Change Control Procedure. 34.1 In the event that either Party desires any change the terms of this Agreement or any Contract which may materially impact on the timings, scope, Specification or Charges of the Goods or Services, or the scope of either parties’ obligations under this Agreement or the relevant Contract, or which the relevant Party otherwise reasonably determines warrants the use of this change control procedure, the following procedures will apply:
(a) the Party requesting the change will deliver a “Change Request” (in the form (or substantially in the same form) contained in Schedule 5 to this Agreement) which describes:
(i) the nature of the change;
(ii) the reason for the change;
(iii) the effect that the requested change will have on the scope or Specification for the Goods or Services; and
(iv) any change to the Charges and the Term.
(b) Upon receipt of a Change Request, the receiving Party’s authorised representative will contact his/ her counterpart within 5 working days to discuss and agree the Change Request. The parties will negotiate the proposed changes to the Agreement and/or affected Contract in good faith and agree a timeline in which to finalise the Change Notice.
(c) Neither party is obliged to agree to a Change Request, but if the parties do agree to implement such a Change Request, the appropriate authorised representatives of both parties will sign the Change Request which will be effective from the date set out in the Change Request.
(d) If there is any conflict between the terms and conditions set out in the Agreement or any Contract and the Change Request, then the terms and conditions set out in the most recent fully executed Change Request will apply.
(e) The Supplier shall neither be relieved of its obligations to supply the Goods and/or Services in accordance with the terms and conditions of this Agreement or any Contract, nor be entitled to an increase in the Charges as the result of:
(i) a General Change in Law; or
(ii) a Specific Change in Law where the effect of that Specific Change in Law on the Goods and/or Services is reasonably foreseeable at the Commencement Date of this Agreement, or, where the Change Request relates to a Contract, the applicable Contract Commencement Date.
34.2 The Parties agree that any variations to the Agreement or any Contract to reflect non- material changes (including for example a change to the name/contact details of a Party’s representative) may be agreed in writing and shall not be required to be made in ...
Change Control Procedure. Any requirement for a Change shall be subject to the Change Control Procedure.
Change Control Procedure. A. At any time during the term of this Agreement, either Party may propose a change or changes to any part or parts of this Agreement.
B. The change control procedures set out in this Schedule will apply to all changes irrespective of whether the Contractor or TG4 proposes the change.
C. A change control notice (“Change Control Notice”) shall be prepared for all change requests. The Change Control Notice will provide an outline description of the change requested, the rationale for the change, the effect that the change will have on the Services (where known) and an estimate of the effort and cost required to prepare an impact assessment (“Impact Assessment”).
D. All Change Control Notices proposing changes to this Agreement must be submitted for review to the other Party’s Contact.
E. The Parties must indicate their acceptance or rejection of the change control request and/or Impact Assessment within a reasonable timeframe of its completion and submission for review, subject to a maximum of twenty (20) calendar days or such other period agreed between the Parties.
F. On approval of an Impact Assessment, this Agreement and/or the Schedules should be updated and revised as appropriate and in writing.
G. In the event that either Party rejects the Impact Assessment, the change(s) shall not take place and the Parties shall continue to perform their obligations under this Agreement.
H. The Contractor and TG4 will agree a reasonable charge in advance for investigating each proposed variation and preparing each estimate, whether or not the variation is implemented. If TG4’s request for any variation is subsequently withdrawn but results in a delay in the performance of the Services then the Contractor will not be liable for such delay and will be entitled to an extension of time equal to not less than the period of the delay.
Change Control Procedure. If either party requests a modification of the Agreement or any PSA, including (i) a change to the scope of the Services, Dedicated FTEs, Performance Standards, or Charges under any PSA, (ii) a change to the Exhibits or Schedules to the Agreement, (iii) the addition of New Services, (iv) a change to the features, functionality, scalability or performance of the Services, or (v) any other change to the terms of the Agreement or any PSA, the requesting party’s Account Executive or his or her designee shall submit a written proposal in the form attached as Exhibit K (a “Change Order Request”) to the other party’s Account Executive describing such desired change. Such party’s Account Executive shall review the proposal and reject or accept the proposal in writing within a reasonable period of time, but in no event more than thirty (30) days after receipt of the proposal. If the proposal is rejected, the writing shall include the reasons for rejection. If the proposal is accepted, the parties shall mutually agree on the changes to be made, if necessary, to the Agreement, the applicable PSA, or any applicable Exhibits. All such changes shall be made only in a written Change Order signed by the Account Executive of each of the parties or his designee (authorized in writing by the applicable party), and thereafter embodied in the applicable documents by appropriate written addenda thereto executed by PROVIDER and CUSTOMER.
