier can show that the Impact Assessment required resources other than those ordinarily deployed in the provision of the Services the Customer shall pay any reasonable costs incurred by the Supplier in producing the Impact Assessment.] The Parties may agree to adjust the time limits specified in the Variation request to allow for the preparation of the Impact Assessment. Subject to 21.1.5clause 19.1.4, the receiving Party shall respond to the request within the time limits specified in the Variation Form. Such time limits shall be reasonable and ultimately at the discretion of the Customer having regard to the nature of the Order and the proposed Variation. In the event that: the Supplier is unable to agree to or provide the Variation; and/or the Parties are unable to agree a change to the Call Call-Off Contract Charges that may be included in a request of a Variation or response to it as a consequence thereof, the Customer may: agree to continue to perform its obligations under this Call Call-Off Contract without the Variation; or terminate this Call Call-Off Contract with immediate effect, except where the Supplier has already fulfilled part or all of the Order in accordance with this Call Call-Off Contract or where the Supplier can show evidence of substantial work being carried out to fulfil the Order, and in such a case the Parties shall attempt to agree upon a resolution to the matter. Where a resolution cannot be reached, the matter shall be dealt with under the Dispute Resolution Procedure. If the Parties agree the Variation, the Supplier shall implement such Variation and be bound by the same provisions so far as is applicable, as though such Variation was stated in this Call Call-Off Contract.

Appears in 1 contract

Samples: assets.crowncommercial.gov.uk

Variation Procedure. Subject to the provisions of this Clause 21 22 and of Call Off Contract Schedule 3 (Call Off Contract Charges, Payment and Invoicing), either Party may request a variation to this Call Off Contract provided that such variation does not amount to a material change of this Call Off Contract within the meaning of the Regulations and the Law. Such a change once implemented is hereinafter called a "Variation". A Party may request a Variation by completing completing, signing and sending the Variation Form to the other Party giving sufficient information for the receiving Party to assess the extent of the proposed Variation and any additional cost that may be incurred. The Where the Customer may require has so specified on receipt of a Variation Form from the Supplier, the Supplier to shall carry out an impact assessment of the Variation on the Goods and/or Services (the Impact Assessment). The Impact Assessment shall be completed in good faith and shall include: details of the impact of the proposed Variation on the Goods and/or Services and the Supplier's Suppliers ability to meet its other obligations under this Call Off ContractContract ; details of the cost of implementing the proposed Variation; details of the ongoing costs required by the proposed Variation when implemented, including any increase or decrease in the Call Off Contract Charges, any alteration in the resources and/or expenditure required by either Party and any alteration to the working practices of either Party; a timetable for the implementation, together with any proposals for the testing of the Variation; and such other information as the Customer may reasonably request in (or in response to) the Variation request. [Where the Customer has requested the Variation and the Supplier can show that the Impact Assessment required resources other than those ordinarily deployed in the provision of the Services the Customer shall pay any reasonable costs incurred by the Supplier in producing the Impact Assessment.] The Parties may agree to adjust the time limits specified in the Variation request Form to allow for the preparation of the Impact Assessment. Subject to 21.1.522.1.4, the receiving Party shall respond to the request within the time limits specified in the Variation Form. Such time limits shall be reasonable and ultimately at the discretion of the Customer having regard to the nature of the Order Goods and/or Services and the proposed Variation. In the event that: the Supplier is unable to agree to or provide the Variation; and/or the Parties are unable to agree a change to the Call Off Contract Charges that may be included in a request of a Variation or response to it as a consequence thereof, the Customer may: agree to continue to perform its obligations under this Call Off Contract without the Variation; or terminate this Call Off Contract with immediate effect, except where the Supplier has already fulfilled part or all of the Order provision of the Goods and/or Services in accordance with this Call Off Contract or where the Supplier can show evidence of substantial work being carried out to fulfil provide the OrderGoods and/or Services under this Contract , and in such a case the Parties shall attempt to agree upon a resolution to the matter. Where a resolution cannot be reached, the matter shall be dealt with under the Dispute Resolution Procedure. If the Parties agree the Variation, the Supplier shall implement such Variation and be bound by the same provisions so far as is applicable, as though such Variation was stated in this Call Off ContractContract .

