Common use of Variation Process Clause in Contracts

Variation Process. (a) If during the performance of the Services, either party reasonably believes that it needs to vary the Services because of issues that have arisen, that party must give the other party a notice in writing setting out particulars of the proposed change to the Services, any resulting changes to the Fees and reasons why the party believes that the variation is necessary (“Variation Request”). (b) AgriFutures Australia and the Provider must, within 14 days of service of a Variation Request, negotiate in good faith as to any variation to the Services on the basis that the nature of the Services to be carried out under this agreement means that it may be necessary or desirable from time to time to amend the Services in order to achieve the purpose of the Services. The Provider must, to the extent reasonably practicable, continue to perform the Services as they existed prior to the Variation Request, unless and until the parties agree to vary the Services. Any such agreement must be in writing signed by the parties.