Common use of Variation Procedure Clause in Contracts

Variation Procedure. Subject to the provisions of this Clause 22 and 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, 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. Where the Customer has so specified on receipt of a Variation Form from the Supplier, the Supplier 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. The Parties may agree to adjust the time limits specified in the Variation Form to allow for the preparation of the Impact Assessment. Subject to 22.1.4, 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 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 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 provide the 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 6 contracts

Sources: Call Off Contract, Call Off Order Form and Call Off Terms for Services (Non Ict), Call Off Contract

Variation Procedure. Subject to the provisions of this Clause 22 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, signing 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. Where the The Customer has so specified on receipt of a Variation Form from the Supplier, may require the Supplier shall 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. The Parties may agree to adjust the time limits specified in the Variation Form request to allow for the preparation of the Impact Assessment. Subject to 22.1.420.1.4, 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 Services 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 provision of the Services Order in accordance with this Call Off Contract or where the Supplier can show evidence of substantial work being carried out to provide fulfil the Services under this Call Off ContractOrder, 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 5 contracts

Sources: Order Form and Call Off Terms, Call Off Agreement, Order Form

Variation Procedure. Subject to the provisions of this Clause 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, signing 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. Where the The Customer has so specified on receipt of a Variation Form from the Supplier, may require the Supplier shall 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. The Parties may agree to adjust the time limits specified in the Variation Form request to allow for the preparation of the Impact Assessment. Subject to 22.1.4, 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 Services 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 provision of the Services Order in accordance with this Call Off Contract or where the Supplier can show evidence of substantial work being carried out to provide fulfil the Services under this Call Off ContractOrder, 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

Sources: Call Off Contract, Call Off Agreement, Call Off Agreement

Variation Procedure. Subject to the provisions of this Clause 22 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, signing 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. Where the The Customer has so specified on receipt of a Variation Form from the Supplier, may require the Supplier shall 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 Form request to allow for the preparation of the Impact Assessment. Subject to 22.1.421.1.5, 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 Services 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 provision of the Services Order in accordance with this Call Off Contract or where the Supplier can show evidence of substantial work being carried out to provide fulfil the Services under this Call Off ContractOrder, 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

Sources: Call Off Order Form and Call Off Terms, Call Off Order Form, Call Off Order Form and Call Off Terms

Variation Procedure. Subject to the provisions of this Clause 22 and 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, 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. Where the Customer has so specified on receipt of a Variation Form from the Supplier, the Supplier 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. The Parties may agree to adjust the time limits specified in the Variation Form to allow for the preparation of the Impact Assessment. Subject to 22.1.4, 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 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 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 provide the Goods 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 4 contracts

Sources: Call Off Contract, Call Off Contract, Call Off Contract

Variation Procedure. Subject to the provisions of this Clause 22 25 and Call Off of 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, 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. Where the Customer has so specified on receipt of a Variation Form from the Supplier, the Supplier 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. The Parties may agree to adjust the time limits specified in the Variation Form to allow for the preparation of the Impact Assessment. Subject to 22.1.426.1.4, 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 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 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 provide the Goods and/or Services under this Call Off ContractLease 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 3 contracts

Sources: Lease Agreement, Lease Agreement, Lease Agreement

Variation Procedure. Subject to the provisions of this Clause 22 and 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, 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. Where the Customer has so specified on receipt of a Variation Form from the SupplierService Provider, the Supplier 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. The Parties may agree to adjust the time limits specified in the Variation Form to allow for the preparation of the Impact Assessment. Subject to 22.1.4, 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 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 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 provide the 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 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

Sources: Call Off Terms, Call Off Terms, Call Off Terms

Variation Procedure. Subject to the provisions of this Clause 22 and Call Off of 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, 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. Where the Customer has so specified on receipt of a Variation Form from the Supplier, the Supplier 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. The Parties may agree to adjust the time limits specified in the Variation Form to allow for the preparation of the Impact Assessment. Subject to 22.1.4, 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 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 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 provide the Goods 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 3 contracts

