Derogations. Panel’s Ability to Grant Derogations (excluding Sandbox Applications) 56.1 The Panel may (subject to Clause 56.3) resolve, on the application of any Party, to grant a derogation to any Party or Parties in relation to any obligation or obligations contained in this Agreement. In resolving to grant such derogation, the Panel may impose such conditions as it sees fit, and shall specify the term, scope and application of such derogation. Derogations, save for derogations requested under Sandbox Applications, will normally only be granted in respect of newly introduced or amended obligations (or obligations due to be implemented in the future). 56.2 The Panel may, from time to time and as it sees fit (subject to Clause 56.3), resolve to retract any derogation, or to amend or add to the conditions applicable to any derogation. 56.3 A derogation granted to any Party by the Panel under Clause 56.1, or any retraction, amendment or addition under Clause 56.2, shall, in each case, only be effective if made in conformity with any representations received from the Authority in accordance with Clause 56.5.3 and if not vetoed by the Authority within 10 Working Days of notification of the Panel’s decision and the rationale for it. 56.4 A Party may, at any time, apply to the Panel for a derogation under Clause 56.1 by notice in writing to the Panel Secretary. 56.5 Where the Panel Secretary receives such an application, it shall ensure that the matter is added to the agenda for the next Panel meeting occurring more than 10 Working Days after receipt of such application, and shall give notice to all the Parties and to the Authority, at least 10 Working Days before the Panel meeting in question: 56.5.1 setting out the identity of the Party by whom the application has been made and the terms of the derogation sought; 56.5.2 specifying the date on which the Panel is due to consider the matter; and 56.5.3 inviting representations or objections with respect to the derogation before that time. 56.6 Where representations or objections are made in accordance with Clause 56.5.3, the Panel Secretary shall, as soon as reasonably practicable after receipt thereof and unless such representations or objections have been marked as confidential, publish those representations or objections on the Website. 56.7 Without prejudice to Clause 56.1, where the Authority grants a derogation to a Party under its Licence relieving that Party of certain of its licence obligations (including any derogation in respect of one or more of the Charging Methodologies or any element of them), that derogation shall also be effective for the purposes of this Agreement in the same terms (to the extent relevant to this agreement). The Party seeking to rely upon such derogation shall, as soon as reasonably practicable after receipt of such derogation send a copy of it to the Panel. 56.8 For so long as a Party has the benefit of a derogation in accordance with Clause 56.1 or 56.7, that Party shall be excused from complying with the obligations specified in the terms of that derogation, and shall be deemed not to be in breach of this Agreement for failing to comply with the relevant obligations for the term of the derogation, but shall be required to comply with any modified obligations which are specified as a condition of the derogation. 56.9 A Party may, immediately by notice in writing to the Panel at any time, reject any derogation then applying to it, in which case the derogation shall cease to apply for the purposes of this Agreement and the Party shall become subject to the obligations under this Agreement set out in the derogation in question. 56.10 Where the Secretariat receives an enquiry from a potential Sandbox Applicant requesting guidance about their project, the Secretariat shall: 56.10.1 provide reasonable assistance and guidance to the potential applicant, including an initial assessment of the project's likely eligibility for sandbox support (by reference to the Authority's published criteria from time to time); and 56.10.2 notify the Authority of the details of the enquiry and whether, in the Secretariat’s view, a Sandbox Application will be made. 56.11 The Secretariat shall, in respect of any Sandbox Application received from the Authority, add it to the Sandbox Register and prepare a written report (the "Sandbox Application Assessment Form") containing the information listed at Clause 56.13. 56.12 The Secretariat shall not be required to conduct an evaluation of a Sandbox Application, or submit a draft Sandbox Application Assessment Form to the Authority, until the Sandbox Applicant has: 56.12.1 provided all the information that the Secretariat reasonably requires in order to conduct such evaluation and prepare a Sandbox Application Assessment Form; and 56.12.2 paid to the Secretariat a fee which represents the reasonable costs to the Secretariat of processing the Sandbox Application, such fee to be approved by the Panel from time to time. 56.13 The Sandbox Application Assessment Form shall: 56.13.1 be addressed and delivered to the Authority and copied to the Panel; 56.13.2 specify the identity of the Sandbox Applicant; 56.13.3 specify the Party/Parties seeking the derogation (if not the Sandbox Applicant); 56.13.4 set out the reason for the derogation; 56.13.5 set out the derogation required to this Agreement; 56.13.6 identify any impact on Parties including applicable costs (if any); 56.13.7 state the period of the requested derogation, the end of which shall be no longer than two years from the Authority's approval of such derogation; 56.13.8 state the reason(s) why the derogation better facilitates the DCUSA Objectives; 56.13.9 set out a reporting plan; and
Appears in 3 contracts
Sources: Limitation of Liability Agreement, Limitation of Liability Agreement, Limitation of Liability Agreement
Derogations. Panel’s Ability to Grant Derogations (excluding Sandbox Applications)
56.1 The Panel may (subject to Clause 56.3) resolve, on the application of any Party, to grant a derogation to any Party or Parties in relation to any obligation or obligations contained in this Agreement. In resolving to grant such derogation, the Panel may impose such conditions as it sees fit, and shall specify the term, scope and application of such derogation. Derogations, save for derogations requested under Sandbox Applications, will normally only be granted in respect of newly introduced or amended obligations (or obligations due to be implemented in the future).
