Change Control Procedure Clause Samples
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Change Control Procedure. A. At any time during the term of this Agreement, either Party may propose a change or changes to any part or parts of this Agreement.
B. The change control procedures set out in this Schedule will apply to all changes irrespective of whether the Contractor or TG4 proposes the change.
C. A change control notice (“Change Control Notice”) shall be prepared for all change requests. The Change Control Notice will provide an outline description of the change requested, the rationale for the change, the effect that the change will have on the Services (where known) and an estimate of the effort and cost required to prepare an impact assessment (“Impact Assessment”).
D. All Change Control Notices proposing changes to this Agreement must be submitted for review to the other Party’s Contact.
E. The Parties must indicate their acceptance or rejection of the change control request and/or Impact Assessment within a reasonable timeframe of its completion and submission for review, subject to a maximum of twenty (20) calendar days or such other period agreed between the Parties.
F. On approval of an Impact Assessment, this Agreement and/or the Schedules should be updated and revised as appropriate and in writing.
G. In the event that either Party rejects the Impact Assessment, the change(s) shall not take place and the Parties shall continue to perform their obligations under this Agreement.
H. The Contractor and TG4 will agree a reasonable charge in advance for investigating each proposed variation and preparing each estimate, whether or not the variation is implemented. If TG4’s request for any variation is subsequently withdrawn but results in a delay in the performance of the Services then the Contractor will not be liable for such delay and will be entitled to an extension of time equal to not less than the period of the delay.
Change Control Procedure. Any requirement for a Change shall be subject to the Change Control Procedure.
Change Control Procedure. 34.1 In the event that either Party desires any change the terms of this Agreement or any Contract which may materially impact on the timings, scope, Specification or Charges of the Goods or Services, or the scope of either parties’ obligations under this Agreement or the relevant Contract, or which the relevant Party otherwise reasonably determines warrants the use of this change control procedure, the following procedures will apply:
(a) the Party requesting the change will deliver a “Change Request” (in the form (or substantially in the same form) contained in Schedule 5 to this Agreement) which describes:
(i) the nature of the change;
(ii) the reason for the change;
(iii) the effect that the requested change will have on the scope or Specification for the Goods or Services; and
(iv) any change to the Charges and the Term.
(b) Upon receipt of a Change Request, the receiving Party’s authorised representative will contact his/ her counterpart within 5 working days to discuss and agree the Change Request. The parties will negotiate the proposed changes to the Agreement and/or affected Contract in good faith and agree a timeline in which to finalise the Change Notice.
(c) Neither party is obliged to agree to a Change Request, but if the parties do agree to implement such a Change Request, the appropriate authorised representatives of both parties will sign the Change Request which will be effective from the date set out in the Change Request.
(d) If there is any conflict between the terms and conditions set out in the Agreement or any Contract and the Change Request, then the terms and conditions set out in the most recent fully executed Change Request will apply.
(e) The Supplier shall neither be relieved of its obligations to supply the Goods and/or Services in accordance with the terms and conditions of this Agreement or any Contract, nor be entitled to an increase in the Charges as the result of:
(i) a General Change in Law; or
(ii) a Specific Change in Law where the effect of that Specific Change in Law on the Goods and/or Services is reasonably foreseeable at the Commencement Date of this Agreement, or, where the Change Request relates to a Contract, the applicable Contract Commencement Date.
34.2 The Parties agree that any variations to the Agreement or any Contract to reflect non- material changes (including for example a change to the name/contact details of a Party’s representative) may be agreed in writing and shall not be required to be made in ...
Change Control Procedure. If either party requests a modification of the Agreement or any PSA, including (i) a change to the scope of the Services, Dedicated FTEs, Performance Standards, or Charges under any PSA, (ii) a change to the Exhibits or Schedules to the Agreement, (iii) the addition of New Services, (iv) a change to the features, functionality, scalability or performance of the Services, or (v) any other change to the terms of the Agreement or any PSA, the requesting party’s Account Executive or his or her designee shall submit a written proposal in the form attached as Exhibit K (a “Change Order Request”) to the other party’s Account Executive describing such desired change. Such party’s Account Executive shall review the proposal and reject or accept the proposal in writing within a reasonable period of time, but in no event more than thirty (30) days after receipt of the proposal. If the proposal is rejected, the writing shall include the reasons for rejection. If the proposal is accepted, the parties shall mutually agree on the changes to be made, if necessary, to the Agreement, the applicable PSA, or any applicable Exhibits. All such changes shall be made only in a written Change Order signed by the Account Executive of each of the parties or his designee (authorized in writing by the applicable party), and thereafter embodied in the applicable documents by appropriate written addenda thereto executed by PROVIDER and CUSTOMER.
Change Control Procedure. 4.1 The Customer may, by giving written notice to the Supplier at any time during the term of this Agreement, request a change in the scope of a SOW.
4.2 Within seven (7) Working Days of receipt of such notice, subject to the change being viable and receipt if all information reasonably requested by the Supplier, the Supplier shall prepare for the Customer a written quote for any increase or decrease in the Charges payable by the Customer under this Schedule, and any effect that the requested change would have on the scope of the Order and/or SOW. The Supplier also reserves the right to charge the Customer in accordance with its Tariff in relation to any work undertaken in preparing its quote in response to a change request.
4.3 Should the request made not be viable, the Supplier shall within seven (7) Working Days of the request, notify the Customer, qualifying why and where possible suggest an alternative. The Supplier also reserves the right to charge the Customer in accordance with its Tariff in relation to any work undertaken in preparing its response to a change request.