Sources: Contract Order Form and Contract Terms for Goods and/or Services (Non Ict), Contract Order Form and Contract Terms, Contract Order Form and Contract Terms

Variation Procedure. Subject to the provisions of this Clause 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, signing 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. Where the The Customer has so specified on receipt of a Variation Form from the Supplier, may require the Supplier shall 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. The Parties may agree to adjust the time limits specified in the Variation Form request to allow for the preparation of the Impact Assessment. Subject to 22.1.4, 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 Services 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 provision of the Services Order in accordance with this Call Off Contract or where the Supplier can show evidence of substantial work being carried out to provide fulfil the Services under this Call Off ContractOrder, 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

Sources: Call Off Contract, Call Off Contract, Call Off Contract

Variation Procedure. Subject to the provisions of this Clause 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, 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. Where the Customer has so specified on receipt of a Variation Form from the Supplier, the Supplier 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. The Parties may agree to adjust the time limits specified in the Variation Form to allow for the preparation of the Impact Assessment. Subject to 22.1.4, 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 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 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 provide the Goods 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

Sources: Call Off Contract, Call Off Order Form and Call Off Terms for Goods and/or Services (Non Ict)

Variation Procedure. Subject to the provisions of this Clause 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, signing 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. Where the Customer has so specified on receipt of a Variation Form from the Supplier, The Contracting Authority may require the Supplier shall 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 Contracting Authority may reasonably request in (or in response to) the Variation request. The Parties may agree to adjust the time limits specified in the Variation Form request to allow for the preparation of the Impact Assessment. Subject to 22.1.4, 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 Services 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 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 provision of the Services Order in accordance with this Call Off Contract or where the Supplier can show evidence of substantial work being carried out to provide fulfil the Services under this Call Off ContractOrder, 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

Sources: Order Form and Call Off Terms, Order Form and Call Off Terms

Variation Procedure. Subject to the provisions of this Clause 22 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, signing 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. Where the The Customer has so specified on receipt of a Variation Form from the Supplier, may require the Supplier shall 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. The Parties may agree to adjust the time limits specified in the Variation Form to allow for the preparation of the Impact Assessment. Subject to 22.1.4Clause 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 Services 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 provision of the Services Order in accordance with this Call Off Contract or where the Supplier can show evidence of substantial work being carried out to provide fulfil the Services under this Call Off ContractOrder, 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

Sources: Call Off Contract, Call Off Contract

Variation Procedure. 22.1.1 Subject to the provisions of this Clause 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". . 22.1.2 A Party may request a Variation by 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. . 22.1.3 Where the Customer has so specified on receipt of a Variation Form from the Supplier, the Supplier 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: : (a) 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; ; (b) details of the cost of implementing the proposed Variation; ; (c) 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; ; (d) a timetable for the implementation, together with any proposals for the testing of the Variation; and and (e) such other information as the Customer may reasonably request in (or in response to) the Variation request. . 22.1.4 The Parties may agree to adjust the time limits specified in the Variation Form to allow for the preparation of the Impact Assessment. . 22.1.5 Subject to 22.1.4, 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 Services and the proposed Variation. . 22.1.6 In the event that: : (a) the Supplier is unable to agree to or provide the Variation; and/or and/or (b) 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: : (i) agree to continue to perform its obligations under this Call Off Contract without the Variation; or or (ii) terminate this Call Off Contract with immediate effect, except where the Supplier has already fulfilled part or all of the 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 provide the 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. . 22.1.7 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

Sources: Grants & Programmes Services Call Off Agreement, Grants & Programmes Services Call Off Agreement

Variation Procedure. Subject to the provisions of this Clause 22 24 and 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, 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. Where the Customer has so specified on receipt of a Variation Form from the Supplier, the Supplier 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. The Parties may agree to adjust the time limits specified in the Variation Form to allow for the preparation of the Impact Assessment. Subject to 22.1.424.1.4, 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 Services 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 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 provide the Products 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