56.2 The Panel may, from time to time and as it sees fit (subject to Clause 56.3), resolve to retract any derogation, or to amend or add to the conditions applicable to any derogation.
56.3 A derogation granted to any Party by the Panel under Clause 56.1, or any retraction, amendment or addition under Clause 56.2, shall, in each case, only be effective if made in conformity with any representations received from the Authority in accordance with Clause 56.5.3 and if not vetoed by the Authority within 10 Working Days of notification of the Panel’s decision and the rationale for it.
56.4 A Party may, at any time, apply to the Panel for a derogation under Clause 56.1 by notice in writing to the Panel Secretary.
56.5 Where the Panel Secretary receives such an application, it shall ensure that the matter is added to the agenda for the next Panel meeting occurring more than 10 Working Days after receipt of such application, and shall give notice to all the Parties and to the Authority, at least 10 Working Days before the Panel meeting in question:
56.5.1 setting out the identity of the Party by whom the application has been made and the terms of the derogation sought;
56.5.2 specifying the date on which the Panel is due to consider the matter; and
56.5.3 inviting representations or objections with respect to the derogation before that time.
56.6 Where representations or objections are made in accordance with Clause 56.5.3, the Panel Secretary shall, as soon as reasonably practicable after receipt thereof and unless such representations or objections have been marked as confidential, publish those representations or objections on the Website.
56.7 Without prejudice to Clause 56.1, where the Authority grants a derogation to a Party under its Licence relieving that Party of certain of its licence obligations (including any derogation in respect of one or more of the Charging Methodologies or any element of them), that derogation shall also be effective for the purposes of this Agreement in the same terms (to the extent relevant to this agreement). The Party seeking to rely upon such derogation shall, as soon as reasonably practicable after receipt of such derogation send a copy of it to the Panel.
56.8 For so long as a Party has the benefit of a derogation in accordance with Clause 56.1 or 56.7, that Party shall be excused from complying with the obligations specified in the terms of that derogation, and shall be deemed not to be in breach of this Agreement for failing to comply with the relevant obligations for the term of the derogation, but shall be required to comply with any modified obligations which are specified as a condition of the derogation.
56.9 A Party may, immediately by notice in writing to the Panel at any time, reject any derogation then applying to it, in which case the derogation shall cease to apply for the purposes of this Agreement and the Party shall become subject to the obligations under this Agreement set out in the derogation in question.
56.10 Where the Secretariat receives an enquiry from a potential Sandbox Applicant requesting guidance about their project, the Secretariat shall:
56.10.1 provide reasonable assistance and guidance to the potential applicant, including an initial assessment of the project's likely eligibility for sandbox support (by reference to the Authority's published criteria from time to time); and
56.10.2 notify the Authority of the details of the enquiry and whether, in the Secretariat’s view, a Sandbox Application will be made.the
56.11 The Secretariat shall, in respect of any Sandbox Application received from the Authority, add it to the Sandbox Register and prepare a written report (the "Sandbox Application Assessment Form") containing the information listed at Clause 56.13.
56.12 The Secretariat shall not be required to conduct an evaluation of a Sandbox Application, or submit a draft Sandbox Application Assessment Form to the Authority, until the Sandbox Applicant has:
56.12.1 provided all the information that the Secretariat reasonably requires in order to conduct such evaluation and prepare a Sandbox Application Assessment Form; and
56.12.2 paid to the Secretariat a fee which represents the reasonable costs to the Secretariat of processing the Sandbox Application, such fee to be approved by the Panel from time to time.
56.13 The Sandbox Application Assessment Form shall:
56.13.1 be addressed and delivered to the Authority and copied to the Panel;
56.13.2 specify the identity of the Sandbox Applicant;
56.13.3 specify the Party/Parties seeking the derogation (if not the Sandbox Applicant);
56.13.4 set out the reason for the derogation;
56.13.5 set out the derogation required to this Agreement;
56.13.6 identify any impact on Parties including applicable costs (if any);
56.13.7 state the period of the requested derogation, the end of which shall be no longer than two years from the Authority's approval of such derogation;
56.13.8 state the reason(s) why the derogation better facilitates the DCUSA Objectives;
56.13.9 set out a reporting plan; and
Appears in 1 contract
Sources: Limitation of Liability Agreement