Change Request. 10.9.1 Any Party may, notwithstanding anything to the contrary contained in this Agreement, initiate provision of the additional or amended Services and other Operations related to the subject matter of the Agreement and/or propose changes to terms and conditions of the current Services and Operations under this Agreement (the "Change Request"). 10.9.2 Change Request may be made in accordance with this Agreement, if all of the following conditions are fulfilled: 10.9.2.1 the need for modification of the Services and other Operations has been brought about by circumstances which a diligent Public Partner could not foresee; 10.9.2.2 the modification does not alter the overall nature and approved subject matter of the Agreement; 10.9.2.3 total fees of a single change request combined cannot exceed 10% of estimated total contract value according to fees indicated in the Winner’s Bid. Where several successive change requests are made, that limitation shall apply to the value of each change request. 10.9.3 If the Party determines that the Change Request is necessary, it shall submit a written notice to the other Party specifying in reasonable detail the change and its’ impact contemplated thereunder. Upon receipt of a Change Request, both Parties agree to promptly evaluate the feasibility, impact on Project timeline and budget, and potential risks associated with the proposed change within twenty two (22) Business Days. 10.9.4 If Change Request implies need for additional resources, the Private Partner will evaluate the necessary resources to complete the task, including the effort estimate and fees within. Fees and effort estimates must be in accordance with the Winner’s Bid and, where relevant, must be duly justified. The Parties shall negotiate in good faith to reach mutually acceptable terms for implementing the change, including scope of the additional Services and Operations, implementation timeline and the associated fees. 10.9.5 The Parties shall sign the addendum to this Agreement formalizing terms and conditions of the Change Request according to the Applicable Law and subject to the relevant clearance and/or approval procedures. The Change Request shall be applicable from the date of entry into force of the relevant addendum to this Agreement. 10.9.6 The Public Partner may request the Private Partner to provide the maintenance services as indicated in section "2.6.3. Hand back requirements" of the Technical Requirements and for the price indicated in the Winners’ bid, subject to price revision conditions specified in the in clause 10.3.4. The support and maintenance service may be requested yearly starting after the handover period with a maximum of three
Appears in 2 contracts
Sources: Public Private Partnership Agreement, Public Private Partnership Agreement
Change Request. 10.9.1 Any Party may14.1 The Company may in writing request the Contractor from time to time to undertake changes to any part of the Works. In the event that any changes in the scope of the Works is requested, notwithstanding anything the Parties hereby agree that the procedures set out in this Article 14 shall be adhered to in effecting any such variation.
14.2 Unless otherwise agreed, upon the Company’s written request to the contrary contained in this AgreementContractor pursuant to Clause 14.1 above, initiate provision the Contractor shall promptly and, no later than seven (7) days from the date of the additional or amended Services Company’s aforesaid written request, provide the Company with a change order proposal containing reasonable details of the following:
14.2.1 description of the works to be performed and other Operations related the materials to be provided under the Change Request;
14.2.2 the impact to the subject matter Project Schedule;
14.2.3 any adjustments to the Contract Price including downward adjustments where appropriate;
14.2.4 any modifications to the Specifications, Documentation and any other documentation;
14.2.5 any other effect of the Agreement and/or propose changes to terms and conditions Change Request on the performance of the current Services and Operations under this Agreement Works; and
14.2.6 any other information (including without limitation any data, calculation, plans, drawings, projections or evaluation) that the "Change Request").
10.9.2 Change Request Company may be made in accordance with this Agreement, if all of the following conditions are fulfilled:
10.9.2.1 the need for modification of the Services and other Operations has been brought about by circumstances which a diligent Public Partner could not foresee;
10.9.2.2 the modification does not alter the overall nature and approved subject matter of the Agreement;
10.9.2.3 total fees of a single change request combined cannot exceed 10% of estimated total contract value according to fees indicated in the Winner’s Bid. Where several successive change requests are made, that limitation shall apply to the value of each change request.
