CONTRACTOR’S RIGHT OF APPROVAL Sample Clauses

CONTRACTOR’S RIGHT OF APPROVAL. Following an Impact Assessment, if the Contractor reasonably believes that any proposed Contract Change which is requested by the Client:
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CONTRACTOR’S RIGHT OF APPROVAL. 6.1 Following an Impact Assessment, if the Supplier reasonably believes that any proposed Contract Change which is requested by Customer: (a) would adversely affect the risks to the health and safety of any person; (b) would require the Services to be performed in a way that infringes any law or is inconsistent with good industry practice; (c) would cause any consent to be revoked (or a new consent required to implement the relevant Contract Change to be unobtainable); (d) would adversely affect the Supplier’s ability to deliver the Services (other than to a minimal or de minimis degree); (e) would require the Supplier to implement the Contract Change in an unreasonable period of time; (f) would materially change the nature or risk profile of the Services (other than to a minimal or de minimis degree); (g) would require a party to possess legal powers or capacity that it does not have; and/or
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CONTRACTOR’S RIGHT OF APPROVAL. 7.1 Following an Impact Assessment, if the Contractor reasonably believes that any proposed Contract Change which is requested by the Authority: 7.1.1 would materially and adversely affect the risks to the health and safety of any person; 7.1.2 would require the Services to be performed in a way that infringes any Law; or 7.1.3 is technically impossible to implement provided that: 7.1.3.1 the Contractor can demonstrate to the Authority's reasonable satisfaction that the proposed Contract Change is impossible to implement; and 7.1.3.2 neither the Contractor Solution nor the Services Description state that the Contractor does have the technical capacity and flexibility required to implement the proposed Change. then the Contractor shall be entitled to reject the proposed Contract Change and shall notify the Authority of its reasons for doing so within [five] Working Days after the date on which it is obliged to deliver the Impact Assessment in accordance with paragraph 4.3.
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CONTRACTOR’S RIGHT OF APPROVAL. 4.1 If the Contractor reasonably believes that any proposed Framework Contract Change which is requested by the Framework Authority: (a) would materially and adversely affect the risks to the health and/or safety of any person; (b) would require any of the Available Services to be performed in a way that infringes any Law or is inconsistent with Good Industry Practice; (c) would cause any consent to be revoked (or a new consent required to implement the relevant Framework Contract Change to be unobtainable); (d) would materially and adversely affect the Contractor's ability to deliver the Available Services; (e) would require the Contractor to implement the Framework Contract Change in an unreasonable period of time; (f) would (if implemented) materially and adversely change the nature of the Available Services (including the risk profile); and/or (g) would (to implement) require the Framework Authority, a Customer or a Service Recipient to possess legal powers or capacity that it does not have, then, subject to the Contractor's compliance with Paragraph 4.2, the Contractor shall be entitled to reject the proposed Framework Contract Change and shall notify the Framework Authority in writing of its reasons for doing so within two (2) Working Days after the date on which it receives the Framework RFC pursuant to Paragraph 3.1 or the date on which it receives any clarifications pursuant to Paragraph 3.4. 4.2 If the Contractor believes it is entitled to reject the proposed Framework Contract Change in accordance with Paragraph 4.1, the Contractor shall, at the same time as its notice, provide 1. Where required by the Framework Authority, any such alternative suggestion shall be implemented through the Change Control Procedure.
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CONTRACTOR’S RIGHT OF APPROVAL. 7.1 Following an Impact Assessment, if the Contractor reasonably believes that any proposed Contract Change which is requested by the Authority: 7.1.1 would materially and adversely affect the risks to the health and safety of any person; 7.1.2 would require the Services to be performed in a way that infringes any Law; or 7.1.3 is technically impossible to implement, provided that: (a) the Contractor can demonstrate to the Authority’s reasonable satisfaction that the proposed Contract Change is impossible to implement; and (b) the Contractor’s Technical Solution does not state that the Contractor does have the technical capacity and flexibility required to implement the proposed Change, then the Contractor shall be entitled to reject the proposed Contract Change and shall notify the Authority of its reasons for doing so within five Working Days after the date on which it is obliged to deliver the Impact Assessment in accordance with paragraph 4.3.
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CONTRACTOR’S RIGHT OF APPROVAL. 7.1 Following an Impact Assessment, if the Contractor reasonably believes that any proposed Contract Change which is requested by the Authority: then the Contractor shall be entitled to reject the proposed Contract Change and shall notify the Authority of its reasons for doing so within five (5) Working Days after the date on which it is obliged to deliver the Impact Assessment in accordance with paragraph 4.3.
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CONTRACTOR’S RIGHT OF APPROVAL. 7.1 Following an Impact Assessment, if the Contractor reasonably believes that any proposed Contract Change which is requested by the Council: 7.1.1 would materially and adversely affect the risks to the health and safety of any person; 7.1.2 would require the Services to be performed in a way that infringes any Law or is inconsistent with Good Industry Practice; 7.1.3 would cause any consent to be revoked (or a new consent required to implement the relevant Change in service to be unobtainable); 7.1.4 would materially and adversely affect the Contractor’s ability to deliver the Services; 7.1.5 would materially and adversely affect the health and safety of any person; 7.1.6 would require the Contractor to implement the Change in Service in an unreasonable period of time; 7.1.7 would (if implemented) materially and adversely change the nature of the Services (including the risk profile); and/or 7.1.8 would (to implement) require the Council to possess legal powers or capacity that it does not have. then the Contractor shall be entitled to reject the proposed Contract Change and shall notify the Council of its reasons for doing so within [five] Working Days after the date on which it is obliged to deliver the Impact Assessment in accordance with paragraph 4.3.
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CONTRACTOR’S RIGHT OF APPROVAL. Following an Impact Assessment, if the Contractor reasonably believes that any proposed Contract Change which is requested by the Authority: would materially and adversely affect the risks to the health and safety of any person; would require the Services to be performed in a way that infringes any Law; or is technically impossible to implement, provided that: the Contractor can demonstrate to the Authority’s reasonable satisfaction that the proposed Contract Change is impossible to implement; and the Contractor’s Technical Solution does not state that the Contractor does have the technical capacity and flexibility required to implement the proposed Change, then the Contractor shall be entitled to reject the proposed Contract Change and shall notify the Authority of its reasons for doing so within five Working Days after the date on which it is obliged to deliver the Impact Assessment in accordance with paragraph 4.3. FAST–TRACK CHANGES The Parties acknowledge that, to ensure operational efficiency, there may be circumstances where it is desirable to expedite the processes set out above. If both Parties agree in relation to a proposed Contract Change that: the Contract Change does not involve any alteration to, or deviation from the contractual principles set out in this Agreement; and the total number of Contract Changes in relation to which this fast track procedure has been applied does not exceed four in any twelve month period (or such higher number as the Parties may from time to time agree in writing), then the Parties shall confirm to each other in writing that they shall use the process set out in paragraphs 3, 4, 5, 6 and 7 but with reduced timescales, such that any period of fifteen Working Days is reduced to five Working Days, any period of ten Working Days is reduced to two Working Days and any period of five Working Days is reduced to one Working Day. The parameters set out in paragraph 8.2 may be revised from time to time by agreement between the Parties in writing. CHANGE AUTHORISATION Any proposed Contract Change processed in accordance with this Schedule 13 will not be authorised and the Contractor shall not implement any proposed Contract Change until the Change Authorisation Note is signed and executed by the Authority in accordance with the Authority’s Contract Change authorisation and sign off procedure(s), as notified to the Contractor in writing from time to time. COMMUNICATIONS For any Change Communication to be valid under this Sc...
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Related to CONTRACTOR’S RIGHT OF APPROVAL

