Common use of Amendment and variation Clause in Contracts

Amendment and variation. 16.1 No amendment or variation to this Contract shall be effective unless it is in writing and signed by or on behalf of each of the parties hereto. The Contractor shall comply with any formal procedures for amending or varying contracts which the Department may have in place from time to time. 16.2 The Department may during the Contract Period, by written notice to the Contractor, request a variation of the Specification provided that such variation does not amount to a material change to it. Such a change is hereinafter called a “Variation”. Following such notice, the Department and the Contractor shall enter into good faith negotiations (for a period of not more than 30 Working Days from the date thereof or where, in the reasonable opinion of the Department, the variation is necessary as a matter of urgency due to circumstances outside the Parties’ control, such shorter period as the Department shall direct) to agree the variation and any variation in the Contract Price that, in all the circumstances, properly and fairly reflects the nature and extent of the proposed variation. If the Parties are unable to agree such matters within such period, the Department shall by written notice to the Contractor: (a) agree that the Parties shall continue to perform their obligations under the Contract without the variation; or (b) terminate the Contract with immediate effect. 16.3 If the Parties agree the variation and any variation in the Contract Price within the relevant period set out in clause 16.2, the Contractor shall carry out such variation and be bound by the same provisions so far as is applicable, as though such variation was stated in the Contract. 16.4 Any such Variation shall be communicated in writing by the Department to the Contractor in accordance with clause 20 (Notices). All Variations shall form an addendum to the Contract