Sources: Call Off Contract, Call Off Order Form

Variation Procedure. Subject to the provisions of this Clause 22 and Call Off of 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, 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. Where the Customer has so specified on receipt of a Variation Form from the Supplier, the Supplier 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. The Parties may agree to adjust the time limits specified in the Variation Form to allow for the preparation of the Impact Assessment. Subject to 22.1.4, 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 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 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 provide the Goods and/or Services under this Call Off ContractContract , 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 2 contracts

Sources: Contract Order Form and Contract Terms for Goods and/or Services (Non Ict), Contract Order Form and Contract Terms for Goods and/or Services (Non Ict)

Variation Procedure. Subject to the provisions of this Clause 22 25 and 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, 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. Where the Customer has so specified on receipt of a Variation Form from the Supplier, the Supplier 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. The Parties may agree to adjust the time limits specified in the Variation Form to allow for the preparation of the Impact Assessment. Subject to 22.1.426.1.4, 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 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 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 provide the Goods 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

Sources: Call Off Contract, Managed Learning Services Call Off Contract

Variation Procedure. Subject to the provisions of this Clause 22 22. and 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, 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. Where the Customer has so specified on receipt of a Variation Form from the Supplier, the Supplier 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. The Parties may agree to adjust the time limits specified in the Variation Form to allow for the preparation of the Impact Assessment. Subject to 22.1.4, 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 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 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 provide the 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

Sources: Call Off Terms for Services, Call Off Terms for Services

Variation Procedure. Subject to the provisions of this Clause 22 and 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, 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. Where the Customer has so specified on receipt of a Variation Form from the Supplier, the Supplier 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. The Parties may agree to adjust the time limits specified in the Variation Form to allow for the preparation of the Impact Assessment. Subject to 22.1.4, 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 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 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 provide the 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

Sources: Call Off Contract

Variation Procedure. 17.1.1 Subject to the provisions of this Clause 22 17 and Call Off of 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". . 17.1.2 A Party may request a Variation by completing, signing 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. Where the Customer has so specified on receipt of a Variation Form from the Supplier, . 17.1.3 The Authority may require the Supplier shall 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: : (a) 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; ; (b) details of the cost of implementing the proposed Variation; ; (c) 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 and or expenditure required by either Party and any alteration to the working practices of either Party; ; (d) a timetable for the implementation, together with any proposals for the testing of the Variation; and and (e) such other information as the Customer Authority may reasonably request in (or in response to) the Variation request. . 17.1.4 Where the Authority 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 Authority shall pay any reasonable costs incurred by the Supplier in producing the Impact Assessment. 17.1.5 The Parties may agree to adjust the time limits specified in the Variation Form request to allow for the preparation of the Impact Assessment. . 17.1.6 Subject to 22.1.417.1.5, 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 Authority having regard to the nature of the Services and the proposed Variation. . 17.1.7 In the event that: : (a) the Supplier is unable to agree to or provide the Variation; and/or and or (b) 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 Authority may: : (i) agree to continue to perform its obligations under this Call Off Contract without the Variation; or or (ii) terminate this Call Off Contract with immediate effect, except where the Supplier has already fulfilled supplied part or all of the provision of the Services ordered in accordance with this Call Off Contract or where the Supplier can show evidence of substantial work being carried out to provide supply the 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. . 17.1.8 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

Sources: Price Benchmarking Services Contract

Variation Procedure. 22.1.1 Subject to the provisions of this Clause 22 and Call Off of 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". . 22.1.2 A Party may request a Variation by 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. . 22.1.3 Where the Customer has so specified on receipt of a Variation Form from the Supplier, the Supplier 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: : (a) details of the impact of the proposed Variation on the Goods and/or Services and the Supplier's ’s ability to meet its other obligations under this Call Off Contract; ; (b) details of the cost of implementing the proposed Variation; ; (c) 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; ; (d) a timetable for the implementation, together with any proposals for the testing of the Variation; and and (e) such other information as the Customer may reasonably request in (or in response to) the Variation request. . 22.1.4 The Parties may agree to adjust the time limits specified in the Variation Form to allow for the preparation of the Impact Assessment. . 22.1.5 Subject to 22.1.4, 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 Goods and/or Services and the proposed Variation. . 22.1.6 In the event that: : (a) the Supplier is unable to agree to or provide the Variation; and/or and/or (b) 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: : (i) agree to continue to perform its obligations under this Call Off Contract without the Variation; or or (ii) terminate this Call Off Contract with immediate effect, except where the Supplier has already fulfilled part or all of the 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 provide the Goods 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. . 22.1.7 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

