Proposed Variations Clause Samples

Proposed Variations. (a) Upon receipt of a notice in writing from Company advising Contractor of a proposed Variation under this Clause 6, Contractor must advise Company whether the proposed Variation can be affected. If the Variation can be affected, Contractor must: (i) advise Company of the effect which Contractor anticipates that the Variation will have on the date for completion of Services; and (ii) provide an estimate of the cost (including delay costs, if any) of the proposed Variation. (b) If a Variation is executed by both Parties, Company must reimburse Contractor for all costs of complying with the requirements of this Clause 6.2 and for all increases to the Price.

Proposed Variations a. Total may request the Sub-Contractor to price a proposed Variation (“Variation Proposal”). b. Within five (5) Business Days of receipt of a Variation Proposal the Sub-Contractor must provide the estimated cost of the proposed Variation and its likely effect on the Date for Completion. c. If Total accepts the Sub-Contractor’s estimate the Sub-Contractor’s estimate will become the agreed price of the Variation (“Agreed Variation Price”).

Proposed Variations. (a) If requested by the Contractor or the Contractor’s Representative, the Subcontractor shall provide the following regarding a proposed variation: (i) a detailed quotation; and (ii) advice on whether the proposed variation will affect any of the Subcontractor’s obligations under the Subcontract, including being able to reach Completion by the Date for Completion and the provisions of any warranties. (b) The Subcontractor is not entitled to any costs of complying with this clause 29.2.

Proposed Variations. (a) Upon receipt of a notice in writing from the Purchaser advising Seller of a proposed Variation under this Clause 3, Seller must advise the Purchaser whether the proposed Variation can be affected. If the Variation can be affected, Seller must: (i) advise the Purchaser of the effect which Seller anticipates that the Variation will have on the date for completion of the Work; and (ii) provide an estimate of the cost (including delay costs, if any) of the proposed Variation. (b) If a Variation is executed by both Parties, the Purchaser must reimburse Seller for all costs of complying with the requirements of this Clause 3.2 and for all increases to the Price.

Proposed Variations. (a) The Customer may give the Supplier written notice of a proposed Variation. (b) The Supplier must as soon as practicable after receiving such notice, notify the Customer whether the proposed Variation can be effected, together with, if it can be effected, the Supplier's estimate of the: (i) effect on the Delivery Date, and (ii) cost (including all time-related costs and services, if any) of the proposed (c) The Customer may direct the Supplier to give a detailed quotation for the proposed (d) The Supplier's reasonable costs for each compliance with this subclause 21.1 are to be treated as moneys payable to the Supplier. (e) If the Customer accepts the Supplier's quotation, then the Supplier must make the Variation and the Customer must pay the quoted amount as an increase to the Purchase Price. If the Customer considers that the Supplier's quotation for the Variation is unreasonable having regard to prevailing market prices or rates, the Customer may trigger the dispute resolution procedures under clause 26. If the Customer fails to accept the Supplier’s quotation within 30 days from the date of the quotation, it will be deemed to have been rejected by the Customer.

Proposed Variations. Delete Clause 40.2 and substitute the following: “The Superintendent may direct the Contractor to submit a price for a proposed variation. The Contractor shall submit the price within the time specified in the direction or, if no time is specified, within 5 Business Days of the direction. The Contractor shall provide the following information with the price submitted in response to such a direction: (a) a detailed scope of the proposed variation (including any drawings or technical details); (b) a detailed breakdown of the price for which the Contractor would carry out the proposed variation (including any delay or disruption costs which may be incurred by the Contractor as a consequence of the proposed variation); (c) the effect (if any) of the proposed variation on the Date for Practical Completion; and (d) the expiry period for acceptance of the variation proposal which shall be not less than 5 Business Days (or, for urgent work, such shorter time as the Superintendent may, in writing, allow) from the date of receipt by the Superintendent of the variation proposal. Upon receipt of a variation proposal provided under this Clause 40.2, the Superintendent may in the sole discretion of the Superintendent do any one of the following: (i) direct the Contractor to provide further information; (ii) accept the variation proposal and give the Contractor a direction to carry out the variation on the terms contained in the variation proposal in which case a valuation under Clause 40.5 shall not be made and the addition or deduction to the Contract Sum shall be the amount contained in the variation proposal; (iii) negotiate different terms with the Contractor upon which the variation shall be carried out; (iv) give the Contractor a direction to carry out the variation but on the terms contained in the Contract with a valuation to be made under Clause 40.5; or (v) reject the variation proposal, in which case the Principal may retain another person to carry out the variation contemplated by the variation proposal. The Principal shall use reasonable endeavours to ensure that the Superintendent responds to a variation proposal within 10 Business Days.”

Proposed Variations. Add the words “in writing” directly after the words “If the variation can be effected, the Contractor shall”. Delete paragraph b) and replace with:

Proposed Variations. Upon receipt of a request for variation from Phoenix Finance, Gold Development shall notify Phoenix Finance whether the requested variation can be reasonably effected. If the variation can be effected and Gold Development accepts the variation, Gold Development will: notify Phoenix Finance of the effect that Gold Development anticipates that the proposed variation will have on the construction program and time for Practical Completion; and provide an estimate of the cost of the proposed variation.

Proposed Variations. If requested by RTA, the Service Provider must advise RTA in writing of: the cost and quality implications (if any) of a proposed Variation; and any other effect on the Services or on any matter specified, within the time specified in the request. In advising RTA of its effect on the Services, the Service Provider acknowledges its responsibility to take all reasonable steps: to carry out any additional work associated with the proposed Variation concurrently with other work wherever possible; and otherwise minimise the effect of the Variation on the carrying out of the Services. RTA and the Service Provider must endeavour to agree the value and effect of a proposed Variation. The Service Provider must not implement any proposed Variation until: the parties have agreed on its cost, time and quality implications and other effects (if any) on the Services; or RTA Directs the Service Provider to proceed under clause 10.1.