Appears in 1 contract

Samples: assets.crowncommercial.gov.uk

Variation Procedure. Subject to the provisions of this Clause 21 25 and of Call Off Schedule 3 (Call Off Contract Charges, Payment and Invoicing), either Party may request a variation to this Call Off Contract provided that such variation does not amount to a material change of this Call Off Contract within the meaning of the Regulations and the Law. Such a change once implemented is hereinafter called a "Variation". A Party may request a Variation by completing completing, signing and sending the Variation Form to the other Party giving sufficient information for the receiving Party to assess the extent of the proposed Variation and any additional cost that may be incurred. The Where the Customer may require has so specified on receipt of a Variation Form from the Supplier, the Supplier to shall carry out an impact assessment of the Variation on the Goods and/or Services (the Impact Assessment). The Impact Assessment shall be completed in good faith and shall include: details of the impact of the proposed Variation on the Goods and/or Services and the Supplier's ability to meet its other obligations under this Call Off Contract; details of the cost of implementing the proposed Variation; details of the ongoing costs required by the proposed Variation when implemented, including any increase or decrease in the Call Off Contract Charges, any alteration in the resources and/or expenditure required by either Party and any alteration to the working practices of either Party; a timetable for the implementation, together with any proposals for the testing of the Variation; and such other information as the Customer may reasonably request in (or in response to) the Variation request. [Where the Customer has requested the Variation and the Supplier can show that the Impact Assessment required resources other than those ordinarily deployed in the provision of the Services the Customer shall pay any reasonable costs incurred by the Supplier in producing the Impact Assessment.] The Parties may agree to adjust the time limits specified in the Variation request Form to allow for the preparation of the Impact Assessment. Subject to 21.1.526.1.4, the receiving Party shall respond to the request within the time limits specified in the Variation Form. Such time limits shall be reasonable and ultimately at the discretion of the Customer having regard to the nature of the Order Goods and/or Services and the proposed Variation. In the event that: the Supplier is unable to agree to or provide the Variation; and/or the Parties are unable to agree a change to the Call Off Contract Charges that may be included in a request of a Variation or response to it as a consequence thereof, the Customer may: agree to continue to perform its obligations under this Call Off Contract without the Variation; or terminate this Call Off Contract with immediate effect, except where the Supplier has already fulfilled part or all of the Order provision of the Goods and/or Services in accordance with this Call Off Contract or where the Supplier can show evidence of substantial work being carried out to fulfil provide the OrderGoods and/or Services under this Call Off Contract, and in such a case the Parties shall attempt to agree upon a resolution to the matter. Where a resolution cannot be reached, the matter shall be dealt with under the Dispute Resolution Procedure. If the Parties agree the Variation, the Supplier shall implement such Variation and be bound by the same provisions so far as is applicable, as though such Variation was stated in this Call Off Contract.

Appears in 1 contract

Samples: assets.crowncommercial.gov.uk

Variation Procedure. Subject to the provisions of this Clause 21 27. and of Call Off Schedule 3 (Call Off Contract Charges, Payment and Invoicing), either Party may request a variation to this Call Off Contract provided that such variation does not amount to a material change of this Call Off Contract within the meaning of the Regulations and the Law. Such a change once implemented is hereinafter called a "Variation". A Party may request a Variation by completing completing, signing and sending the Variation Form to the other Party giving sufficient information for the receiving Party to assess the extent of the proposed Variation and any additional cost that may be incurred. The Where the Customer may require has so specified on receipt of a Variation Form from the Supplier, the Supplier to shall carry out an impact assessment of the Variation on the Services (the Impact Assessment). The Impact Assessment shall be completed in good faith and shall include: details of the impact of the proposed Variation on the Services and the Supplier's ability to meet its other obligations under this Call Off Contract; details of the cost of implementing the proposed Variation; details of the ongoing costs required by the proposed Variation when implemented, including any increase or decrease in the Call Off Contract Charges, any alteration in the resources and/or expenditure required by either Party and any alteration to the working practices of either Party; a timetable for the implementation, together with any proposals for the testing of the Variation; and such other information as the Customer may reasonably request in (or in response to) the Variation request. [Where the Customer has requested the Variation and the Supplier can show that the Impact Assessment required resources other than those ordinarily deployed in the provision of the Services the Customer shall pay any reasonable costs incurred by the Supplier in producing the Impact Assessment.] The Parties may agree to adjust the time limits specified in the Variation request Form to allow for the preparation of the Impact Assessment. Subject to 21.1.527.1.4, the receiving Party shall respond to the request within the time limits specified in the Variation Form. Such time limits shall be reasonable and ultimately at the discretion of the Customer having regard to the nature of the Order Services and the proposed Variation. In the event that: the Supplier is unable to agree to or provide the Variation; and/or the Parties are unable to agree a change to the Call Off Contract Charges that may be included in a request of a Variation or response to it as a consequence thereof, the Customer may: agree to continue to perform its obligations under this Call Off Contract without the Variation; or terminate this Call Off Contract with immediate effect, except where the Supplier has already fulfilled part or all of the Order provision of the Services in accordance with this Call Off Contract or where the Supplier can show evidence of substantial work being carried out to fulfil provide the OrderServices under this Call Off Contract, and in such a case the Parties shall attempt to agree upon a resolution to the matter. Where a resolution cannot be reached, the matter shall be dealt with under the Dispute Resolution Procedure. If the Parties agree the Variation, the Supplier shall implement such Variation and be bound by the same provisions so far as is applicable, as though such Variation was stated in this Call Off Contract.