4.4 Within seven (7) Working Days of receipt of the written quote referred to in paragraph 4.2, the Customer shall inform the Supplier in writing of whether the Customer wishes the requested change to be made. If the change is required, the Supplier shall not make the requested change until the parties have agreed and signed a SOW specifying any changes to the scope of the Professional Services and the Charges payable to the Supplier.
Change Control Procedure. The Parties acknowledge that Changes to the Contract may be necessary to reflect operational and administrative procedures during the Contract Period and that such Changes will be advised to the Contractor.
Change Control Procedure. 13.1 If the Customer wishes to change the level or content of the Services in any way, then it shall submit a proposal to G7 in Writing containing full details thereof ("the Proposal"). G7 shall consider such Proposal and, provided it is reasonable to do so and the Customer can justify its recommendations, G7 shall accept (with or without modifications) or reject the Proposal and shall notify the Customer accordingly. G7 shall not unreasonably withhold or delay its agreement to any Proposal. Any reasonable modifications by G7 to the Proposal or any resultant changes in the Service Charges shall be communicated to the Customer and, provided they are accepted by the Customer, such modifications or changes shall take effect as if part of this Agreement.
13.2 If G7 wishes to change the level or content of the Services in any way, then it shall submit a proposal to the Customer in Writing containing full details thereof ("the Proposal"). The Customer shall consider such Proposal and, provided it is reasonable to do so and G7 can justify its recommendations, the Customer shall accept (with or without modifications) or reject the Proposal and shall notify G7 accordingly. The Customer shall not unreasonably withhold or delay its agreement to any Proposal. Any reasonable modifications by the Customer to the Proposal shall be communicated to G7 and, if accepted by G7, then the Proposal as amended shall take effect as if part of this Agreement. If such modifications are not accepted by G7, then G7 shall notify the Customer, who will decide in a timely fashion whether it accepts the Proposal as unmodified.
13.3 If the Customer does not accept G7’s proposed changes to the Service Charges under Clause 13.1 or either party rejects the other party’s Proposal, then this Agreement shall remain in full force and effect and the Proposal shall not be a part thereof or the Customer may, in its sole discretion, terminate this Agreement with effect from such date as the Customer shall specify.
13.4 If the Customer wishes to upgrade from the version it is currently using to any new version which is substantially different then, before implementing this these changes, control procedures shall be applied in respect thereof and this shall be regarded as a change in the level or content of the Services.
Change Control Procedure. Any requirement for a Change shall be subject to the Change Control Procedure. Change in Law The Service Provider shall neither be relieved of its obligations to supply the Services in accordance with the terms and conditions of this Contract nor be entitled to an increase in the Charges as the result of: a General Change in Law; or a Specific Change in Law where the effect of that Specific Change in Law on the Services is reasonably foreseeable at the Commencement Date. If a Specific Change in Law occurs or will occur during the Term (other than as referred to in clause 42.2.2), the Service Provider shall: notify the Purchaser as soon as reasonably practicable of the likely effects of that change, including: whether any Change is required to the Services, the Charges or this Contract; and whether any relief from compliance with the Service Provider's obligations is required, including any obligation to Achieve a Milestone and/or to meet any relevant Service Levels; and provide the Purchaser with evidence: that the Service Provider has minimised any increase in costs or maximised any reduction in costs, including in respect of the costs of its Sub-contractors; as to how the Specific Change in Law has affected the cost of providing the Services; and demonstrating that any expenditure that has been avoided has been taken into account in amending the Charges. Any variation in the Charges or relief from the Service Provider's obligations resulting from a Specific Change in Law (other than as referred to in clause 42.2.2) shall be implemented in accordance with the Change Control Procedure.
Change Control Procedure. A. At any time during the term of this Agreement, either Party may propose a change or changes to any part or parts of this Agreement.
B. The change control procedures set out in this Schedule will apply to all changes irrespective of whether the Contractor or the Client proposes the change.
Change Control Procedure. The Parties acknowledge that minor changes to the Call-Off Contract may be necessary to reflect operational and administrative procedures during the Term and that such minor changes may be agreed in writing between the Parties' respective contract managers. The Contractor shall use reasonable endeavours to incorporate minor changes requested by DfE within the current Charges and shall not serve a Contractor Notice of Change unless the change involves a demonstrable material increase to its costs or requires a material change to the Call-Off Contract. Either Party may request a Variation provided that such Variation does not amount to a material change. DfE may request a Variation by completing the Change Control Notice and giving the Contractor sufficient information to assess the extent of the Variation and consider whether any change to the Charges are required in order to implement the Variation within a reasonable time limit specified by DfE. If the Contractor accepts the Variation it shall confirm it in writing within 21 days of receiving the Change Control Notice. If the Contractor is unable to accept the Variation or where the Parties are unable to agree a change to the Charges, DfE may allow the Contractor to fulfil its obligations under the Call-Off Contract without Variation or if the Parties cannot agree to the Variation the Dispute will be determined in accordance with clause 42 (Dispute Resolution) of the Framework Agreement. If the Contractor wishes to introduce a change to the Call-Off Contract it may request a Variation by serving the Change Control Notice on DfE. DfE shall evaluate the Contractor’s proposed Variation in good faith, taking into account all relevant issues. DfE shall confirm in writing within 21 days of receiving the Change Control Notice if it accepts or rejects the Variation. DfE may at its absolute discretion reject any request for a Variation proposed by the Contractor.