  • Right of Appeal 13.1 If the Administrator: 13.1.1 decides not to certify a facility or to vary a certificate which has been issued; 13.1.2 serves a notice imposing a buy-out fee under Rule 7 upon determining that a target unit has failed to meet its target; or 13.1.3 decides to vary or not to vary the target for a target unit, the Operator may appeal to the Tribunal against the decision. 13.2 In respect of an Operator which enters into an agreement after 1 April 2013, the Operator may appeal to the Tribunal against the target that has been set for the target unit by the Administrator. 13.3 For the purposes of Rule 13.2, the date on which notice of the decision is deemed to have been sent to the Operator is the later of the date the agreement is entered into or the date the Administrator sends notice to the Operator of the target for the target unit. 13.4 The grounds on which an Operator may appeal under Rule 13.1 and 13.2 are: 13.4.1 that the decision was based on an error of fact; 13.4.2 that the decision was wrong in law; 13.4.3 that the decision was unreasonable; 13.4.4 any other reason. 13.5 The bringing of an appeal suspends the effect of the decision pending final determination by the Tribunal of the appeal or its withdrawal. 13.6 On determining an appeal under these Rules the Tribunal must either: 13.6.1 affirm the decision; 13.6.2 quash the decision; or 13.6.3 vary the decision.

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