Common use of Variation of Work Clause in Contracts

Variation of Work. 18.1 The design or specification of any Work that is required to be carried out by the Developer under this Deed may be varied by agreement in writing between the Parties, acting reasonably, without the necessity for an amendment to this Deed. 18.2 Without limiting Clause 18.1, the Developer may make a written request to the Council to approve a variation to the design or specification of a Work in order to enable it to comply with the requirements of any Authority imposed in connection with any Approval relating to the carrying out of the work. 18.3 The Council is not to unreasonably delay or withhold its approval to a request made by the Developer under Clause 18.2. 18.4 The Council, acting reasonably, may from time to time give a written direction to the Developer requiring it to vary the design or specification of a Work before the Work is carried out in a specified manner and submit the variation to the Council for approval. 18.5 The Developer is to comply promptly with a direction referred to in Clause 18.4. 18.6 If the Council gives a direction under Clause 18.4 for a Work before a Construction Certificate has been issued for the Work, the Developer is to comply with the direction at its own cost. 18.7 If the Council gives a direction under Clause 18.4 for a Work after a Construction Certificate has been issued for the Work, the Council is to reimburse the Developer an amount equal to the increase (if any) in the Costs of completing the Work as a result of the variation requested by the Council. 18.8 The Council is to reimburse the Developer the amount referred to in Clause 18.7 after the relevant Work is complete for the purposes of this Deed, and within 28 days of receipt of: 18.8.1 a tax invoice for the amount claimed by the Developer; and 18.8.2 documentation which demonstrates to the Council's satisfaction, the increase in the Costs of completing the Work as a result of the variation requested by the Council.