Sources: Order Form and Contract Terms

Variation Procedure. Subject to the provisions of this Clause 22 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, signing 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. Where the The Customer has so specified on receipt of a Variation Form from the Supplier, may require the Supplier shall 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 Form request to allow for the preparation of the Impact Assessment. Subject to 22.1.421.1.5, 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 Services 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 provision of the Services Order in accordance with this Call Off Contract or where the Supplier can show evidence of substantial work being carried out to provide fulfil the Services under this Call Off ContractOrder, 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

Sources: Call Off Order Form and Call Off Terms

Variation Procedure. 17.1.1 Subject to the provisions of this Clause 22 and 17 and, where this is used, 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". . 17.1.2 A Party may request a Variation by completing, signing 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. Where the . 17.1.3 The Customer has so specified on receipt of a Variation Form from the Supplier, may require the Supplier shall 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: : a) 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; ; b) details of the cost of implementing the proposed Variation; ; c) 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; ; d) a timetable for the implementation, together with any proposals for the testing of the Variation; and and e) such other information as the Customer may reasonably request in (or in response to) the Variation request. . 17.1.4 [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.] 17.1.5 The Parties may agree to adjust the time limits specified in the Variation Form request to allow for the preparation of the Impact Assessment. . 17.1.6 Subject to 22.1.417.1.5, 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 Services Order and the proposed Variation. . 17.1.7 In the event that: : a) the Supplier is unable to agree to or provide the Variation; and/or and/or b) 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, , c) the Customer may: : (i) agree to continue to perform its obligations under this Call Off Contract without the Variation; or or (ii) terminate this Call Off Contract with immediate effect, except where the Supplier has already fulfilled part or all of the provision of the Services Order in accordance with this Call Off Contract or where the Supplier can show evidence of substantial work being carried out to provide fulfil the Services under this Call Off ContractOrder, 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. . 17.1.8 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

Sources: Technology Products Framework Agreement

Variation Procedure. Subject to the provisions of this Clause 22 22. and 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, 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. Where the Customer has so specified on receipt of a Variation Form from the Supplier, the Supplier 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. The Parties may agree to adjust the time limits specified in the Variation Form to allow for the preparation of the Impact Assessment. Subject to 22.1.4, 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 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 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 provide the Goods 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

Sources: Occupational Health and Employee Assistance Programme Services Contract

Variation Procedure. 22.1.1 Subject to the provisions of this Clause 22 and Call Off of 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". . 22.1.2 A Party may request a Variation by 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. . 22.1.3 Where the Customer has so specified on receipt of a Variation Form from the Supplier, the Supplier 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. . 22.1.4 The Parties may agree to adjust the time limits specified in the Variation Form to allow for the preparation of the Impact Assessment. . 22.1.5 Subject to 22.1.4, 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 Goods and/or Services and the proposed Variation. . 22.1.6 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 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 provide the Goods 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. . 22.1.7 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

Sources: Contract Order Form and Contract Terms for Goods and/or Services (Non Ict)

Variation Procedure. Subject to the provisions of this Clause 22 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, signing 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. Where the The Customer has so specified on receipt of a Variation Form from the Supplier, may require the Supplier shall 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. The Parties may agree to adjust the time limits specified in the Variation Form request to allow for the preparation of the Impact Assessment. Subject to 22.1.423.1.4, 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 Services 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 provision of the Services Order in accordance with this Call Off Contract or where the Supplier can show evidence of substantial work being carried out to provide fulfil the Services under this Call Off ContractOrder, 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