Appears in 1 contract

Samples: assets.crowncommercial.gov.uk

Variation Procedure. Subject to the provisions of this Clause 21 25 and of Call Off Contract Schedule 3 (Call Off Contract Charges, Payment and Invoicing), either Party may request a variation to this Call Off Contract provided that such variation does not amount to a material change of this Call Off Contract within the meaning of the Regulations and the Law. Such a change once implemented is hereinafter called a "Variation". A Party may request a Variation by completing completing, signing and sending the Variation Form to the other Party giving sufficient information for the receiving Party to assess the extent of the proposed Variation and any additional cost that may be incurred. The Where the Customer may require has so specified on receipt of a Variation Form from the Supplier, the Supplier to shall carry out an impact assessment of the Variation on the Goods and/or Services (the Impact Assessment). The Impact Assessment shall be completed in good faith and shall include: details of the impact of the proposed Variation on the Goods and/or Services and the Supplier's Suppliers ability to meet its other obligations under this Call Off Contract; details of the cost of implementing the proposed Variation; details of the ongoing costs required by the proposed Variation when implemented, including any increase or decrease in the Call Off Contract Charges, any alteration in the resources and/or expenditure required by either Party and any alteration to the working practices of either Party; a timetable for the implementation, together with any proposals for the testing of the Variation; and such other information as the Customer may reasonably request in (or in response to) the Variation request. [Where the Customer has requested the Variation and the Supplier can show that the Impact Assessment required resources other than those ordinarily deployed in the provision of the Services the Customer shall pay any reasonable costs incurred by the Supplier in producing the Impact Assessment.] The Parties may agree to adjust the time limits specified in the Variation request Form to allow for the preparation of the Impact Assessment. Subject to 21.1.526.1.4, the receiving Party shall respond to the request within the time limits specified in the Variation Form. Such time limits shall be reasonable and ultimately at the discretion of the Customer having regard to the nature of the Order Goods and/or Services and the proposed Variation. In the event that: the Supplier is unable to agree to or provide the Variation; and/or the Parties are unable to agree a change to the Call Off Contract Charges that may be included in a request of a Variation or response to it as a consequence thereof, the Customer may: agree to continue to perform its obligations under this Call Off Contract without the Variation; or terminate this Call Off Contract with immediate effect, except where the Supplier has already fulfilled part or all of the Order provision of the Goods and/or Services in accordance with this Call Off Contract or where the Supplier can show evidence of substantial work being carried out to fulfil provide the OrderGoods and/or Services under this Contract, and in such a case the Parties shall attempt to agree upon a resolution to the matter. Where a resolution cannot be reached, the matter shall be dealt with under the Dispute Resolution Procedure. If the Parties agree the Variation, the Supplier shall implement such Variation and be bound by the same provisions so far as is applicable, as though such Variation was stated in this Call Off Contract.

