Common use of Variation Proposal Clause in Contracts

Variation Proposal. 16.1 ATCO may provide the Supplier with notice of a proposed Variation.‌ 16.2 Within 5 days of receiving notice of a proposed Variation pursuant to clause 16.1, or other period as agreed by the parties, the Supplier (at its own cost) must provide ATCO with a response setting out (in accordance with Good Industry Practice): (a) the changes to the Goods and/or Services that would be required to execute the proposed Variation; and (b) the impact of the proposed Variation on the Price and the time for supplying the Goods and/or Services, (Proposed Variation Response). 16.3 ATCO may, acting reasonably, direct a Variation the subject of a Proposed Variation Response and such direction may specify that ATCO:‌ (a) accepts the Proposed Variation Response, in which case the Price and the time for supplying the Goods and/or Services is varied in accordance with the Proposed Variation Response; or (b) rejects the Proposed Variation Response, in which case the Price will be adjusted in accordance with clause 16.4 and the time for supplying the Goods and/or Services will be adjusted in accordance with clause 19.3. 16.4 If the Variation affects the Price, it must be adjusted to reflect the value of the varied Goods and/or Services, which must be agreed between the parties. Where there is no agreement, the value will be calculated by ATCO using:‌ (a) where applicable rates and costs are included in this Agreement, by applying those rates and costs; and (b) where applicable rates and costs are not included in this Agreement, ATCO's assessment (acting reasonably) of a fair and reasonable price for the varied Goods and/or Services.

Variation Proposal. 16.1 ATCO may provide the Supplier with notice of a proposed Variation.‌Variation. 16.2 Within 5 days of receiving notice of a proposed Variation pursuant to clause 16.1, or other period as agreed by the parties, the Supplier (at its own cost) must provide ATCO with a response setting out (in accordance with Good Industry Practice): (a) the changes to the Goods and/or Services that would be required to execute the proposed Variation; and (b) the impact of the proposed Variation on the Price and the time for supplying the Goods and/or Services, (Proposed Variation Response). 16.3 ATCO may, acting reasonably, direct a Variation the subject of a Proposed Variation Response and such direction may specify that ATCO:‌ATCO: (a) accepts the Proposed Variation Response, in which case the Price and the time for supplying the Goods and/or Services is varied in accordance with the Proposed Variation Response; or (b) rejects the Proposed Variation Response, in which case the Price will be adjusted in accordance with clause 16.4 and the time for supplying the Goods and/or Services will be adjusted in accordance with clause 19.3. 16.4 If the Variation affects the Price, it must be adjusted to reflect the value of the varied Goods and/or Services, which must be agreed between the parties. Where there is no agreement, the value will be calculated by ATCO using:‌using: (a) where applicable rates and costs are included in this Agreement, by applying those rates and costs; and (b) where applicable rates and costs are not included in this Agreement, ATCO's assessment (acting reasonably) of a fair and reasonable price for the varied Goods and/or Services. 17.1 If the Supplier considers that a direction given by ATCO, other than a direction under clause 16.3, constitutes a Variation that will affect the Price (where the Supplier is entitled to a Price adjustment) or the time for supplying the Goods and/or Services, it must, as soon as practicable and in any event before complying with the direction, notify ATCO, identifying the relevant direction and the estimated impact on the Price and the time for supplying the Goods and/or Services. 17.2 As soon as reasonably practicable after receiving a notice under clause 17.1, ATCO must either: (a) notify the Supplier that it is to proceed to comply with the direction, in which case the Price will be adjusted in accordance with clause 16.4 and the time for supplying the Goods and/or Services will be adjusted in accordance with clause 19.3; or (b) withdraw the direction. 17.3 Irrespective of whether the Supplier has issued a notice under clause 17.1, if a direction results in a reduction in the Price or a reduction in the time for supplying the Goods and/or Services, ATCO may adjust the Price in accordance with clause 16.4 and adjust the time for supplying the Goods and/or Services in accordance with clause 19.3. 17.4 No Variation that ATCO directs invalidates or repudiates this Agreement. 18.1 ATCO will notify the Supplier of any change in ATCO's Policies and Rules. 18.2 The Supplier must notify ATCO within 10 business days of becoming aware of any: (a) Change in Law; or (b) Change in ATCO's Policies and Rules, that the Supplier considers is likely to affect the Supplier's supply of the Goods and/or Services. A notice under this clause 18.1 must include details of the Change in Law or change in ATCO's Policies and Rules and its impact on the supply of the Goods and/or Services. 18.3 To the extent that a Change in Law or change in ATCO's Policies and Rules cause an increase to the costs of the Supplier supplying the Goods and/or Services (other than a trivial increase in cost) or the time at which the Supplier can supply the Goods and/or Services, this will be a Variation and the Price and the Date for Delivery will be adjusted in accordance with clause 16.4 and clause 19.3.