Sources: Order Form

Variation Procedure. 22.1.1 Subject to the provisions of this Clause 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". . 22.1.2 A Party may request a Variation by 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. . 22.1.3 Where the Customer Contracting Authority has so specified on receipt of a Variation Form from the Supplier, the Supplier 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: : (a) 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; ; (b) details of the cost of implementing the proposed Variation; ; (c) 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; ; (d) a timetable for the implementation, together with any proposals for the testing of the Variation; and and (e) such other information as the Customer Contracting Authority may reasonably request in (or in response to) the Variation request. . 22.1.4 The Parties may agree to adjust the time limits specified in the Variation Form to allow for the preparation of the Impact Assessment. . 22.1.5 Subject to 22.1.4, 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 Services and the proposed Variation. . 22.1.6 In the event that: : (a) the Supplier is unable to agree to or provide the Variation; and/or and/or (b) 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: : (i) agree to continue to perform its obligations under this Call Off Contract without the Variation; or or (ii) terminate this Call Off Contract with immediate effect, except where the Supplier has already fulfilled part or all of the 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 provide the 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. . 22.1.7 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

Sources: Framework Agreement

Variation Procedure. 23.1.1 Subject to the provisions of this Clause 22 23 and 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". . 23.1.2 A Party may request a Variation by 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. . 23.1.3 Where the Customer has so specified on receipt of a Variation Form from the Supplier, the Supplier 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: : (a) 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; ; (b) details of the cost of implementing the proposed Variation; ; (c) 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; ; (d) a timetable for the implementation, together with any proposals for the testing of the Variation; and and (e) such other information as the Customer may reasonably request in (or in response to) the Variation request. . 23.1.4 The Parties may agree to adjust the time limits specified in the Variation Form to allow for the preparation of the Impact Assessment. . 23.1.5 Subject to 22.1.423.1.4, 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 Services and the proposed Variation. . 23.1.6 In the event that: : (a) the Supplier is unable to agree to or provide the Variation; and/or and/or (b) 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: : (i) agree to continue to perform its obligations under this Call Off Contract without the Variation; or or (ii) terminate this Call Off Contract with immediate effect, except where the Supplier has already fulfilled part or all of the 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 provide the 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. . 23.1.7 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

Sources: Call Off Order Form

Variation Procedure. Subject to the provisions of this Clause 22 27. and 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, 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. Where the Customer has so specified on receipt of a Variation Form from the Supplier, the Supplier 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. The Parties may agree to adjust the time limits specified in the Variation Form to allow for the preparation of the Impact Assessment. Subject to 22.1.427.1.4, 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 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 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 provide the 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

Sources: Call Off Contract

Variation Procedure. Subject to the provisions of this Clause 22 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, 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. Where the Customer has so specified on receipt of a Variation Form from the Supplier, the Supplier 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. The Parties may agree to adjust the time limits specified in the Variation Form to allow for the preparation of the Impact Assessment. Subject to 22.1.426.1.4, 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 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 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 provide the Goods 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

Sources: Call Off Contract

Variation Procedure. 22.1.1 Subject to the provisions of this Clause 22 and 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". . 22.1.2 A Party may request a Variation by 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. . 22.1.3 Where the Customer has so specified on receipt of a Variation Form from the Supplier, the Supplier 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: : (a) 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; ; (b) details of the cost of implementing the proposed Variation; ; (c) 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; ; (d) a timetable for the implementation, together with any proposals for the testing of the Variation; and and (e) such other information as the Customer may reasonably request in (or in response to) the Variation request. . 22.1.4 The Parties may agree to adjust the time limits specified in the Variation Form to allow for the preparation of the Impact Assessment. . 22.1.5 Subject to 22.1.4, 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 Services and the proposed Variation. . 22.1.6 In the event that: : (a) the Supplier is unable to agree to or provide the Variation; and/or and/or (b) 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: : (i) agree to continue to perform its obligations under this Call Off Contract without the Variation; or or (ii) terminate this Call Off Contract with immediate effect, except where the Supplier has already fulfilled part or all of the 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 provide the 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. . 22.1.7 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

