Common use of Cost of variation Clause in Contracts

Cost of variation. Subject to clauses 5.7(c), 9.5(b), 9.11 and 15, any losses, additional costs (excluding Charges) or other damage suffered by a party in complying with a variation under clauses 9, 19.2 and 22 will be borne between the parties to this Agreement in such proportions as the parties agree (based on negotiations carried on in good faith) or, in the absence of such agreement, and subject to a party’s obligations under clauses 5.7(c) and 15 to indemnify the other in the circumstances set out in those clauses, by the party which incurs such losses, additional costs or other damages.

Cost of variation. ‌ Subject to clauses 5.7(c), 9.5(b), 9.11 and 15, any losses, additional costs (excluding Charges) or other damage suffered by a party in complying with a variation under clauses 9, 19.2 and 22 will be borne between the parties to this Agreement in such proportions as the parties agree (based on negotiations carried on in good faith) or, in the absence of such agreement, and subject to a party’s obligations under clauses 5.7(c) and 15 to indemnify the other in the circumstances set out in those clauses, by the party which incurs such losses, additional costs or other damages.