Common use of Waivers and Deviations Clause in Contracts

Waivers and Deviations. Contractor shall timely submit requests for waivers of, or deviation from, provisions of the Performance Specification applicable to the Satellite or other Deliverable Item and, in the notice provided to Purchaser for scheduling of the SPSR as provided in Article 9.1.2, Contractor shall include: (i) a summary of waiver and/or deviation requests that have been submitted to Purchaser and which are still pending; and (ii) submittals of any new or additional requests for waivers of, or deviation from, provisions of the Performance Specification applicable to the Satellite or other Deliverable Item at the time of such notice and for which Contractor desires relief. A request for waiver or deviation shall be deemed granted only if it has been approved in writing by a duly authorized representative of Purchaser. Each such waiver or deviation approved by Purchaser shall be deemed an amendment to the Performance Specification for such Satellite or Deliverable Item, permitting such waiver thereof, or deviation therefrom, effective on or after the date of such approval for such Satellite or Deliverable Item. Purchaser shall consider each waiver or deviation request in good faith in accordance with industry practices. The grant of a waiver or deviation may involve Contractor providing reasonable consideration.

Appears in 2 contracts

Sources: Contract (Hughes Communications, Inc.), Contract (Hughes Network Systems, LLC)

Waivers and Deviations. Contractor shall timely notify Purchaser in writing from time to time of any failure of the Work to meet the requirements of the Contract. With respect to any deviation or waiver from the Contract that Contractor shall in reasonable good faith believe that Purchaser should waive or approve or that Purchaser shall determine to waive or approve, Contractor shall submit requests to Purchaser a request for waivers a waiver of, or deviation from, provisions the provisions(s) of the Performance Specification applicable to the Satellite or other Deliverable Item andSpace Segment, which request shall set forth in detail the notice provided to Purchaser for scheduling extent of the SPSR as provided in Article 9.1.2, Contractor shall include: (i) a summary of waiver and/or deviation requests that have been submitted to Purchaser and which are still pending; and (ii) submittals of any new or additional requests for waivers of, or deviation from, provisions of impact on the Performance Specification applicable to the Satellite or other Deliverable Item at the time of such notice and for which Contractor desires reliefSpecifications. A request for waiver or deviation shall be deemed granted only if it has been approved in writing by a duly authorized representative of PurchaserPurchaser and expressly approving the modification to the Performance Specifications. Each such waiver or deviation approved by Purchaser shall be deemed an amendment to the Performance Specification for such Satellite or Deliverable ItemSpace Segment, permitting such waiver thereof, or deviation therefrom, effective on or after the date of such approval for such Satellite or Deliverable ItemSpace Segment. Purchaser shall consider each waiver or deviation request in good faith in accordance with industry practices. The grant of a waiver or deviation may involve Contractor providing reasonable considerationfaith.

Appears in 2 contracts

Sources: Space Segment Contract (ICO Global Communications (Holdings) LTD), Space Segment Contract (ICO Global Communications (Holdings) LTD)