Change Order Procedures. Additional services requested by Client not addressed in a SOW or Order will be billed at Concertium’s T&M rates (“T&M Services”) upon Client approval of the T&M Services or signing of a Change Order. Either Party may initiate a Change Order by submitting a written request to the other Party along with an explanation of reasons as to why such change, modification, or addition is desirable or necessary. All Change Orders must contain: a) a description of any additional or reduced Services to be performed and/or changes to the performance required of either Party, including the estimated additional or reduced number of personnel needed for such performance; b) a description of any additional, reduced, or different Services to be rendered; c) a statement of the impact of the additional Services, or changes to the Services, schedule, costs, or other requirements of the applicable SOW; d) the signatures of duly authorized individuals of each Party; Within ten (10) business days of the submission of a Change Order from one Party to the other, the receiving Party shall notify the other Party of its acceptance or its rejection. Either Party may, in its sole discretion, reject any Change Order requested by the other Party. However, if Concertium requests a Change Order to fix any deficiencies in Client’s infrastructure necessary to allow Concertium to successfully provide its Services under any SOW, then Client must accept that Change Order or Concertium’s obligations to Client under the applicable SOWs shall terminate upon rejection of the proposed Change Order. Notwithstanding anything to the contrary set forth herein, any Client proposed Change Order the effect of which, whether on its own or in the aggregate with previously requested Change Orders, would be to reduce the monthly fees payable to Concertium for the Service or Services that are the subject of the Change Order by more than thirty percent (30%) of the monthly amount payable to Concertium for such Service or Services pursuant to the applicable SOW or SOWs under which such Service or Services are provided shall be deemed null and void and rejected by Concertium. Notwithstanding anything in this MSA to the contrary, in no event shall a rejecting Party be responsible for any damages suffered by the initiating Party as a result of the refusal to accept a Change Order request. Once accepted, the terms of such Change Order shall be deemed to be incorporated into the applicable SOW.
Appears in 2 contracts
Sources: Master Services Agreement, Master Services Agreement
Change Order Procedures. Additional services requested by Client Customer not addressed in a SOW or Order will be billed at ConcertiumVology’s T&M rates (“T&M Services”) upon Client Customer approval of the T&M Services or signing of a Change Order. Either Party may initiate a Change Order by submitting a written request to the other Party along with an explanation of reasons as to why such change, modification, or addition is desirable or necessary. All Change Orders must contain:
(a) a description of any additional or reduced Services to be performed and/or changes to the performance required of either Party, including the estimated additional or reduced number of personnel needed for such performance;
(b) a description of any additional, reduced, or different Services to be rendered;
(c) a statement of the impact of the additional Services, or changes to the Services, schedule, costs, costs or other requirements of the applicable SOW;; and
(d) the signatures of duly authorized individuals of each Party; . Within ten (10) business days of the submission of a Change Order from one Party to the other, the receiving Party shall notify the other Party of its acceptance or its rejection. Either Party may, in its sole discretion, reject any Change Order requested by the other Party. However, if Concertium Vology requests a Change Order to fix any deficiencies in ClientCustomer’s infrastructure necessary to allow Concertium Vology to successfully provide its Services under any SOW, then Client Customer must accept that Change Order or ConcertiumVology’s obligations to Client Customer under the applicable SOWs shall terminate upon rejection of the proposed Change Order. Notwithstanding anything to the contrary set forth herein, any Client Customer proposed Change Order the effect of which, whether on its own or in the aggregate with previously requested Change Orders, would be to reduce the monthly fees payable to Concertium Vology for the Service or Services that are the subject of the Change Order by more than thirty ten percent (3010%) of the monthly amount payable to Concertium Vology for such Service or Services pursuant to the applicable SOW or SOWs under which such Service or Services are provided shall be deemed null and void and rejected by ConcertiumVology. Notwithstanding anything in this MSA to the contrary, in no event shall a rejecting Party be responsible for any damages suffered by the initiating Party as a result of the refusal to accept a Change Order request. Once accepted, the terms of such Change Order shall be deemed to be incorporated into the applicable SOW.
Appears in 1 contract
Sources: Master Services Agreement
Change Order Procedures. Additional services requested by Client not addressed in a SOW or Order will be billed at Concertium’s T&M rates (“T&M Services”) upon Client approval of the T&M Services or signing of a Change Order. Either Party may initiate a Change Order by submitting a written request to the other Party along with an explanation of reasons as to why such change, modification, or addition is desirable or necessary. All Change Orders must contain:
a) a description of any additional or reduced Services to be performed and/or changes to the performance required of either Party, including the estimated additional or reduced number of personnel needed for such performance;
b) a description of any additional, reduced, or different Services to be rendered;
c) a statement of the impact of the additional Services, or changes to the Services, schedule, costs, or other requirements of the applicable SOW;
d) the signatures of duly authorized individuals of each Party; Within ten (10) business days of the submission of a Change Order from one Party to the other, the receiving Party shall notify the other Party of its acceptance or its rejection. Either Party may, in its sole discretion, reject any Change Order requested by the other Party. However, if Concertium requests a Change Order to fix any deficiencies in Client’s infrastructure necessary to allow Concertium to successfully provide its Services under any SOW, then Client must accept that Change Order or Concertium’s obligations to Client under the applicable SOWs shall terminate upon rejection of the proposed Change Order. Notwithstanding anything to the contrary set forth herein, any Client proposed Change Order the effect of which, whether on its own or in the aggregate with previously requested Change Orders, would be to reduce the monthly fees payable to Concertium for the Service or Services that are the subject of the Change Order by more than thirty percent (30%) of the monthly amount payable to Concertium for such Service or Services pursuant to the applicable SOW or SOWs under which such Service or Services are provided shall be deemed null and void and rejected by Concertium. Notwithstanding anything in this MSA to the contrary, in no event shall a rejecting Party be responsible for any damages suffered by the initiating Party as a result of the refusal to accept a Change Order request. Once accepted, the terms of such Change Order shall be deemed to be incorporated into the applicable SOW.
Appears in 1 contract
Sources: Master Services Agreement