10.9.3 14.3 The Company shall evaluate the change order proposal submitted by the Contractor. If the Party determines that the Change Request is necessary, it shall submit a written notice Company at its sole discretion opts to the other Party specifying in reasonable detail the change and its’ impact contemplated thereunder. Upon receipt of a Change Request, both Parties agree to promptly evaluate the feasibility, impact on Project timeline and budget, and potential risks associated proceed with the proposed change within twenty two (22) Business Days.
10.9.4 If changes, the Parties shall sign a Change Request implies need for additional resources, in the Private Partner will evaluate form set out in Annex F. The Contractors shall promptly implement the necessary resources to complete the task, including the effort estimate and fees within. Fees and effort estimates must be agreed changes in accordance with the Winner’s Bid andChange Request and shall incorporate all changes, where relevantmodifications, must be duly justified. The Parties shall negotiate in good faith to reach mutually acceptable terms for implementing the changevariations, including scope of the additional Services and Operations, implementation timeline and the associated fees.
10.9.5 The Parties shall sign the addendum to this Agreement formalizing terms and conditions of alterations arising from or connected with the Change Request according in the Works and related documents including but not limited to the Applicable Law Specifications, the Documentation, and subject other agreed annexes (collectively referred to as “the affected documents”) and give revised copies of the affected documents to the relevant clearance and/or approval procedures. The Company provided always that the Company accepts such changes to the affected documents.
14.4 All Change Request Requests shall be applicable from the date form an integral part of entry into force of the relevant this Agreement as an addendum to this Agreement.
10.9.6 . The Public Partner may request Contractor shall only commence works based on the Private Partner to provide Change Request when the maintenance services as indicated in section "2.6.3. Hand back requirements" Change Request has been duly signed by the authorized representative of the Technical Requirements Company and the Contractor. Until a Change Request is duly signed by both Parties, the Contractor will continue to perform and be paid for the price indicated in performance of the Winners’ bid, subject to price revision conditions specified in Works as if the in clause 10.3.4. The support and maintenance service may be requested yearly starting after the handover period with a maximum of threeChange Request had not been made.
Appears in 1 contract
Change Request. 10.9.1 Any 23.1 Either Party may, notwithstanding anything to the contrary contained in this Agreement, initiate provision of the additional or amended Services and other Operations related to the subject matter of the Agreement and/or propose may request changes to terms and conditions of the current any Services and Operations under this Agreement (the "in each case, a “Change Request"”).
10.9.2 . Any Change Request may shall be made in accordance with writing and sent to the Customer Representatives or Supplier Representative (as appropriate) and shall set out the change in sufficient detail so as to enable the other Party to make a proper assessment of such change.
23.2 Where the Parties propose a Change Request the Supplier shall provide a written estimate of the likely time required to implement the change, any necessary variations to the Fees as a result of the change, the likely effect of the change on the Services; and any other impact of the change on the terms of this Agreement, if all of . The Customer shall notify the following conditions are fulfilled:
10.9.2.1 the need for modification of the Services and other Operations has been brought about by circumstances which a diligent Public Partner could not foresee;
10.9.2.2 the modification does not alter the overall nature and approved subject matter of the Agreement;
10.9.2.3 total fees of a single change request combined cannot exceed 10% of estimated total contract value according to fees indicated in the Winner’s Bid. Where several successive change requests are made, that limitation shall apply to the value of each change request.
10.9.3 If the Party determines that Supplier whether it accepts or reasonably rejects the Change Request is necessary, it shall submit a written notice to the other Party specifying in reasonable detail the change and its’ impact contemplated thereunder. Upon within five (5) Business Days of its receipt of the written estimate.
23.3 Until such time as a Change Request has been agreed to by the Parties, the Parties shall continue to perform their respective obligations under the Statement of Work without taking into account the Change Request. Once duly agreed by both Parties, both Parties agree to promptly evaluate the feasibility, impact on Project timeline and budget, and potential risks associated with the proposed change within twenty two (22) Business Days.
