Variation Procedure. 17.1. At any time during the term of this Agreement the Company may request, and the Supplier may recommend, changes to the Services, any Work Instruction and/or this Agreement (a “Proposed Change”). Any Proposed Change shall be made by submission of a draft Variation by one party to the other in substantially the same form as set out in Schedule Part 5 (Form of Variation). 17.2. The Supplier shall investigate the impact of any Proposed Change upon the Services, the relevant Work Instruction(s), the Charges and any other aspect of this Agreement and shall (if required by the Company and at the Supplier’s cost) provide the Company with a detailed written report and quotation. 17.3. Neither Party shall be obliged to agree to any Proposed Change but neither Party shall withhold or delay its agreement to any Proposed Change unreasonably. 17.4. If the Parties agree the terms of any Proposed Change, the Variation (as agreed between the Parties) shall be signed by each of the Parties. This Agreement and/or the relevant Work Instruction shall be deemed to be amended in accordance with the terms of any Variation signed by both Parties with effect from the effective date set out in the Variation. 17.5. Until such time as a Variation is signed by both Parties in accordance with Clause 17.4, each Party shall, unless otherwise agreed in writing, continue to perform its obligations set out in this Agreement as if the Proposed Change had not been raised. 17.6. Subject always to Clause 16.1, the Supplier undertakes that any proposed amendments to the Charges in connection with any Proposed Change shall be reasonable and proper. The Supplier shall provide to the Company reasonable details in writing of any such proposed amendment to the Charges and shall provide such information as the Company may reasonably require in order to demonstrate that the relevant amendments to the Charges are justifiable and competitive.
Appears in 1 contract
Sources: Services Agreement
Variation Procedure.
17.1. At any time during the term of this Agreement the Company may request, and the Supplier may recommend, changes to the Services, any Work Instruction and/or this Agreement (a “Proposed Change”). Any Proposed Change shall be made by submission of a draft Variation by one party to the other in substantially the same form as set out in Schedule Part 5 8 (Form of Variation).
17.2. The Supplier shall investigate the impact of any Proposed Change upon the Services, the relevant Work Instruction(s), the Charges and any other aspect of this Agreement and shall (if required by the Company and at the Supplier’s cost) provide the Company with a detailed written report and quotation.
17.3. Neither Party shall be obliged to agree to any Proposed Change but neither Party shall withhold or delay its agreement to any Proposed Change unreasonably.
17.4. If the Parties agree the terms of any Proposed Change, the Variation (as agreed between the Parties) shall be signed by each of the Parties. This Agreement and/or the relevant Work Instruction shall be deemed to be amended in accordance with the terms of any Variation signed by both Parties with effect from the effective date set out in the Variation.
17.5. Until such time as a Variation is signed by both Parties in accordance with Clause 17.4, each Party shall, unless otherwise agreed in writing, continue to perform its obligations set out in this Agreement as if the Proposed Change had not been raised.
17.6. Subject always to Clause 16.1, the Supplier undertakes that any proposed amendments to the Charges in connection with any Proposed Change shall be reasonable and proper. The Supplier shall provide to the Company reasonable details in writing of any such proposed amendment to the Charges and shall provide such information as the Company may reasonably require in order to demonstrate that the relevant amendments to the Charges are justifiable and competitive.
Appears in 1 contract
Sources: Ict System Provision Agreement
Variation Procedure. 17.1. At any time during the term of this Agreement the Company may request, and the Supplier may recommend, changes to the Services, any Work Instruction and/or this Agreement (a “Proposed Change”). Any Proposed Change shall be made by submission of a draft Variation by one party to the other in substantially the same form as set out in Schedule Part 5 8 (Form of Variation).
17.2. The Supplier shall investigate the impact of any Proposed Change upon the Services, the relevant Work Instruction(s), the Charges and any other aspect of this Agreement and shall (if required by the Company and at the Supplier’s cost) provide the Company with a detailed written report and quotation.
17.3. Neither Party shall be obliged to agree to any Proposed Change but neither Party shall withhold or delay its agreement to any Proposed Change unreasonably.
17.4. If the Parties agree the terms of any Proposed Change, the Variation (as agreed between the Parties) shall be signed by each of the Parties. This Agreement and/or the relevant Work Instruction shall be deemed to be amended in accordance with the terms of any Variation signed by both Parties with effect from the effective date set out in the Variation.