Appears in 1 contract

Samples: assets.crowncommercial.gov.uk

Variation Procedure. Subject to the provisions of this Clause 21 15 and of Call Off Schedule 3 (Call Off Contract Charges, Payment and Invoicing), either Party may request a variation to this Call Off Contract provided that such variation does not amount to a material change of this Call Off Contract within the meaning of the Regulations and the Law. Such a change once implemented is hereinafter called a "Variation". A Party may request a Variation by completing and sending the Variation Form to the other Party giving sufficient information for the receiving Party to assess the extent of the proposed Variation and any additional cost that may be incurred. The Customer may require the Supplier to carry out an impact assessment of the Variation on the Services (the Impact Assessment). The Impact Assessment shall be completed in good faith and shall include: details of the impact of the proposed Variation on the Services and the Supplier's ability to meet its other obligations under this Call Off Contract; details of the cost of implementing the proposed Variation; details of the ongoing costs required by the proposed Variation when implemented, including any increase or decrease in the Call Off Contract Charges, any alteration in the resources and/or expenditure required by either Party and any alteration to the working practices of either Party; a timetable for the implementation, together with any proposals for the testing of the Variation; and such other information as the Customer may reasonably request in (or in response to) the Variation request. [Where the Customer has requested the Variation and the Supplier can show that the Impact Assessment required resources other than those ordinarily deployed in the provision of the Services the Customer shall pay any reasonable costs incurred by the Supplier in producing the Impact Assessment.] The Parties may agree to adjust the time limits specified in the Variation request to allow for the preparation of the Impact Assessment. Subject to 21.1.5Clause 15.1.4, the receiving Party shall respond to the request within the time limits specified in the Variation Form. Such time limits shall be reasonable and ultimately at the discretion of the Customer having regard to the nature of the Order and the proposed Variation. In the event that: the Supplier is unable to agree to or provide the Variation; and/or the Parties are unable to agree a change to the Call Off Contract Charges that may be included in a request of a Variation or response to it as a consequence thereof, the Customer may: agree to continue to perform its obligations under this Call Off Contract without the Variation; or terminate this Call Off Contract with immediate effect, except where the Supplier has already fulfilled part or all of the Order in accordance with this Call Off Contract or where the Supplier can show evidence of substantial work being carried out to fulfil the Order, and in such a case the Parties shall attempt to agree upon a resolution to the matter. Where a resolution cannot be reached, the matter shall be dealt with under the Dispute Resolution Procedure. If the Parties agree the Variation, the Supplier shall implement such Variation and be bound by the same provisions so far as is applicable, as though such Variation was stated in this Call Off Contract.

Appears in 1 contract

Samples: assets.crowncommercial.gov.uk

Variation Procedure. Subject to the provisions of this Clause 21 22 and of Call Off Schedule 3 (Call Off Contract Charges, Payment and Invoicing), either Party may request a variation to this Call Off Contract provided that such variation does not amount to a material change of this Call Off Contract within the meaning of the Regulations and the Law. Such a change once implemented is hereinafter called a "Variation". A Party may request a Variation by completing completing, signing and sending the Variation Form to the other Party giving sufficient information for the receiving Party to assess the extent of the proposed Variation and any additional cost that may be incurred. The Where the Customer may require has so specified on receipt of a Variation Form from the Supplier, the Supplier to shall carry out an impact assessment of the Variation on the Goods and/or Services (the Impact Assessment). The Impact Assessment shall be completed in good faith and shall include: details of the impact of the proposed Variation on the Goods and/or Services and the Supplier's ability to meet its other obligations under this Call Off Contract; details of the cost of implementing the proposed Variation; details of the ongoing costs required by the proposed Variation when implemented, including any increase or decrease in the Call Off Contract Charges, any alteration in the resources and/or expenditure required by either Party and any alteration to the working practices of either Party; a timetable for the implementation, together with any proposals for the testing of the Variation; and such other information as the Customer may reasonably request in (or in response to) the Variation request. [Where the Customer has requested the Variation and the Supplier can show that the Impact Assessment required resources other than those ordinarily deployed in the provision of the Services the Customer shall pay any reasonable costs incurred by the Supplier in producing the Impact Assessment.] The Parties may agree to adjust the time limits specified in the Variation request Form to allow for the preparation of the Impact Assessment. Subject to 21.1.522.1.4, the receiving Party shall respond to the request within the time limits specified in the Variation Form. Such time limits shall be reasonable and ultimately at the discretion of the Customer having regard to the nature of the Order Goods and/or Services and the proposed Variation. In the event that: the Supplier is unable to agree to or provide the Variation; and/or the Parties are unable to agree a change to the Call Off Contract Charges that may be included in a request of a Variation or response to it as a consequence thereof, the Customer may: agree to continue to perform its obligations under this Call Off Contract without the Variation; or terminate this Call Off Contract with immediate effect, except where the Supplier has already fulfilled part or all of the Order provision of the Goods and/or Services in accordance with this Call Off Contract or where the Supplier can show evidence of substantial work being carried out to fulfil provide the OrderGoods and/or Services under this Call Off Contract, and in such a case the Parties shall attempt to agree upon a resolution to the matter. Where a resolution cannot be reached, the matter shall be dealt with under the Dispute Resolution Procedure. If the Parties agree the Variation, the Supplier shall implement such Variation and be bound by the same provisions so far as is applicable, as though such Variation was stated in this Call Off Contract.

