Change Management. 16.1. Where either party wishes to seek a variation to this agreement (a “Change”) then that party (the “Requesting Party”) shall submit a change request as specified in this clause (a “Change Request”) to the other (the “Recipient”) and the provisions of this clause shall apply in respect of the Change. All Changes shall be made in accordance with this clause. 16.2. A Change Request can be signed only by an authorised signatory of the Requesting Party. 16.3. A Change Request signed by the authorised signatory of the Recipient is an agreed Change to this Agreement. 16.4. Until such time as a Change Request is signed by both parties in accordance with this clause, the Agreement shall not be varied by the proposed Change and each party shall, unless otherwise agreed in writing, continue to fulfil its obligations as if the proposal for a Change had not been made. Any discussions which may take place between the parties in connection with a proposed Change before the agreement of the Change Request shall be without prejudice to the rights of each Party. 16.5. Each Change Request shall be raised by providing in writing the following information to the Recipient, clearly stating that the document is a Change Request in accordance with this clause of this agreement: 16.5.1. a Change Request reference number; 16.5.2. the author and submission date of the Change Request; 16.5.3. the requested implementation date (which shall be no less than 20 working days from the date of the Change Request); 16.5.4. the reason for the Change; 16.5.5. full details of the Change including an assessment on all aspects of the Agreement and Services; 16.5.6. any proposed changes in the Charges; 16.5.7. the consequential amendments, if any, to this Agreement (including the Schedules) necessitated by the Change; and 16.5.8. the date of expiry of validity of the Change Request which, unless agreed otherwise, shall be for twenty (20) Working Days after the date the Change Request. 16.6. For the avoidance of doubt, any written notice that contains all of the information set out in clause 16.5 shall be considered a valid Change Request, and the Recipient shall be obliged to comply with the terms of this clause. 16.7. On receipt of a valid Change Request, the Recipient shall, within the period of validity of the Change Request, evaluate the Change Request and: 16.7.1. decide to approve, sign and return the Change Request to the Requesting Party; 16.7.2. decide to reject the Change Request, giving reasons for such rejection; or 16.7.3. require the Requesting Party to amend the Change Request and/or provide the Recipient with additional information about the Change Request as soon as it is reasonably able to do so. 16.8. For the avoidance of doubt, the Recipient shall not be required to agree to any Change Request proposed by the Requesting Party. 16.9. Where a Change Request has not been signed and returned by the Recipient within twenty (20) working days then, unless the Requesting Party has either withdrawn the Change Request or agreed to amend it, the Requesting Party shall be at liberty (but not obliged) to make an application to the Authority under section 40A(1) of the Act.
Appears in 11 contracts
Samples: Bulk Supply Agreement, Bulk Supply Agreement, Bulk Supply Agreement
Change Management. 16.115.1. Where either party wishes to seek a variation to this agreement (a “Change”) then that party (the “Requesting Party”) shall submit a change request as specified in this clause (a “Change Request”) to the other (the “Recipient”) and the provisions of this clause shall apply in respect of the Change. All Changes shall be made in accordance with this clause.
16.215.2. A Change Request can be signed only by an authorised signatory of the Requesting Party.
16.315.3. A Change Request signed by the authorised signatory of the Recipient is an agreed Change to this Agreement.
16.415.4. Until such time as a Change Request is signed by both parties in accordance with this clause, the Agreement shall not be varied by the proposed Change and each party shall, unless otherwise agreed in writing, continue to fulfil its obligations as if the proposal for a Change had not been made. Any discussions which may take place between the parties in connection with a proposed Change before the agreement of the Change Request shall be without prejudice to the rights of each Party.
16.515.5. Each Change Request shall be raised by providing in writing the following information to the Recipient, clearly stating that the document is a Change Request in accordance with this clause of this agreement:
16.5.115.5.1. a Change Request reference number;
16.5.215.5.2. the author and submission date of the Change Request;
16.5.315.5.3. the requested implementation date (which shall be no less than 20 working days Working Days from the date of the Change Request);
16.5.415.5.4. the reason for the Change;
16.5.515.5.5. full details of the Change including an assessment on all aspects of the Agreement agreement and Servicessewerage services;
16.5.615.5.6. any proposed changes in the Charges;
16.5.715.5.7. the consequential amendments, if any, to this Agreement agreement (including the Schedules) necessitated by the Change; and
16.5.815.5.8. the date of expiry of validity of the Change Request which, unless agreed otherwise, shall be for twenty (20) Working Days after the date the Change Request.
