Amendment Requests. The Recipient may not amend the Funding Agreement without the written consent of the IESO as provided for in this Section 6.2. Subject to Sections 6.2(c) and 6.2(d), a Recipient may request an amendment to the following aspects of the Funding Agreement: the activities comprising the Initiative, as set out in the Proposal; the Deliverables; the Target Completion Dates; the Submission Deadlines; the Budget, other than a change to the Maximum Funding Amount; and the Project Team. In order to request an amendment to the Funding Agreement pursuant to Section 6.2(b), a Recipient must submit to the IESO an amendment request, in the form found on the Website (the “Amendment Request”). The IESO reserves the right to waive the requirement for an Amendment Request for non-material amendments to the Target Completion Dates and the Submission Deadlines, which amendments shall be effective only if confirmed in writing by the IESO. The IESO may grant or deny any such Amendment Request in its sole and absolute discretion. Any Amendment Request must be signed by the Recipient and, in the case of Joint Recipients, the Lead Recipient. Any Amendment Request must provide the IESO with a rationale for the amendment requested and an updated Work Plan and Budget, to the extent that the Amendment Request would require a change to the Work Plan and Budget. Upon submission of an Amendment Request, the Recipient must represent and warrant to the IESO that it is in compliance with all of its obligations under the ECB Program, the Funding Agreement, and all other Support Programs, as applicable. Upon submission of an Amendment Request, if the Amendment Request relates to a change to, or addition of, an External Resource, the Recipient must provide the IESO with evidence that it undertook a Competitive Procurement Process, or that it is exempt from the Competitive Procurement Process requirement provided for under Section 4.2(b), which includes providing copies of relevant requests for proposals (if applicable), quotes and rates from potential service providers showing the agreed upon rates for services between all External Resources, as applicable. If a Recipient is requesting an amendment in respect of the Submission Deadline of a Deliverable, such Amendment Request must be submitted at least ten (10) Business Days prior to such Submission Deadline. If a Recipient is requesting an amendment in respect of the Submission Deadline of a Deliverable, then the IESO shall not be liable to the Recipient for, and shall not pay any Disbursement as compensation for, any expenses incurred in respect of such Deliverable (i) after such Amendment Request is submitted, and (ii) after such Submission Deadline, unless such Amendment Request is approved. If the Amendment Request is granted pursuant to Section 6.2(d), the IESO will provide an executed letter to the Recipient outlining the changes to the Funding Agreement, including, if applicable, any new Submission Deadlines related to Deliverables or any new Contract End Date. The Recipient, or in the case of Joint Recipients, each Joint Recipients, will then execute such letter to indicate its acceptance of the changes to the Funding Agreement and return it to the IESO in accordance with its terms and Section 19.1 of the Funding Agreement. The changes to the Funding Agreement outlined in such letter shall only become effective once it has been duly executed by both the IESO and the Recipient, and aside from the changes outlined in such letter, the Recipient shall remain bound by all of the terms and conditions of the Funding Agreement.
Appears in 2 contracts
Sources: Funding Agreement, Funding Agreement
Amendment Requests. The Recipient may not amend the Funding Agreement without the written consent of the IESO as provided for in this Section 6.2. (a) Subject to Sections 6.2(c7.3(b) and 6.2(d7.3(c), a Recipient may request an amendment to the following aspects of the Funding Agreement: :
(i) the activities comprising the Initiative, as set out in the Proposal; Activities;
(ii) the Deliverables; ;
(iii) the Target Completion Dates; ;
(iv) the Submission Deadlines; ;
(v) the Budget, other than a change to the Maximum Funding Amount; and and
(vi) the Project Team. .
(b) In order to request an amendment to the Funding Agreement pursuant to Section 6.2(b7.3(a), a Recipient must submit to the IESO an amendment request, in the form found on the Website (the “Amendment Request”). The IESO reserves the right to waive the requirement for an Amendment Request for non-material amendments to the Target Completion Dates and the Submission Deadlines, which amendments shall be effective only if confirmed in writing by the IESO. .
(c) The IESO may grant or deny any such Amendment Request in its sole and absolute discretion. .
(d) Any Amendment Request must be signed by the Recipient and, in the case of Joint Recipients, the Lead Recipient. Any Amendment Request must provide the IESO with a rationale for the amendment requested and an updated Work Plan and Budget, to the extent that the Amendment Request would require a change to the Work Plan and Budget. .
(e) Upon submission of an Amendment Request, the Recipient must represent and warrant to the IESO that it is in compliance with all of its obligations under the ECB ProgramEPP, the Funding Agreement, the FIT Program, LRP, and all other Support Programs, as applicable. .
(f) Upon submission of an Amendment Request, if the Amendment Request relates to a change to, or addition of, an External Resource, the Recipient must provide the IESO with evidence that it undertook a Competitive Procurement Process, or that it is exempt from the Competitive Procurement Process requirement provided for under Section 4.2(b), which includes providing copies of relevant requests for proposals (if applicable), quotes and rates from potential service providers showing the agreed upon rates for services between all External Resources, as applicable. .
(g) If a Recipient is requesting an amendment in respect of the Submission Deadline of a Deliverable, then such Amendment Request must be submitted at least ten (10) Business Days prior to such Submission Deadline. .
(h) If a Recipient is requesting an amendment in respect of the Submission Deadline of a Deliverable, then the IESO shall not be liable to the Recipient for, and shall not pay any Disbursement as compensation for, any expenses incurred in respect of such Deliverable Deliverable
(i) after such Amendment Request is submitted, and (ii) after such Submission Deadline, unless such Amendment Request is approved. .
(i) If the Amendment Request is granted pursuant to Section 6.2(d7.3(c), the IESO will provide an executed letter to the Recipient outlining the changes to the Funding Agreement, including, if applicable, any new Submission Deadlines related to Deliverables or any new Contract End Date. The Recipient, or in the case of Joint Recipients, each all Joint Recipients, will then execute such letter to indicate its acceptance of the changes to the Funding Agreement and return it to the IESO in accordance with its terms and Section 19.1 19 of the Funding Agreement. The changes to the Funding Agreement outlined in such letter shall only become effective once it has been duly executed by both the IESO and the Recipient, and aside from the changes outlined in such letter, the Recipient shall remain bound by all of the terms and conditions of the Funding Agreement.
Appears in 1 contract
Sources: Funding Agreement