Appears in 1 contract

Samples: assets.crowncommercial.gov.uk

Variation Procedure. Subject to the provisions of this Clause 21 20 and of Call Off Schedule 3 (Call Off Contract Charges, Payment and Invoicing), either Party may request a variation to this Call Off Contract provided that such variation does not amount to a material change of this Call Off Contract within the meaning of the Regulations and the Law. Such a change once implemented is hereinafter called a "Variation". A Party may request a Variation by completing and sending the Variation Form to the other Party giving sufficient information for the receiving Party to assess the extent of the proposed Variation and any additional cost that may be incurred. The Customer may require the Supplier to carry out an impact assessment of the Variation on the Services (the Impact Assessment). The Impact Assessment shall be completed in good faith and shall include: details of the impact of the proposed Variation on the Services and the Supplier's ability to meet its other obligations under this Call Off Contract; details of the cost of implementing the proposed Variation; details of the ongoing costs required by the proposed Variation when implemented, including any increase or decrease in the Call Off Contract Charges, any alteration in the resources and/or expenditure required by either Party and any alteration to the working practices of either Party; a timetable for the implementation, together with any proposals for the testing of the Variation; and such other information as the Customer may reasonably request in (or in response to) the Variation request. [Where the Customer has requested the Variation and the Supplier can show that the Impact Assessment required resources other than those ordinarily deployed in the provision of the Services the Customer shall pay any reasonable costs incurred by the Supplier in producing the Impact Assessment.] The Parties may agree to adjust the time limits specified in the Variation request to allow for the preparation of the Impact Assessment. Subject to 21.1.520.1.4, the receiving Party shall respond to the request within the time limits specified in the Variation Form. Such time limits shall be reasonable and ultimately at the discretion of the Customer having regard to the nature of the Order and the proposed Variation. In the event that: the Supplier is unable to agree to or provide the Variation; and/or the Parties are unable to agree a change to the Call Off Contract Charges that may be included in a request of a Variation or response to it as a consequence thereof, the Customer may: agree to continue to perform its obligations under this Call Off Contract without the Variation; or terminate this Call Off Contract with immediate effect, except where the Supplier has already fulfilled part or all of the Order in accordance with this Call Off Contract or where the Supplier can show evidence of substantial work being carried out to fulfil the Order, and in such a case the Parties shall attempt to agree upon a resolution to the matter. Where a resolution cannot be reached, the matter shall be dealt with under the Dispute Resolution Procedure. If the Parties agree the Variation, the Supplier shall implement such Variation and be bound by the same provisions so far as is applicable, as though such Variation was stated in this Call Off Contract.