10.9.4 If Change Request implies need for additional resources, the Private Partner will evaluate the necessary resources to complete the task, including the effort estimate shall be deemed incorporated into Agreement and fees within. Fees and effort estimates must be in accordance with the Winner’s Bid and, where relevant, must be duly justified. The Parties shall negotiate in good faith to reach mutually acceptable terms for implementing the change, including scope Statement of the additional Services and Operations, implementation timeline Work and the associated fees.
10.9.5 The Parties Supplier shall sign the addendum to this Agreement formalizing terms and conditions commence performance of the Change Request according accordingly.
23.4 Neither Party shall be required to the Applicable Law and subject to the relevant clearance and/or approval procedures. The accept any Change Request made by the other Party and shall not be bound by the Change Request unless it has been agreed in writing as set out above.
23.5 Unless otherwise agreed in writing, Supplier shall be applicable from entitled to charge the date of entry into force of Customer at Supplier's then current Rates for investigating, reporting on and, if appropriate, implementing any Change Request requested by the relevant addendum to this AgreementCustomer.
10.9.6 The Public Partner may request the Private Partner to provide the maintenance services as indicated in section "2.6.3. Hand back requirements" of the Technical Requirements and for the price indicated in the Winners’ bid, subject to price revision conditions specified in the in clause 10.3.4. The support and maintenance service may be requested yearly starting after the handover period with a maximum of three
Appears in 1 contract
Sources: Master Services Agreement
Change Request. 10.9.1 Any 19.1 Either Party may, notwithstanding anything to the contrary contained in this Agreement, initiate provision of the additional or amended Services and other Operations related to the subject matter of the Agreement and/or propose may request changes to terms and conditions of the current any Services and Operations under this Agreement (the "in each case, a “Change Request"”).
10.9.2 . Any Change Request may shall be made in accordance with writing and sent to the Customer Representatives or Supplier Representative (as appropriate) and shall set out the change in sufficient detail so as to enable the other Party to make a proper assessment of such change.
19.2 Where the Parties propose a Change Request the Supplier shall provide a written estimate of the likely time required to implement the change, any necessary variations to the Fees as a result of the change, the likely effect of the change on the Services; and any other impact of the change on the terms of this Agreement, if all of . The Customer shall notify the following conditions are fulfilled:
10.9.2.1 the need for modification of the Services and other Operations has been brought about by circumstances which a diligent Public Partner could not foresee;
10.9.2.2 the modification does not alter the overall nature and approved subject matter of the Agreement;
10.9.2.3 total fees of a single change request combined cannot exceed 10% of estimated total contract value according to fees indicated in the Winner’s Bid. Where several successive change requests are made, that limitation shall apply to the value of each change request.
10.9.3 If the Party determines that Supplier whether it accepts or reasonably rejects the Change Request is necessary, it shall submit a written notice to the other Party specifying in reasonable detail the change and its’ impact contemplated thereunder. Upon within five (5) Business Days of its receipt of the written estimate.
19.3 Until such time as a Change Request has been agreed to by the Parties, the Parties shall continue to perform their respective obligations under the Order Form or Quote without taking into account the Change Request. Once duly agreed by both Parties, both Parties agree to promptly evaluate the feasibility, impact on Project timeline and budget, and potential risks associated with the proposed change within twenty two (22) Business Days.
10.9.4 If Change Request implies need for additional resources, the Private Partner will evaluate the necessary resources to complete the task, including the effort estimate shall be deemed incorporated into Agreement and fees within. Fees and effort estimates must be in accordance with the Winner’s Bid and, where relevant, must be duly justified. The Parties shall negotiate in good faith to reach mutually acceptable terms for implementing the change, including scope of the additional Services and Operations, implementation timeline Order Form or Quote and the associated fees.
10.9.5 The Parties Supplier shall sign the addendum to this Agreement formalizing terms and conditions commence performance of the Change Request according accordingly.