Sources: Call Off Contract

Variation Procedure. Subject to the provisions of this Clause 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, 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. Where the Customer Contracting Authority has so specified on receipt of a Variation Form from the Supplier, the Supplier 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. The Parties may agree to adjust the time limits specified in the Variation Form to allow for the preparation of the Impact Assessment. Subject to 22.1.4, 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 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 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 provide the 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

Sources: Framework Agreement

Variation Procedure. Subject to the provisions of this Clause 22 16 and Call Off of Schedule 3 4 (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, signing 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. Where the Customer has so specified on receipt of a Variation Form from the Supplier, The Authority may require the Supplier shall 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 includeinclude sufficient detail to enable the Authority to fully consider the impact of the proposed Variation, including: a description of the proposed services and Target Performance Levels; details of the impact of the proposed Variation on the Services Services, Target Performance Levels; Milestones; plans and timetables previously agreed by the Parties and on the Supplier's ability to meet its other obligations under this Call Off Contract; details full visibility and breakdown of the any cost of implementing the proposed VariationVariation including any relevant supporting evidence which is reasonably necessary for the Authority to substantiate and verify the proposed costs (including any relevant Open Book Data); 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 Authority may reasonably request in (or in response to) the Variation requestrequest or an Impact Assessment. The Parties may agree to adjust the time limits specified in the Variation Form to allow for the preparation of the Impact Assessment. Subject to 22.1.4, the 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 Authority having regard to the nature of the 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 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 provision of the Services ordered in accordance with this Call Off Contract or where the Supplier can show evidence of substantial work being carried out to provide the 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 ProcedureProcedure in Schedule 12. 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.. A Party can only propose an adjustment of the Contract Charges under paragraph 1.3 of Annex 1 to Schedule 4 provided that it submits its proposed Variation to the Contract Charges to the other Party within twenty (20) Working Days of service of the Authority's Contract Extension Notice under paragraph 4.5 of Schedule 3. If the Parties cannot agree the Contract Charges to apply during the Extension Period before the expiry of the Initial Period the Authority may: require by written notice to the Supplier that the Supplier continues to perform its obligations under the Contract during the Extension Period on the basis of the Contract Charges that applied during the Initial Period pending resolution of the issue of the Contract Charges to apply during the Extension Period under the Dispute Resolution Procedure; or

Appears in 1 contract

Sources: Contract for the Provision of Services

Variation Procedure. Subject to the provisions of this Clause 22 and Call Off of 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, 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. Where the Customer has so specified on receipt of a Variation Form from the Supplier, the Supplier 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. The Parties may agree to adjust the time limits specified in the Variation Form to allow for the preparation of the Impact Assessment. Subject to 22.1.4, 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 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 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 provide the Goods and/or Services under this Call Off ContractLease 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

Sources: Call Off Order Form and Lease Agreement

Variation Procedure. Subject to the provisions of this Clause 22 and 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, 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. Where the Customer has so specified on receipt of a Variation Form from the Supplier, the Supplier 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. The Parties may agree to adjust the time limits specified in the Variation Form to allow for the preparation of the Impact Assessment. Subject to 22.1.4, 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 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 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 provide the 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

Sources: Call Off Contract

Variation Procedure. Subject to the provisions of this Clause 22 19 and Call of 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, signing 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. Where the The Customer has so specified on receipt of a Variation Form from the Supplier, may require the Supplier shall 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. The Parties may agree to adjust the time limits specified in the Variation Form request to allow for the preparation of the Impact Assessment. Subject to 22.1.4clause 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 Services 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 provision of the Services Order in accordance with this Call Call-Off Contract or where the Supplier can show evidence of substantial work being carried out to provide fulfil the Services under this Call Off ContractOrder, 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