17.5. Until such time as a Variation is signed by both Parties in accordance with Clause 17.4, each Party shall, unless otherwise agreed in writing, continue to perform its obligations set out in this Agreement as if the Proposed Change had not been raised.
17.6. Subject always to Clause 16.1, the Supplier undertakes that any proposed amendments to the Charges in connection with any Proposed Change shall be reasonable and proper. The Supplier shall provide to the Company reasonable details in writing of any such proposed amendment to the Charges and shall provide such information as the Company may reasonably require in order to demonstrate that the relevant amendments to the Charges are justifiable and competitive.
Appears in 1 contract
Sources: Agreement for the Provision of an Ict System and Related Services
Variation Procedure. 17.1. At any time during 17.1.1 Subject to the term provisions of this Agreement Clause 17 and of Schedule 3 (Contract Charges, Payment and Invoicing), either Party may request a variation to this Contract provided that such variation does not amount to a substantial modification or a material change of this Contract within the Company may request, meaning of the Regulations and the Supplier Law. Such a change once implemented is hereinafter called a "Variation".
17.1.2 A Party may recommendrequest a Variation by completing, changes signing and sending the Variation Form to the Servicesother Party giving sufficient information for the receiving Party to assess the extent of the proposed Variation and any additional cost that may be incurred.
17.1.3 Where the Authority has so specified on receipt of a Variation Form from the Supplier, any Work Instruction and/or this Agreement the Supplier shall carry out an impact assessment of the Variation on the Services (a the “Proposed ChangeImpact Assessment”). Any Proposed Change The Impact Assessment shall be made by submission completed in good faith and shall include:
(a) details of a draft Variation by one party to the other in substantially the same form as set out in Schedule Part 5 (Form of Variation).
17.2. The Supplier shall investigate the impact of any Proposed Change upon the Services, proposed Variation on the relevant Work Instruction(s), Services and the Charges and any Supplier's ability to meet its other aspect obligations under this Contract;
(b) details of this Agreement and shall the cost of implementing the proposed Variation;
(if c) details of the ongoing costs required by the Company proposed Variation when implemented, including any increase or decrease in the 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
(e) such other information as the Authority may reasonably request in (or in response to) the Variation request.
17.1.4 The Parties may agree to adjust the time limits specified in the Variation Form to allow for the preparation of the Impact Assessment.
17.1.5 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 Supplier’s cost) provide discretion of the Company with a detailed written report Authority having regard to the nature of the Services and quotationthe proposed Variation.
17.3. Neither Party shall be obliged 17.1.6 In the event that:
(a) the Supplier is unable to agree to any Proposed Change but neither Party or provide the Variation; and/or
(b) the Parties are unable to agree a change to the Contract Charges that may be included in a request of a Variation or response to it as a consequence thereof, the Authority may:
(i) agree to continue to perform its obligations under this Contract without the Variation; or
(ii) terminate this Contract with immediate effect, except where the Supplier has already fulfilled part or all of the Services ordered in accordance with this Contract or where the Supplier can show evidence of substantial work being carried out to provide the Services under this Contract, and in such a case the Parties shall withhold or delay its agreement attempt to any Proposed Change unreasonablyagree upon a resolution to the matter. Where a resolution cannot be reached, the matter shall be dealt with under the Dispute Resolution Procedure.
17.4. 17.1.7 If the Parties agree the terms of any Proposed Change, the Variation (as agreed between the Parties) shall be signed by each of the Parties. This Agreement and/or the relevant Work Instruction shall be deemed to be amended in accordance with the terms of any Variation signed by both Parties with effect from the effective date set out in the Variation.
17.5. Until such time as a Variation is signed by both Parties in accordance with Clause 17.4, each Party shall, unless otherwise agreed in writing, continue to perform its obligations set out in this Agreement as if the Proposed Change had not been raised.
17.6. Subject always to Clause 16.1, the Supplier undertakes that any proposed amendments to shall implement such Variation and be bound by the Charges same provisions so far as is applicable, as though such Variation was stated in connection with any Proposed Change shall be reasonable and proper. The Supplier shall provide to the Company reasonable details in writing of any such proposed amendment to the Charges and shall provide such information as the Company may reasonably require in order to demonstrate that the relevant amendments to the Charges are justifiable and competitivethis Contract.