Appears in 1 contract

Samples: assets.crowncommercial.gov.uk

Variation Procedure. Subject to the provisions of this Clause 21 22 and of Call Off Schedule 3 (Call Off Contract Charges, Payment and Invoicing), either Party may request a variation to this Call Off Contract provided that such variation does not amount to a material change of this Call Off Contract within the meaning of the Regulations and the Law. Such a change once implemented is hereinafter called a "Variation". A Party may request a Variation by completing completing, signing and sending the Variation Form to the other Party giving sufficient information for the receiving Party to assess the extent of the proposed Variation and any additional cost that may be incurred. The Customer may require Where the Contracting Authority has so specified on receipt of a Variation Form from the Supplier, the Supplier to shall carry out an impact assessment of the Variation on the Services (the Impact Assessment). The Impact Assessment shall be completed in good faith and shall include: details of the impact of the proposed Variation on the Services and the Supplier's ’s ability to meet its other obligations under this Call Off Contract; details of the cost of implementing the proposed Variation; details of the ongoing costs required by the proposed Variation when implemented, including any increase or decrease in the Call Off Contract Charges, any alteration in the resources and/or expenditure required by either Party and any alteration to the working practices of either Party; a timetable for the implementation, together with any proposals for the testing of the Variation; and such other information as the Customer Contracting Authority may reasonably request in (or in response to) the Variation request. [Where the Customer has requested the Variation and the Supplier can show that the Impact Assessment required resources other than those ordinarily deployed in the provision of the Services the Customer shall pay any reasonable costs incurred by the Supplier in producing the Impact Assessment.] The Parties may agree to adjust the time limits specified in the Variation request Form to allow for the preparation of the Impact Assessment. Subject to 21.1.522.1.4, the receiving Party shall respond to the request within the time limits specified in the Variation Form. Such time limits shall be reasonable and ultimately at the discretion of the Customer Contracting Authority having regard to the nature of the Order Services and the proposed Variation. In the event that: the Supplier is unable to agree to or provide the Variation; and/or the Parties are unable to agree a change to the Call Off Contract Charges that may be included in a request of a Variation or response to it as a consequence thereof, the Customer Contracting Authority may: agree to continue to perform its obligations under this Call Off Contract without the Variation; or terminate this Call Off Contract with immediate effect, except where the Supplier has already fulfilled part or all of the Order provision of the Services in accordance with this Call Off Contract or where the Supplier can show evidence of substantial work being carried out to fulfil provide the OrderServices under this Call Off Contract, and in such a case the Parties shall attempt to agree upon a resolution to the matter. Where a resolution cannot be reached, the matter shall be dealt with under the Dispute Resolution Procedure. If the Parties agree the Variation, the Supplier shall implement such Variation and be bound by the same provisions so far as is applicable, as though such Variation was stated in this Call Off Contract.

Appears in 1 contract

Samples: Framework Agreement

Variation Procedure. Subject to the provisions of this Clause 21 23. and of Call Off Schedule 3 (Call Off Contract Charges, Payment and Invoicing), either Party may request a variation to this Call Off Contract provided that such variation does not amount to a material change of this Call Off Contract within the meaning of the Regulations and the Law. Such a change once implemented is hereinafter called a "Variation". A Party may request a Variation by completing and sending the Variation Form to the other Party giving sufficient information for the receiving Party to assess the extent of the proposed Variation and any additional cost that may be incurred. The Customer may require the Supplier to carry out an impact assessment of the Variation on the Services (the Impact Assessment). The Impact Assessment shall be completed in good faith and shall include: details of the impact of the proposed Variation on the Services and the Supplier's ability to meet its other obligations under this Call Off Contract; details of the cost of implementing the proposed Variation; details of the ongoing costs required by the proposed Variation when implemented, including any increase or decrease in the Call Off Contract Charges, any alteration in the resources and/or expenditure required by either Party and any alteration to the working practices of either Party; a timetable for the implementation, together with any proposals for the testing of the Variation; and such other information as the Customer may reasonably request in (or in response to) the Variation request. [Where the Customer has requested the Variation and the Supplier can show that the Impact Assessment required resources other than those ordinarily deployed in the provision of the Services the Customer shall pay any reasonable costs incurred by the Supplier in producing the Impact Assessment.] The Parties may agree to adjust the time limits specified in the Variation request to allow for the preparation of the Impact Assessment. Subject to 21.1.523.1.4, the receiving Party shall respond to the request within the time limits specified in the Variation Form. Such time limits shall be reasonable and ultimately at the discretion of the Customer having regard to the nature of the Order and the proposed Variation. In the event that: the Supplier is unable to agree to or provide the Variation; and/or the Parties are unable to agree a change to the Call Off Contract Charges that may be included in a request of a Variation or response to it as a consequence thereof, the Customer may: agree to continue to perform its obligations under this Call Off Contract without the Variation; or terminate this Call Off Contract with immediate effect, except where the Supplier has already fulfilled part or all of the Order in accordance with this Call Off Contract or where the Supplier can show evidence of substantial work being carried out to fulfil the Order, and in such a case the Parties shall attempt to agree upon a resolution to the matter. Where a resolution cannot be reached, the matter shall be dealt with under the Dispute Resolution Procedure. If the Parties agree the Variation, the Supplier shall implement such Variation and be bound by the same provisions so far as is applicable, as though such Variation was stated in this Call Off Contract.

Appears in 1 contract

Samples: www.contractsfinder.service.gov.uk

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