Variation Proposal. 16.1 ATCO may provide the Supplier with notice of a proposed Variation.‌Variation. 16.2 Within 5 days of receiving notice of a proposed Variation pursuant to clause 16.1, or other period as agreed by the parties, the Supplier (at its own cost) must provide ATCO with a response setting out (in accordance with Good Industry Practice): (a) the changes to the Goods and/or Services that would be required to execute the proposed Variation; and (b) the impact of the proposed Variation on the Price and the time for supplying the Goods and/or Services, (Proposed Variation Response)., 16.3 ATCO may, acting reasonably, direct a Variation the subject of a Proposed Variation Response and such direction may specify that ATCO:‌ATCO: (a) accepts the Proposed Variation Response, in which case the Price and the time for supplying the Goods and/or Services is varied in accordance with the Proposed Variation Response; or (b) rejects the Proposed Variation Response, in which case the Price will be adjusted in accordance with clause 16.4 and the time for supplying the Goods and/or Services will be adjusted in accordance with clause 19.3. 16.4 If the Variation affects the Price, it must be adjusted to reflect the value of the varied Goods and/or Services, which must be agreed between the parties. Where there is no agreement, the value will be calculated by ATCO using:‌using: (a) where applicable rates and costs are included in this Agreement, by applying those rates and costs; and (b) where applicable rates and costs are not included in this Agreement, ATCO's assessment (acting reasonably) of a fair and reasonable price for the varied Goods and/or Services. 17.1 If the Supplier considers that a direction given by ATCO, other than a direction under clause 16.3, constitutes a Variation that will affect the Price (where the Supplier is entitled to a Price adjustment) or the time for supplying the Goods and/or Services, it must, as soon as practicable and in any event before complying with the direction, notify ATCO, identifying the relevant direction and the estimated impact on the Price and the time for supplying the Goods and/or Services. 17.2 As soon as reasonably practicable after receiving a notice under clause 17.1, ATCO must either: (a) notify the Supplier that it is to proceed to comply with the direction, in which case the Price will be adjusted in accordance with clause 16.4 and the time for supplying the Goods and/or Services will be adjusted in accordance with clause 19.3; or (b) withdraw the direction. 17.3 Irrespective of whether the Supplier has issued a notice under clause 17.1, if a direction results in a reduction in the Price or a reduction in the time for supplying the Goods and/or Services, ATCO may adjust the Price in accordance with clause 16.4 and adjust the time for supplying the Goods and/or Services in accordance with clause 19.3. 17.4 No Variation that ATCO directs invalidates or repudiates this Agreement. 18.1 ATCO will notify the Supplier of any change in ATCO's Policies and Rules. 18.2 The Supplier must notify ATCO within 10 business days of becoming aware of any: (a) Change in Law; or (b) Change in ATCO's Policies and Rules, that the Supplier considers is likely to affect the Supplier's supply of the Goods and/or Services. A notice under this clause 18.1 must include details of the Change in Law or change in ATCO's Policies and Rules and its impact on the supply of the Goods and/or Services. 18.3 To the extent that a Change in Law or change in ATCO's Policies and Rules cause an increase to the costs of the Supplier supplying the Goods and/or Services (other than a trivial increase in cost) or the time at which the Supplier can supply the Goods and/or Services, this will be a Variation and the Price and the Date for Delivery will be adjusted in accordance with clause 16.4 and clause 19.3.