CHANGING THE CONTRACT. 24.1 Either Party can request a Variation which is only effective if agreed in writing and signed by both Parties. 24.2 The Supplier must provide an Impact Assessment either: (a) with the Variation Form, where the Supplier requests the Variation; or (b) within the time limits included in a Variation Form requested by CCS or the Buyer. 24.3 If the Variation cannot be agreed or resolved by the Parties, CCS or the Buyer can either: (a) agree that the Contract continues without the Variation; or (b) terminate the affected Contract, unless in the case of a Call-Off Contract, the Supplier has already provided part or all of the provision of the Deliverables, or where the Supplier can show evidence of substantial work being carried out to provide them; or (c) refer the Dispute to be resolved using Clause 34 (Resolving Disputes). 24.4 CCS and the Buyer are not required to accept a Variation request made by the Supplier. 24.5 If there is a General Change in Law, the Supplier must bear the risk of the change and is not entitled to ask for an increase to the Framework Prices or the Charges. 24.6 If there is a Specific Change in Law or one is likely to happen during the Contract Period the Supplier must give CCS and the Buyer notice of the likely effects of the changes as soon as reasonably practical. They must also say if they think any Variation is needed either to the Deliverables, Framework Prices or a Contract and provide evidence: (a) that the Supplier has kept costs as low as possible, including in Subcontractor costs; and (b) of how it has affected the Supplier’s costs. 24.7 Any change in the Framework Prices or relief from the Supplier's obligations because of a Specific Change in Law must be implemented using Clauses 24.1 to 24.4. 24.8 For 101(5) of the Regulations, if the Court declares any Variation ineffective, the Parties agree that their mutual rights and obligations will be regulated by the terms of the Contract as they existed immediately prior to that Variation and as if the Parties had never entered into that Variation.
Appears in 2 contracts
Samples: Finance Lease, Finance Lease
CHANGING THE CONTRACT. 24.1 28.1 Either Party can request a Variation to the Contract which is only effective if agreed in writing and signed by both Parties.
24.2 . The Supplier must shall provide an Impact Assessment either:
(a) with the Variation Form, where the Supplier requests the Variation; or
(b) within the time limits included in a Variation Form when requested by CCS the Buyer which shall be calculated on the basis of the charges and rates specified in Schedule 2 (Charges) or as otherwise specified in the BuyerContract Order.
24.3 28.2 If the Variation to the Contract cannot be agreed or resolved by the PartiesParties in accordance with the provisions of this Clause 28, CCS or the Buyer can either:
(a) 28.2.1 agree that the Contract continues without the Variation; or
(b) terminate the affected Contract, unless in the case of a Call-Off Contract, the Supplier has already provided part or all of the provision of the Deliverables, or where the Supplier can show evidence of substantial work being carried out to provide them; or
(c) 28.2.2 refer the Dispute dispute to be resolved using Clause 34 32 (Resolving Disputes).
24.4 CCS and the 28.3 The Buyer are is not required to accept a Variation request made by the Supplier.
24.5 28.4 The Supplier may only reject a Variation requested by the Buyer if the Supplier:
28.4.1 reasonably believes that the Variation would materially and adversely affect the risks to the health and safety of any person or that it would result in the Deliverables being provided in a way that infringes any Law; or
28.4.2 demonstrates to the Buyer's reasonable satisfaction that the Variation is technically impossible to implement.
28.5 If there is a General Change in Law, the Supplier must bear the risk of the change and is not entitled to ask for an increase to the Framework Prices or the Charges.
24.6 28.6 If there is a Specific Change in Law or one is likely to happen during the Contract Period the Supplier must give CCS and the Buyer notice of the likely effects of the changes as soon as reasonably practical. They must also say if they think any Variation is needed either to the Deliverables, Framework Prices the Charges or a the Contract and provide evidence:
(a) 28.6.1 that the Supplier has kept costs as low as possible, including in Subcontractor costs; and
(b) 28.6.2 of how it has affected the Supplier’s costs.
24.7 28.7 Any change in the Framework Prices Charges or relief from the Supplier's obligations because of a Specific Change in Law must be implemented using Clauses 24.1 28.1 to 24.428.3.
24.8 For 101(5) of the Regulations, if the Court declares any Variation ineffective, the Parties agree that their mutual rights and obligations will be regulated by the terms of the Contract as they existed immediately prior to that Variation and as if the Parties had never entered into that Variation.
Appears in 1 contract
Samples: Framework Contract for Goods and/or Non Construction Services
CHANGING THE CONTRACT. 24.1 Either Party to:
(a) a Contract can request a Variation to the Contact which is only effective if agreed in writing and signed by both Parties.
(b) the Framework Contract can request a Variation to this Framework Contract which is only effective if agreed by both Parties in a Variation Form in writing and signed by both Parties. Neither CCS nor any Buyer is under any obligation to agree to a Variation proposed by the Supplier.
24.2 The With regard to Clause 24.1(b) the Supplier must provide an Impact Assessment either:
(a) with the Variation Form, where the Supplier requests the Variation; or
(b) within the time limits included in a Variation Form requested by CCS or the BuyerCCS.
24.3 If the a Variation to this Framework Contract or a Contract cannot be agreed or resolved by the Parties, CCS or the Buyer can either:
(a) agree that the Framework Contract or Contract continues without the Variation; or;
(b) terminate the affected Framework Contract or Contract, unless in the case of a Call-Off Contract, the Supplier has already provided part or all of the provision of the Deliverables, or where the Supplier can show evidence of substantial work being carried out to provide them; or
(c) refer the Dispute to be resolved using Clause 34 26 (Resolving DisputesDispute Resolution).
24.4 CCS and the Buyer are not required to accept a Variation request made by the Supplier.
24.5 If there is a General Change in Law, the Supplier must bear the risk of the change and is not entitled to ask for an increase to the Framework Prices Supplier Fee or the Charges.
24.6 24.5 If there is a Specific Change in Law or one is likely to happen during the Contract Period the Supplier must give CCS and the each affected Buyer written notice of the likely effects of the changes as soon as reasonably practical. They must also say if they think any Variation is needed either to the Deliverables, Supplier Fee, Charges, the Framework Prices Contract or a any Contract and provide evidence:
(a) that the Supplier has kept costs as low as possible, including in Subcontractor costs; and
(b) of how it has affected the Supplier’s costs.
24.7 24.6 Any change in the Framework Prices Supplier Fee, Charges or relief from the Supplier's obligations because of a Specific Change in Law must be implemented using Clauses 24.1 to 24.424.3 of this Schedule 2.
24.8 24.7 For Regulation 101(5) of the Regulations, if the Court declares any Variation ineffective, the Parties agree that their mutual rights and obligations will be regulated by the terms of the applicable Framework Contract or Contract as they existed immediately prior to that Variation and as if the Parties had never entered into that the Variation.
Appears in 1 contract
Samples: Framework Contract