Sources: Vehicle Hire Services Order Form

Variation Procedure. Subject to the provisions of this Clause 22 16 and Call Off of Schedule 3 4 (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, signing 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. Where the Customer has so specified on receipt of a Variation Form from the Supplier, The Authority may require the Supplier shall 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 includeinclude sufficient detail to enable the Authority to fully consider the impact of the proposed Variation, including: a description of the proposed services and Target Performance Levels; details of the impact of the proposed Variation on the Services Services, Target Performance Levels; Milestones; plans and timetables previously agreed by the Parties and on the Supplier's ability to meet its other obligations under this Call Off Contract; details full visibility and breakdown of the any cost of implementing the proposed VariationVariation including any relevant supporting evidence which is reasonably necessary for the Authority to substantiate and verify the proposed costs (including any relevant Open Book Data); 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 Authority may reasonably request in (or in response to) the Variation requestrequest or an Impact Assessment. The Parties may agree to adjust the time limits specified in the Variation Form to allow for the preparation of the Impact Assessment. Subject to 22.1.4, the 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 Authority having regard to the nature of the 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 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 provision of the Services ordered in accordance with this Call Off Contract or where the Supplier can show evidence of substantial work being carried out to provide the 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 ProcedureProcedure in Schedule 12. If the Parties agree the Variation, the Supplier shall implement such Variation and subject to Clause 16.1.8 be bound by the same provisions so far as is applicable, as though such Variation was stated in this Call Off Contract.. To the extent any Variation would impact upon the Supplier’s ability to achieve the Target Performance Levels the Parties will agree appropriate changes to the Target Performance Levels to be included in the Variation before its implementation. A Party can only propose an adjustment of the Contract Charges under paragraph 9.3 of Annex 1 to Schedule 4 provided that it submits its proposed Variation to the Contract Charges to the other Party within twenty (20) Working Days of service of the Authority's Contract Extension Notice under paragraph 4.5 of Schedule 3. If the Parties cannot agree the Contract Charges to apply during the Extension Period before the expiry of the Initial Period the Authority may: require by written notice to the Supplier that the Supplier continues to perform its obligations under the Contract during the Extension Period on the basis of the Contract Charges that applied during the Initial Period pending resolution of the issue of the Contract Charges to apply during the Extension Period under the Dispute Resolution Procedure; or

Appears in 1 contract

Sources: Contract for the Provision of Services

Variation Procedure. 16.1.1 Subject to the provisions of this Clause 22 16 and Call Off of 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". . 16.1.2 A Party may request a Variation by completing, signing completing and sending the Variation Form to the other Party giving sufficient information for the DH CRNCC Contract (Contract Terms) receiving Party to assess the extent of the proposed Variation and any additional cost that may be incurred. Where the Customer has so specified on receipt of a Variation Form from the Supplier, . 16.1.3 The Authority may require the Supplier shall 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: : (a) 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; ; (b) details of the cost of implementing the proposed Variation; ; (c) 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; ; (d) a timetable for the implementation, together with any proposals for the testing of the Variation; and and (e) such other information as the Customer Authority may reasonably request in (or in response to) the Variation request. . 16.1.4 The Parties may agree to adjust the time limits specified in the Variation Form to allow for the preparation of the Impact Assessment. Subject to 22.1.4, the . 16.1.5 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 Authority having regard to the nature of the Services and the proposed Variation. . 16.1.6 In the event that: : (a) the Supplier is unable to agree to or provide the Variation; and/or and/or (b) 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 Authority may: : (i) agree to continue to perform its obligations under this Call Off Contract without the Variation; or or (ii) terminate this Call Off Contract with immediate effect, except where the Supplier has already fulfilled part or all of the provision of the Services ordered in accordance with this Call Off Contract or where the Supplier can show evidence of substantial work being carried out to provide the 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. DH CRNCC Contract (Contract Terms) 16.1.7 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

Sources: Contract for the Provision of Services

Variation Procedure. Subject to the provisions of this Clause 22 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, signing 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. Where the The Customer has so specified on receipt of a Variation Form from the Supplier, may require the Supplier shall 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. The Parties may agree to adjust the time limits specified in the Variation Form request to allow for the preparation of the Impact Assessment. Subject to 22.1.421.1.4, 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 Services 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 provision of the Services Order in accordance with this Call Off Contract or where the Supplier can show evidence of substantial work being carried out to provide fulfil the Services under this Call Off ContractOrder, 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