Appears in 1 contract
Sources: Supplier Contract
Variation Procedure. 17.1. At any time during 15.1.1 Subject to the term provisions of this Agreement Clause 15 and of Schedule 3 (Contract Charges, Payment and Invoicing), either Party may request a variation to this Contract provided that such variation does not amount to a material change of this Contract within the Company may request, meaning of the Regulations and the Law. Such a change once implemented is hereinafter called a "Variation".
15.1.2 A Party may request a Variation by completing and sending the Variation Form to the other Party giving sufficient information for the receiving Party to assess the extent of the proposed Variation and any additional cost that may be incurred.
15.1.3 The Authority may require the Supplier may recommendto 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 sufficient detail to enable the Authority to fully consider the impact of the proposed Variation, changes to including:
(a) a description of the proposed services and target performance levels;
(b) details of the impact of the proposed Variation on the Services, any Work Instruction and/or 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 Agreement Contract;
(a “Proposed Change”). Any Proposed Change shall be made by submission of a draft Variation by one party to the other in substantially the same form as set out in Schedule Part 5 (Form of Variation).
17.2. The Supplier shall investigate the impact c) full visibility and breakdown of any Proposed Change upon cost of implementing the Services, proposed Variation including any relevant supporting evidence which is reasonably necessary for the Authority to substantiate and verify the proposed costs (including any relevant Work Instruction(sOpen Book Data), ;
(d) details of the Charges and any other aspect of this Agreement and shall (if on-going costs required by the Company proposed Variation when implemented, including any increase or decrease in the Contract Charges, any alteration in the resources and/or expenditure required by either Party and any alteration to the working practices of either Party;
(e) a timetable for the implementation, together with any proposals for the testing of the Variation; and
(f) such other information as the Authority may reasonably request in (or in response to) the Variation request or an Impact Assessment.
15.1.4 The Parties may agree to adjust the time limits specified in the Variation Form to allow for the preparation of the Impact Assessment.
15.1.5 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 Supplier’s cost) provide discretion of the Company with a detailed written report Authority having regard to the nature of the Services and quotationthe proposed Variation.
17.3. Neither Party shall be obliged 15.1.6 Subject to Clause 15.1.8, in the event that:
(a) the Supplier is unable to agree to any Proposed Change but neither Party or provide the Variation; and/or
(b) the Parties are unable to agree a change to the Contract Charges that may be included in a request of a Variation or response to it as a consequence thereof, the Authority may:
(i) agree to continue to perform its obligations under this Contract without the Variation; or
(ii) terminate this Contract with immediate effect, except where the Supplier has already fulfilled part or all of the Services ordered in accordance with this Contract or where the Supplier can show evidence of substantial work being carried out to provide the Services under this Contract, and in such a case the Parties shall withhold or delay its agreement attempt to any Proposed Change unreasonablyagree upon a resolution to the matter. Where a resolution cannot be reached, the matter shall be dealt with under the Dispute Resolution Procedure.
17.4. 15.1.7 If the Parties agree the terms of any Proposed Change, the Variation (as agreed between the Parties) shall be signed by each of the Parties. This Agreement and/or the relevant Work Instruction shall be deemed to be amended in accordance with the terms of any Variation signed by both Parties with effect from the effective date set out in the Variation.
17.5. Until such time as a Variation is signed by both Parties in accordance with Clause 17.4, each Party shall, unless otherwise agreed in writing, continue to perform its obligations set out in this Agreement as if the Proposed Change had not been raised.
17.6. Subject always to Clause 16.1, the Supplier undertakes shall implement such Variation and be bound by the same provisions so far as is applicable, as though such Variation was stated in this Contract.
15.1.8 A Party can only propose an adjustment of the Contract Charges under paragraph 1.2 of Annex 1 to Schedule 3 provided that any it submits its proposed amendments Variation to the Contract Charges in connection with any Proposed Change shall be reasonable and proper. The Supplier shall provide to the Company reasonable details in writing other Party within twenty (20) Working Days of any such proposed amendment to service of the Charges and shall provide such information as the Company may reasonably require in order to demonstrate that the relevant amendments to the Charges are justifiable and competitiveAuthority's notice of extension under Clause 5.