16.615.6. For the avoidance of doubt, any written notice that contains all of the information set out in clause 16.5 15.5 shall be considered a valid Change Request, and the Recipient shall be obliged to comply with the terms of this clause.
16.715.7. On receipt of a valid Change Request, the Recipient shall, within the period of validity of the Change Request, evaluate the Change Request and:
16.7.115.7.1. decide to approve, sign and return the Change Request to the Requesting Party;
16.7.215.7.2. decide to reject the Change Request, giving reasons for such rejection; or
16.7.315.7.3. require the Requesting Party to amend the Change Request and/or provide the Recipient with additional information about the Change Request as soon as it is reasonably able to do so.
16.815.8. For the avoidance of doubt, the Recipient shall not be required to agree to any Change Request proposed by the Requesting Party.
16.915.9. Where a Change Request has not been signed and returned by the Recipient within twenty (20) working days Working Days then, unless the Requesting Party has either withdrawn the Change Request or agreed to amend it, the Requesting Party shall be at liberty (but not obliged) to make an application to the Authority under section 40A(1) of the Act.
Appears in 11 contracts
Samples: Bulk Discharge Agreement, Bulk Discharge Agreement, Bulk Discharge Agreement
Change Management. 16.115.1. Where either party wishes to seek a variation to this agreement (a “Change”) then that party (the “Requesting Party”) shall submit a change request as specified in this clause (a “Change Request”) to the other (the “Recipient”) and the provisions of this clause shall apply in respect of the Change. All Changes shall be made in accordance with this clause.
16.215.2. A Change Request can be signed only by an authorised signatory of the Requesting Party.
16.315.3. A Change Request signed by the authorised signatory of the Recipient is an agreed Change to this Agreement.
16.415.4. Until such time as a Change Request is signed by both parties in accordance with this clause, the Agreement shall not be varied by the proposed Change and each party shall, unless otherwise agreed in writing, continue to fulfil its obligations as if the proposal for a Change had not been made. Any discussions which may take place between the parties in connection with a proposed Change before the agreement of the Change Request shall be without prejudice to the rights of each Party.
16.515.5. Each Change Request shall be raised by providing in writing the following information to the Recipient, clearly stating that the document is a Change Request in accordance with this clause of this agreement:
16.5.115.5.1. a Change Request reference number;
16.5.215.5.2. the author and submission date of the Change Request;
16.5.315.5.3. the requested implementation date (which shall be no less than 20 working days Working Days from the date of the Change Request);
16.5.415.5.4. the reason for the Change;
16.5.515.5.5. full details of the Change including an assessment on all aspects of the Agreement agreement and Servicessewerage services;
16.5.615.5.6. any proposed changes in the Charges;
16.5.715.5.7. the consequential amendments, if any, to this Agreement agreement (including the Schedules) necessitated by the Change; and
16.5.815.5.8. the date of expiry of validity of the Change Request which, unless agreed otherwise, shall be for twenty (20) Working Days after the date the Change Request.
16.615.6. For the avoidance of doubt, any written notice that contains all of the information set out in clause 16.5 15.5 shall be considered a valid Change Request, and the Recipient shall be obliged to comply with the terms of this clause.
16.715.7. On receipt of a valid Change Request, the Recipient shall, within the period of validity of the Change Request, evaluate the Change Request and:
16.7.115.7.1. decide to approve, sign and return the Change Request to the Requesting Party;
16.7.215.7.2. decide to reject the Change Request, giving reasons for such rejection; or
16.7.315.7.3. require the Requesting Party to amend the Change Request and/or provide the Recipient with additional information about the Change Request as soon as it is reasonably able to do so.
16.815.8. For the avoidance of doubt, the Recipient shall not be required to agree to any Change Request proposed by the Requesting Party.
16.915.9. Where a Change Request has not been signed and returned by the Recipient within twenty (20) working days Working Days then, unless the Requesting Party has either withdrawn the Change Request or agreed to amend it, the Requesting Party shall be at liberty (but not obliged) to make an application to the Authority under section 40A(1) of the Act.)
Appears in 1 contract
Samples: Bulk Discharge Agreement