19.4 Neither Party shall be required to the Applicable Law and subject to the relevant clearance and/or approval procedures. The accept any Change Request made by the other Party and shall not be bound by the Change Request unless it has been agreed in writing as set out above.
19.5 Unless otherwise agreed in writing, Supplier shall be applicable from entitled to charge the date of entry into force of Customer at Supplier's then current Rates for investigating, reporting on and, if appropriate, implementing any Change Request requested by the relevant addendum to this AgreementCustomer.
10.9.6 The Public Partner may request the Private Partner to provide the maintenance services as indicated in section "2.6.3. Hand back requirements" of the Technical Requirements and for the price indicated in the Winners’ bid, subject to price revision conditions specified in the in clause 10.3.4. The support and maintenance service may be requested yearly starting after the handover period with a maximum of three
Appears in 1 contract
Sources: Master Services Agreement
Change Request. 10.9.1 Any Party may14.1 The Company may in writing request the Contractor from time to time to undertake changes to any part of the Works. In the event that any changes in the scope of the Works is requested, notwithstanding anything the Parties hereby agree that the procedures set out in this Clause 14 shall be adhered to in effecting any such variation.
14.2 Unless otherwise agreed, upon the Company’s written request to the contrary contained in this AgreementContractor pursuant to Clause 14.1 above, initiate provision the Contractor shall promptly and, no later than seven (7) days from the date of the additional or amended Services Company’s aforesaid written request, provide the Company with a change order proposal containing reasonable details of the following:
14.2.1 description of the works to be performed and other Operations related the materials to be provided under the Change Request;
14.2.2 the impact to the subject matter Project Schedule;
14.2.3 any adjustments to the Contract Price including downward adjustments where appropriate;
14.2.4 any modifications to the Specifications, Documentation and any other documentation;
14.2.5 any other effect of the Agreement and/or propose changes to terms and conditions Change Request on the supply of the current Services and Operations under this Agreement (the "Change Request").
10.9.2 Change Request may be made in accordance with this Agreement, if all performance of the following conditions are fulfilled:Works; and
10.9.2.1 14.2.6 any other information (including without limitation any data, calculation, plans, drawings, projections or evaluation) that the need for modification of the Services and other Operations has been brought about by circumstances which a diligent Public Partner could not foresee;
10.9.2.2 the modification does not alter the overall nature and approved subject matter of the Agreement;
10.9.2.3 total fees of a single change request combined cannot exceed 10% of estimated total contract value according to fees indicated in the Winner’s Bid. Where several successive change requests are made, that limitation shall apply to the value of each change Company may request.
10.9.3 14.3 The Company shall evaluate the change order proposal submitted by the Contractor. If the Party determines that the Change Request is necessary, it shall submit a written notice Company at its sole discretion opts to the other Party specifying in reasonable detail the change and its’ impact contemplated thereunder. Upon receipt of a Change Request, both Parties agree to promptly evaluate the feasibility, impact on Project timeline and budget, and potential risks associated proceed with the proposed change within twenty two (22) Business Days.
10.9.4 If changes, the Parties shall sign a Change Request implies need for additional resources, in the Private Partner will evaluate form set out in Annex H. The Contractor shall promptly implement the necessary resources to complete the task, including the effort estimate and fees within. Fees and effort estimates must be agreed changes in accordance with the Winner’s Bid andChange Request and shall incorporate all changes, where relevantmodifications, must be duly justified. The Parties shall negotiate in good faith to reach mutually acceptable terms for implementing the changevariations, including scope of the additional Services and Operations, implementation timeline and the associated fees.
10.9.5 The Parties shall sign the addendum to this Agreement formalizing terms and conditions of alterations arising from or connected with the Change Request according in the Works and related documents including but not limited to the Applicable Law Specifications, the Documentation, and subject other agreed annexes (collectively referred to as “the affected documents”) and give revised copies of the affected documents to the relevant clearance and/or approval procedures. The Company provided always that the Company accepts such changes to the affected documents.