Appears in 1 contract
Variation Procedure. 17.1. At any time during the term of this Agreement the Company may request, and the Supplier may recommend, changes to the Goods, the Services, any Work Instruction and/or this Agreement (a “Proposed Change”). Any Proposed Change shall be made by submission of a draft Variation by one party to the other in substantially the same form as set out in Schedule Part 5 (Form of Variation).
17.2. The Supplier shall investigate the impact of any Proposed Change upon the Goods, the Services, the relevant Work Instruction(s), the Charges and any other aspect of this Agreement and shall (if required by the Company and at the Supplier’s cost) provide the Company with a detailed written report and quotation.
17.3. Neither Party shall be obliged to agree to any Proposed Change but neither Party shall withhold or delay its agreement to any Proposed Change unreasonably.
17.4. If the Parties agree the terms of any Proposed Change, the Variation (as agreed between the Parties) shall be signed by each of the Parties. This Agreement and/or the relevant Work Instruction shall be deemed to be amended in accordance with the terms of any Variation signed by both Parties with effect from the effective date set out in the Variation.
17.5. Until such time as a Variation is signed by both Parties in accordance with Clause 17.4, each Party shall, unless otherwise agreed in writing, continue to perform its obligations set out in this Agreement as if the Proposed Change had not been raised.
17.6. Subject always to Clause 16.1, the Supplier undertakes that any proposed amendments to the Charges in connection with any Proposed Change shall be reasonable and proper. The Supplier shall provide to the Company reasonable details in writing of any such proposed amendment to the Charges and shall provide such information as the Company may reasonably require in order to demonstrate that the relevant amendments to the Charges are justifiable and competitive.
Appears in 1 contract
Variation Procedure.
17.1. At any time during the term of this Agreement the Company may request, and the Supplier may recommend, changes to the Services, any Work Instruction and/or this Agreement (a “Proposed Change”). Any Proposed Change shall be made by submission of a draft Variation by one party to the other in substantially the same form as set out in Schedule Part 5 (Form of Variation).
17.2. The Supplier shall investigate the impact of any Proposed Change upon the Services, the relevant Work Instruction(s), the Charges and any other aspect of this Agreement and shall (if required by the Company and at the Supplier’s cost) provide the Company with a detailed written report and quotation.
17.3. Neither Party shall be obliged to agree to any Proposed Change but neither Party shall withhold or delay its agreement to any Proposed Change unreasonably.
17.4. If the Parties agree the terms of any Proposed Change, the Variation (as agreed between the Parties) shall be signed by each of the Parties. This Agreement and/or the relevant Work Instruction shall be deemed to be amended in accordance with the terms of any Variation signed by both Parties with effect from the effective date set out in the Variation.
17.5. Until such time as a Variation is signed by both Parties in accordance with Clause 17.4, each Party shall, unless otherwise agreed in writing, continue to perform its obligations set out in this Agreement as if the Proposed Change had not been raised.
17.6. Subject always to Clause 16.1, the Supplier undertakes that any proposed amendments to the Charges in connection with any Proposed Change shall be reasonable and proper. The Supplier shall provide to the Company reasonable details in writing of any such proposed amendment to the Charges and shall provide such information as the Company may reasonably require in order to demonstrate that the relevant amendments to the Charges are justifiable and competitive.
Appears in 1 contract
Sources: Services Agreement
Variation Procedure.
17.1. At any time during the term of this Agreement the Company may request, and the Supplier may recommend, changes to the Goods, the Services, any Work Instruction and/or this Agreement (a “Proposed Change”). Any Proposed Change shall be made by submission of a draft Variation by one party to the other in substantially the same form as set out in Schedule Part 5 (Form of Variation).
17.2. The Supplier shall investigate the impact of any Proposed Change upon the Goods, the Services, the relevant Work Instruction(s), the Charges and any other aspect of this Agreement and shall (if required by the Company and at the Supplier’s cost) provide the Company with a detailed written report and quotation.
17.3. Neither Party shall be obliged to agree to any Proposed Change but neither Party shall withhold or delay its agreement to any Proposed Change unreasonably.
17.4. If the Parties agree the terms of any Proposed Change, the Variation (as agreed between the Parties) shall be signed by each of the Parties. This Agreement and/or the relevant Work Instruction shall be deemed to be amended in accordance with the terms of any Variation signed by both Parties with effect from the effective date set out in the Variation.