Change Control Procedure. The Parties acknowledge that Changes to the Contract may be necessary to reflect operational and administrative procedures during the Contract Period and that such Changes will be advised to the Contractor.
Change Control Procedure. 11.1 Change Requests may be originated either by SCC, the Customer or a Customer Party.
11.2 No Change Request shall be binding on the Parties unless the requirements of this Clause 11 have been satisfied and a Change Request Form is signed by the Authorised Representatives of both Parties to signify their approval to the Change Request.
11.3 Until such time as a Change Request is formally agreed by both Parties, the Parties shall continue to perform their respective obligations without taking account of the Change Request.
11.4 In the case of any Change Request, SCC shall within ten (10) Business Days either supply to the Customer details of the consequential changes which will be required to this Framework Agreement, the relevant Order, Services to be provided under such Order, Charges and/or any other effects of the proposed change (the "Change Report") or written confirmation that there will be no such consequential changes or effects.
11.5 In the event SCC gives notice to the Customer within five (5) Business Days of receipt of a Change Request that it cannot provide the Change Report required by Clause 11.4 within such ten (10) Business Day period, the Parties shall agree a suitable period within which SCC shall be required to provide these details. If the Parties are unable to agree such extension to the timetable within five (5) Business Days of receipt by the Customer of such notice from SCC, the matter shall be referred for determination in accordance with the Dispute Resolution Procedure.
11.6 The Customer shall notify SCC that the Change Report is accepted or rejected by the Customer within ten (10) Business Days of receipt of the Change Report by the Customer.
11.7 If a dispute arises as to whether any requirement of SCC or the Customer is a Change Request, the matter shall be dealt with in accordance with the Dispute Resolution Procedure.
11.8 On signature by the Authorised Representatives of both Parties of a Change Request Form, the Framework Agreement and/or Order and/or Service Annex shall be deemed amended in accordance with the provisions of that Change Request Form.
Change Control Procedure. A. At any time during the term of this Agreement, either Party may propose a change or changes to any part or parts of this Agreement.
B. The change control procedures set out in this Schedule will apply to all changes irrespective of whether the Contractor or the Client proposes the change.
Change Control Procedure. 4.1 The Customer may, by giving written notice to the Supplier at any time during the term of this Agreement, request a change in the scope of a SOW.
4.2 Within seven (7) Working Days of receipt of such notice, subject to the change being viable and receipt if all information reasonably requested by the Supplier, the Supplier shall prepare for the Customer a written quote for any increase or decrease in the Charges payable by the Customer under this Schedule, and any effect that the requested change would have on the scope of the Order and/or SOW. The Supplier also reserves the right to charge the Customer in accordance with its Tariff in relation to any work undertaken in preparing its quote in response to a change request.
4.3 Should the request made not be viable, the Supplier shall within seven (7) Working Days of the request, notify the Customer, qualifying why and where possible suggest an alternative. The Supplier also reserves the right to charge the Customer in accordance with its Tariff in relation to any work undertaken in preparing its response to a change request.
4.4 Within seven (7) Working Days of receipt of the written quote referred to in paragraph 4.2, the Customer shall inform the Supplier in writing of whether the Customer wishes the requested change to be made. If the change is required, the Supplier shall not make the requested change until the parties have agreed and signed a SOW specifying any changes to the scope of the Professional Services and the Charges payable to the Supplier.
Change Control Procedure. In the event that (i) either [*****] or [*****] wishes a change to the Novation Proprietary Services, including changes in the [*****], [*****] or [*****] of the foregoing, or (ii) [*****] requests new [*****] (each of the foregoing, a “Change”), the requesting Party shall submit a written proposal to the other Party describing such desired change (“Change Request”). The receiving Party shall review the Change Request and reject or accept the Change Request in writing within a reasonable period of time, but in no event more than [*****] after receipt of the Change Request (the “Response”). In the event that the Change Request is rejected, the Response shall include the [*****] and, in the event that the Change Request is rejected by [*****], [*****] shall wherever possible, [*****] a [*****] to the requested Change. [*****] and [*****] shall negotiate in good faith to agree on a Change, and its accompanying terms, within [*****] after receipt of the Response; provided, however, that either Party may, in its sole discretion, elect to not agree to any Change. In the event that the Change Request is accepted, the Parties shall mutually agree on the changes to be made to this Agreement to reflect such Change. The changes or additional terms and conditions (if any) shall be made only in a written Change Order signed by an authorized representative of the Parties. Notwithstanding the foregoing, nothing set forth in this Agreement shall be construed to require renegotiation of existing Services.
Change Control Procedure. All Change Requests (defined below) and Changes shall be dealt with in accordance with the procedure set forth below. Changes shall be effective only if made in writing and signed by an officer of the parties who is authorized to execute such documents under the terms and conditions of the Schedule and in accordance with this Exhibit.
