Common use of Change Request Clause in Contracts

Change Request. LLC or DBS can request a change in the scope of work or any other part of the Project at any time ("Change Request"). A Change Request will be in writing and will follow a format which DBS and LLC will agree without undue delay. A Change Request must contain sufficient information to enable the addressee to reasonably evaluate the Change Request including particularly: . description of the change (including specifications, test procedures, date of completion, etc.), . reasons for the change, . additional resources required to implement the change (including any proposed subcontractors other than Freelancers), . impact on time frame for completion of affected Deliverables, . impact on service levels, particularly with regard to the service levels established under the Systems Operations Agreement, . cost impact of the change and allocation of responsibility for increased costs or benefits from reduced costs; if appropriate, the Change Request will contain either a time and materials price scheme or a fixed price for the additional work together with a payment schedule. If the party submitting a Change Request cannot reasonably provide sufficient information under the above categories using the party's own resources, the submitting party can require the other party to assist in providing the missing information without undue delay. If a Change Request initiated by LLC requires DBS to expend more than one man day in order to complete the information, DBS can charge for its work on a "time and materials" basis if DBS has informed LLC in advance that it intends to charge for such efforts. DBS will not charge if one man day or less is required to complete the information. A Change Request will become binding when it has been signed by both LLC and DBS. LLC and DBS will evaluate Change Requests without undue delay. No party is under an obligation to perform work under a Change Request prior to its having been signed; the costs for performing any such work prior to signing will be borne by the party performing the work. LLC can require DBS to accept a Change Request if (i) the Change Request is related to JV Release 1.0 or subsequent versions of the Eurex Software, and (ii) LLC has agreed to compensate DBS for the work under the Change Request in accordance with the then-applicable DBS Catalogue of Prices (see, Clause 9.2). DBS cannot require LLC to accept a Change Request. A Development Party submitting an instruction under Clause 3.2.1 or 3.2.2 must comply with the Change Request procedure. The Change Request will become binding when it has been signed by one or more authorized officers of the Development Party without the LLC Program Managers having to sign it. Such a Change Request cannot be to the detriment of another party which does not sign the Change Request. In the case of a Change Request which is to detriment of a party, all affected parties (including DBS) will use their commercially reasonable best efforts to achieve a work around. The other provisions governing Change Requests and the pertinent provisions of this Agreement apply, mutatis mutandis. DBS will treat Change Requests and instructions proposed by the CBOT Group no less favorably than DBS treats those submitted by the LLC or the Eurex Entities, respectively.

Change Request. LLC or DBS can request a change in the scope of work or any other part of the Project at any time ("Change Request") with respect to the part of the System relating solely to the CBOT Group and the part of the System which is shared by the CBOT Group and the Eurex Group. The Eurex Entities or DBS can request a change in the scope of work or any other part of the Project at any time with respect to the part of the System relating solely to the Eurex Group (see, Schedule 2.1). A Change Request will be in writing and will follow a format which DBS and LLC or the Eurex Entities, respectively, will agree without undue delay. Each of DBS and LLC or the Eurex Entities, respectively, will provide each of the other of them and members of the LLC Group with a copy of all proposed and final Change Requests without undue delay. A Change Request must contain sufficient information to enable the addressee to reasonably evaluate the Change Request including particularly: . description of the change (including specifications, test procedures, date of completion, completion etc.), . reasons for the change, . additional resources required to implement the change (including any proposed subcontractors other than Freelancers), . impact on time frame for completion of affected Deliverablesother Deliverables and Services, including Deliverables and Services under the Master Software Development Agreement, . impact on service levels, particularly with regard to the service levels established under the Systems Operations Agreement, . cost impact of the change and allocation of responsibility for increased costs or benefits from reduced costs; if appropriate, the Change Request will contain either a time and materials price scheme or a fixed price for the additional work together with a payment schedule. If the party submitting a Change Request cannot reasonably provide sufficient information under the above categories using the party's own resources, the submitting party can require the other party or parties to assist in providing the missing information without undue delay. If a Change Request initiated by LLC or the Eurex Entities requires DBS to expend more than one man day in order to complete the information, DBS can charge for its work on a "time and materials" basis if DBS has informed LLC or the Eurex Entities, respectively, in advance that it intends to charge for such efforts. DBS will not charge if one man day or less is required to complete the information. A Change Request will become binding when it has been signed by both LLC and DBS or the Eurex Entities and DBS, respectively. LLC and DBS or the Eurex Entities and DBS, respectively, will evaluate Change Requests without undue delay. No party is under an obligation to perform work under a Change Request prior to its the Change Request having been signed; the costs for performing any such work prior to signing will be borne by the party performing the work. LLC or the Eurex Entities, respectively, can require DBS to accept a Change Request if (i) the Change Request is related to JV Release 1.0 or subsequent versions their part of the Eurex SoftwareSystem provided that LLC will give instructions as to the shared part of the System, and (ii) LLC has or the Eurex Entities, respectively, have agreed to compensate DBS for the work under the Change Request in accordance with the then-applicable DBS Catalogue of Prices (see, Clause 9.2). DBS cannot require LLC or the Eurex Entities, as applicable, to accept a Change Request. A Development DBS will treat Change Requests and instructions proposed for the CBOT Group no less favorably than DBS treats those submitted for the LLC or the Eurex Entities, respectively. An Operating Party submitting can also submit a Change Request under this Clause or an instruction under Clause 3.2.1 3.2 as a Change Request. The submission of a Change Request or 3.2.2 an instruction must comply with the Change Request procedure. The , whereby the Change Request or instruction will become binding when it has been signed by one or more authorized officers of the Development Operating Party without the LLC Program Managers having to sign it. Such a Change Request or instruction cannot be to the detriment of another party which does not sign the Change Request. In the case of a Change Request or an instruction which is to the detriment of a party, all affected parties (including DBS) will use their commercially reasonable best efforts to achieve a work around. The other provisions governing Change Requests and the pertinent provisions of this Agreement apply, mutatis mutandis. DBS will treat Change Requests and instructions proposed by the CBOT Group no less favorably than DBS treats those submitted by the LLC or the Eurex Entities, respectively.