17.5. Until such time as a Variation is signed by both Parties in accordance with Clause 17.4, each Party shall, unless otherwise agreed in writing, continue to perform its obligations set out in this Agreement as if the Proposed Change had not been raised.
17.6. Subject always to Clause 16.1, the Supplier undertakes that any proposed amendments to the Charges in connection with any Proposed Change shall be reasonable and proper. The Supplier shall provide to the Company reasonable details in writing of any such proposed amendment to the Charges and shall provide such information as the Company may reasonably require in order to demonstrate that the relevant amendments to the Charges are justifiable and competitive.
Appears in 1 contract
Variation Procedure. 17.1. At any time during 16.1.1 Subject to the term provisions of this Agreement Clause 16 and of Schedule 3 (Contract Charges, Payment and Invoicing), either Party may request a variation to this Contract provided that such variation does not amount to a material change of this Contract within the Company may request, 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 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.
16.1.3 The Authority may require the Supplier may recommendto 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 sufficient detail to enable the Authority to fully consider the impact of the proposed Variation, changes to including:
(a) a description of the proposed services and target performance levels;
(b) details of the impact of the proposed Variation on the Services, any Work Instruction and/or 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 Agreement Contract;
(a “Proposed Change”). Any Proposed Change shall be made by submission of a draft Variation by one party to the other in substantially the same form as set out in Schedule Part 5 (Form of Variation).
17.2. The Supplier shall investigate the impact c) full visibility and breakdown of any Proposed Change upon cost of implementing the Services, proposed Variation including any relevant supporting evidence which is reasonably necessary for the Authority to substantiate and verify the proposed costs (including any relevant Work Instruction(sOpen Book Data), ;
(d) details of the Charges and any other aspect of this Agreement and shall (if ongoing costs required by the Company proposed Variation when implemented, including any increase or decrease in the Contract Charges, any alteration in the resources and/or expenditure required by either Party and any alteration to the working practices of either Party;
(e) a timetable for the implementation, together with any proposals for the testing of the Variation; and
(f) such other information as the Authority may reasonably request in (or in response to) the Variation request or an Impact Assessment.
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.
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 Supplier’s cost) provide discretion of the Company with a detailed written report Authority having regard to the nature of the Services and quotationthe proposed Variation.
17.3. Neither Party shall be obliged 16.1.6 Subject to Clause 16.1.8, in the event that:
(a) the Supplier is unable to agree to any Proposed Change but neither Party or provide the Variation; and/or
(b) the Parties are unable to agree a change to the Contract Charges that may be included in a request of a Variation or response to it as a consequence thereof, the Authority may:
(i) agree to continue to perform its obligations under this Contract without the Variation; or
(ii) terminate this Contract with immediate effect, except where the Supplier has already fulfilled part or all of the Services ordered in accordance with this Contract or where the Supplier can show evidence of substantial work being carried out to provide the Services under this Contract, and in such a case the Parties shall withhold or delay its agreement attempt to any Proposed Change unreasonablyagree upon a resolution to the matter. Where a resolution cannot be reached, the matter shall be dealt with under the Dispute Resolution Procedure.
17.4. 16.1.7 If the Parties agree the terms of any Proposed Change, the Variation (as agreed between the Parties) shall be signed by each of the Parties. This Agreement and/or the relevant Work Instruction shall be deemed to be amended in accordance with the terms of any Variation signed by both Parties with effect from the effective date set out in the Variation.
17.5. Until such time as a Variation is signed by both Parties in accordance with Clause 17.4, each Party shall, unless otherwise agreed in writing, continue to perform its obligations set out in this Agreement as if the Proposed Change had not been raised.
17.6. Subject always to Clause 16.1, the Supplier undertakes shall implement such Variation and be bound by the same provisions so far as is applicable, as though such Variation was stated in this Contract.
16.1.8 A Party can only propose an adjustment of the Contract Charges under paragraph 1.2 of Annex 1 to Schedule 3 provided that any it submits its proposed amendments Variation to the Contract Charges in connection with any Proposed Change shall be reasonable and proper. The Supplier shall provide to the Company reasonable details in writing other Party within twenty (20) Working Days of any such proposed amendment to service of the Charges and shall provide such information as the Company may reasonably require in order to demonstrate that the relevant amendments to the Charges are justifiable and competitiveAuthority's notice of extension under Clause 5.
Appears in 1 contract