Variation of the Specification. The Authority may at any time propose to the Contractor any reasonable variation or addition to the Specification and the Contractor shall not unreasonably withhold or delay its consent to such variation. No such variation or addition shall affect the continuation of the Contract. Dispute Resolution Procedure During any dispute, including a dispute as to the validity of the Contract, it is mutually agreed that the Contractor shall continue its performance of the provisions of the Contract (unless the Authority or any Beneficiary requests in writing that the Contractor does not do so). If a dispute arises between the Authority or any Beneficiary and the Contractor in relation to any matter which cannot be resolved by the Authorised Officer and the Contractor Manager either of them may refer such dispute to the Dispute Resolution Procedure. In the first instance each of the Authority or such Beneficiary and the Contractor shall arrange for a more senior representative than those referred to in Clause 24.2 to meet solely in order to resolve the matter in dispute. Such meeting(s) shall be minuted and shall be chaired by the Authority or such Beneficiary (but the chairman shall not have a casting vote). Such meeting(s) shall be conducted in such manner and at such venue (including a meeting conducted over the telephone) as to promote a consensual resolution of the dispute in question at the discretion of the chairman. If the meeting(s) referred to in Clause 24.3 does not resolve the matter in question then the Parties will attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution ("CEDR") Model Mediation Procedure or any other model mediation procedure as agreed by the Parties. To initiate a mediation the Parties may give notice in writing (a "Mediation Notice") to the other requesting mediation of the dispute and shall send a copy thereof to CEDR or an equivalent mediation organisation as agreed by the Parties asking them to nominate a mediator. The mediation shall commence within 28 days of the Mediation Notice being served. Neither Party will terminate such mediation until each of them has made its opening presentation and the mediator has met each of them separately for at least one hour. Thereafter paragraph 14 of the Model Mediation Procedure will apply (or the equivalent paragraph of any other model mediation procedure agreed by the Parties). Neither Party to the mediation will commence legal proceedings against the...
Variation of the Specification. 23.1 The Authority may at any time propose to the Contractor any reasonable variation or addition to the Specification and the Contractor shall not unreasonably withhold or delay its consent to such variation.
Variation of the Specification. No amendments to the Contract, nor any additional or substitute clauses, schedules or appendices thereto, shall be valid unless made in writing expressly purporting to amend the Contract and executed on behalf of both parties by their respective Authorised Officers. Subject to clause 21.1 either party may at any time propose any reasonable variation or addition to the Specification provided that the proposing party gives at least one month’s written notice of any proposed variation or addition and provided either (a) that such variation or addition can be achieved without need for additional funding and or time; or (b) that NICE provides any additional funding and or time reasonably required by the Contractor in respect of such variation or addition. The notice shall give details of the variation or addition and the date on which it is to take effect. Where a proposal for variation is made by the Contractor with regard to the methods or process contained within the Specification NICE shall have the sole right to accept or reject the variation. No such variation or addition shall affect the continuation of the Agreement. If the proposed variation or addition does not result in agreement to a requested variation of Services, whether due to rejection of such a request by one party or non-acceptance by NICE, of a response or a lack of response to such a request, the parties shall seek agreement through the dispute resolution procedure specified in clause 22 below before recourse to any other resolution. For the avoidance of doubt all Annex 1 Memorandums of Agreement are variations to the contract.
Variation of the Specification. NICE may at any time make any reasonable variation or addition to the Specification provided that NICE gives the Contractor at least one month’s written notice of any variation or addition and provided either (a) that such variation or addition can be achieved without need for additional funding; or (b) that NICE provides any additional funding reasonably required by the Contractor in respect of such variation or addition. The notice shall give details of the variation or addition and the date on which it is to take effect. No such variation or addition shall affect the continuation of the Agreement.
Variation of the Specification. Where appropriate the parties will be able to jointly agree variations or additions to the Specification to achieve necessary and constructive changes aimed to improve service effectiveness. The Council may at any time propose to the Provider any reasonable variation or addition to the Specification and the Provider shall not unreasonably withhold or delay its consent to such variation. No such variation or addition shall affect the continuation of the Contract.
Variation of the Specification. 11.2.1 Either Party may at any time propose to the other a variation or addition to the Specification provided that such variation does not amount to a material change to the Specification. Neither Party shall unreasonably withhold or delay its consent to such variation. Any such variation shall be made in writing and signed for and on behalf of both Parties.