14.4 All Change Request Requests shall be applicable from the date form an integral part of entry into force of the relevant this Agreement as an addendum to this Agreement.
10.9.6 . The Public Partner may request Contractor shall only commence works based on the Private Partner to provide Change Request when the maintenance services as indicated in section "2.6.3. Hand back requirements" Change Request has been duly signed by the authorised representative of the Technical Requirements Company and the Contractor. Until a Change Request is duly signed by both Parties, the Contractor will continue to perform and be paid for the price indicated in performance of the Winners’ bid, subject to price revision conditions specified in Works as if the in clause 10.3.4. The support and maintenance service may be requested yearly starting after the handover period with a maximum of threeChange Request had not been made.
Appears in 1 contract
Change Request. 10.9.1 Any 22.1 Either Party may, notwithstanding anything to the contrary contained in this Agreement, initiate provision of the additional or amended Services and other Operations related to the subject matter of the Agreement and/or propose may request changes to terms and conditions of the current any Services and Operations under this Agreement (the "in each case, a “Change Request"”).
10.9.2 . Any Change Request may shall be made in accordance with writing and sent to the Customer Representatives or Supplier Representative (as appropriate) and shall set out the change in sufficient detail so as to enable the other Party to make a proper assessment of such change.
22.2 Where the Parties propose a Change Request the Supplier shall provide a written estimate of the likely time required to implement the change, any necessary variations to the Fees as a result of the change, the likely effect of the change on the Services; and any other impact of the change on the terms of this Agreement, if all of . The Customer shall notify the following conditions are fulfilled:
10.9.2.1 the need for modification of the Services and other Operations has been brought about by circumstances which a diligent Public Partner could not foresee;
10.9.2.2 the modification does not alter the overall nature and approved subject matter of the Agreement;
10.9.2.3 total fees of a single change request combined cannot exceed 10% of estimated total contract value according to fees indicated in the Winner’s Bid. Where several successive change requests are made, that limitation shall apply to the value of each change request.
10.9.3 If the Party determines that Supplier whether it accepts or reasonably rejects the Change Request is necessary, it shall submit a written notice to the other Party specifying in reasonable detail the change and its’ impact contemplated thereunder. Upon within five (5) Business Days of its receipt of the written estimate.
22.3 Until such time as a Change Request has been agreed to by the Parties, the Parties shall continue to perform their respective obligations under the Statement of Work without taking into account the Change Request. Once duly agreed by both Parties, both Parties agree to promptly evaluate the feasibility, impact on Project timeline and budget, and potential risks associated with the proposed change within twenty two (22) Business Days.
10.9.4 If Change Request implies need for additional resources, the Private Partner will evaluate the necessary resources to complete the task, including the effort estimate shall be deemed incorporated into Agreement and fees within. Fees and effort estimates must be in accordance with the Winner’s Bid and, where relevant, must be duly justified. The Parties shall negotiate in good faith to reach mutually acceptable terms for implementing the change, including scope Statement of the additional Services and Operations, implementation timeline Work and the associated fees.
10.9.5 The Parties Supplier shall sign the addendum to this Agreement formalizing terms and conditions commence performance of the Change Request according accordingly.
22.4 Neither Party shall be required to the Applicable Law and subject to the relevant clearance and/or approval procedures. The accept any Change Request made by the other Party and shall not be bound by the Change Request unless it has been agreed in writing as set out above.
22.5 Unless otherwise agreed in writing, Supplier shall be applicable from entitled to charge the date of entry into force of Customer at Supplier's then current Rates for investigating, reporting on and, if appropriate, implementing any Change Request requested by the relevant addendum to this AgreementCustomer.
10.9.6 The Public Partner may request the Private Partner to provide the maintenance services as indicated in section "2.6.3. Hand back requirements" of the Technical Requirements and for the price indicated in the Winners’ bid, subject to price revision conditions specified in the in clause 10.3.4. The support and maintenance service may be requested yearly starting after the handover period with a maximum of three
Appears in 1 contract
Sources: Master Services Agreement