Sources: Call Off Contract

Variation Procedure. Subject to the provisions of this Clause 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, 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. Where the Customer has so specified on receipt of a Variation Form from the Supplier, the Supplier 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. The Parties may agree to adjust the time limits specified in the Variation Form to allow for the preparation of the Impact Assessment. Subject to 22.1.422.1.5, 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 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 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 provide the Goods 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

Sources: Call Off Contract

Variation Procedure. Subject to the provisions of this Clause 22 24 and 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, 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. Where the Customer has so specified on receipt of a Variation Form from the Supplier, the Supplier 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. The Parties may agree to adjust the time limits specified in the Variation Form to allow for the preparation of the Impact Assessment. Subject to 22.1.424.1.4, 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 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 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 provide the Goods 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

Sources: Call Off Contract

Variation Procedure. Subject to the provisions of this Clause 22 23 and 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, 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. Where the Customer has so specified on receipt of a Variation Form from the Supplier, the Supplier 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. The Parties may agree to adjust the time limits specified in the Variation Form to allow for the preparation of the Impact Assessment. Subject to 22.1.423.1.4, 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 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 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 provide the 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

Sources: Management Consultancy Framework Agreement

Variation Procedure. Subject to the provisions of this Clause 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, 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. Where the Customer has so specified on receipt of a Variation Form from the Supplier, the Supplier 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. The Parties may agree to adjust the time limits specified in the Variation Form to allow for the preparation of the Impact Assessment. Subject to 22.1.4, 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 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 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 provide the 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

Sources: Call Off Contract

Variation Procedure. Subject to the provisions of this Clause 22 25 and Call Off of 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, 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. Where the Customer has so specified on receipt of a Variation Form from the Supplier, the Supplier 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. The Parties may agree to adjust the time limits specified in the Variation Form to allow for the preparation of the Impact Assessment. Subject to 22.1.426.1.4, 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 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 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 provide the Goods 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

Sources: Contract Order Form

Variation Procedure. Subject to the provisions of this Clause 22 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, 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. Where the Customer has so specified on receipt of a Variation Form from the Supplier, the Supplier 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. The Parties may agree to adjust the time limits specified in the Variation Form to allow for the preparation of the Impact Assessment. Subject to 22.1.425.1.4, 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 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 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 provide the Goods 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

Sources: Call Off Contract

Variation Procedure. Subject to the provisions of this Clause 22 23 and 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, 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. Where the Customer has so specified on receipt of a Variation Form from the Supplier, the Supplier 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. The Parties may agree to adjust the time limits specified in the Variation Form to allow for the preparation of the Impact Assessment. Subject to 22.1.423.1.4, 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 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 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 provide the Goods 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

Sources: Call Off Contract

Variation Procedure. 22.1.1 Subject to the provisions of this Clause 22 and Call Off of 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". . 22.1.2 A Party may request a Variation by 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. . 22.1.3 Where the Customer has so specified on receipt of a Variation Form from the Supplier, the Supplier 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. . 22.1.4 The Parties may agree to adjust the time limits specified in the Variation Form to allow for the preparation of the Impact Assessment. . 22.1.5 Subject to 22.1.4, 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 Goods and/or Services and the proposed Variation. . 22.1.6 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 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 provide the Goods 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. . 22.1.7 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

Sources: Contract Order Form and Contract Terms

Variation Procedure. Subject to the provisions of this Clause 22 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, 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. Where the Customer has so specified on receipt of a Variation Form from the Supplier, the Supplier 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. The Parties may agree to adjust the time limits specified in the Variation Form to allow for the preparation of the Impact Assessment. Subject to 22.1.426.1.4, 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 Services 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 provision of the Services 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 provide the Services Goods 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

Sources: Call Off Order Form

Variation Procedure. Subject to the provisions of this Clause 22 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, 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. Where the Customer Contracting Authority has so specified on receipt of a Variation Form from the Supplier, the Supplier 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. The Parties may agree to adjust the time limits specified in the Variation Form to allow for the preparation of the Impact Assessment. Subject to 22.1.4, 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 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 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 provide the 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

Sources: Framework Agreement